Groups seek FCC ruling on BART’s cell phone shutdown

An ongoing legal battle in California over whether law enforcement agencies can shut off cell phone service could set the precedent for policies across the United States.

In response to the Bay Area Rapid Transit’s (BART) decision to shut down its mobile phone service during a planned protest, several digital rights groups are urging the U.S. Federal Communications Commission (FCC) to take swift action.

In a petition filed with the FCC, several groups including Public Knowledge, the Center for Democracy and Technology, and the Electronic Frontier Foundation argue that by cutting off cell phone service on 11 August, BART officials violated the U.S. Communications Act and the First Amendment’s protection of free-speech rights.

Sherwin Siy, the deputy legal director at Public Knowledge, argues that BART’s actions also resulted in public safety concerns because cell phone users were unable to contact police or other emergency responders during the three-hour service outage.

“Unilateral action by law enforcement, however well intentioned, risks depriving the public of vital emergency communications at the worst possible moment,” the groups wrote in their petition. “Because any impairment of [mobile service] impacts both critical issues of public safety and important principles of free expression, the Commission must act swiftly to clarify that local authorities may not turn off wireless networks before other local jurisdictions seek to replicate the actions of BART.”

The groups are requesting that the FCC issue a ruling immediately so that other law enforcement agencies do not follow suit and shut down cell phone service to stop protests.

“The petition isn’t really about punishing BART so much as making sure that this sort of problem won’t arise in the future,” explained Siy. “We hope that the FCC will clarify for other local authorities around the country that shutting off cell service isn’t just a bad idea, it’s also against the law.”

In defense of its actions, BART said in a statement on its website, “Organizers planning to disrupt BART service on August 11, 2011 stated they would use mobile devices to coordinate their disruptive activities and communicate about the location and number of BART Police,”

“A civil disturbance during commute times at busy downtown San Francisco stations could lead to platform overcrowding and unsafe conditions for BART customers, employees and demonstrators,” the agency maintained.

Bob Franklin, the president of BART’s board of directors, said organizers had planned to chain themselves to subway cars, potentially trapping as many as 8,000 passengers below the San Francisco Bay.

“The intent was to protect passenger safety, not to stop a protest,” Franklin said.

An FCC spokesman said the agency is currently investigating BART’s decision to cut off cell phone service.

The 11 August protest, which never occurred, was scheduled in response to the fatal shooting death of a passenger by BART police on 3 July.