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In–Flight Connectivity and legal provisions

Publication date: April 15, 2025

What is IFC and what role does it play in modern aviation?

In-Flight Connectivity (IFC) is a technology that allows passengers and crew to access the internet and communication services during the flight. Thanks to the use of IFC, travelers can use services that require an internet connection.

IFC is based on data transmission technologies:

  • Satellite Communications – The aircraft is equipped with antennas that communicate with geostationary or low-Earth orbit satellites. The signal is transmitted from the aircraft to the satellite, and then to a ground station, from where it is transmitted to the global Internet network. Earth satellites offer lower latency and higher data rates than geostationary satellites.
  • Air-ground communications – Aircraft connecting to ground base stations using antennas directed toward the ground. The signal is transmitted between the ground stations and the aircraft in real time. This technology is particularly effective in land areas with a dense network of base stations.

IFC plays an important role in modern aviation, influencing many aspects

  • Passenger Experience: Today’s travelers expect constant internet access during flights, allowing them to work, be entertained and communicate with loved ones.
  • Flight operations: Real-time connectivity allows the crew to access up-to-date weather information, flight plans and communicate with air traffic control, which increases safety and operational efficiency. Additionally, transmitting diagnostic data from the aircraft to ground teams allows for faster identification and resolution of potential technical issues.
  • Airline Competitiveness: Offering reliable in-flight connectivity is becoming a key differentiator for carriers in the marketplace. Airlines are investing in modern IFC systems to attract and retain local customers.

As technology advances and passenger expectations grow, IFC is becoming an integral part of modern air travel. New technologies such as the development of 5G and the development of satellite networks promise further improvements in the speed and reliability of on-board communications.

Legal aspects of IFC in the European and Polish legal systems

On-board communication involves a number of legal aspects that aim to ensure the safe and efficient provision of communication services on board aircraft. These issues are regulated not only by national legislation but also by EU legislation. These regulations are intended to establish a high standard of safety and ensure the compatibility of IFC systems with other on-board systems. These regulations cover a wide range of areas, from permits for the installation of devices and the reservation of radio frequencies to the protection of personal data. In addition, there are also issues related to the liability of IFC service operators and compliance with international standards. All these regulations are necessary to ensure the safety and comfort of travel as well as compliance with applicable law.

  • EU regulations:
  • Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code: It does not contain provisions directly relating to the IFC, but the general provisions of the Code on the provision of electronic communications services may apply to such services. Article 2 of the Code contains definitions of terms such as “electronic communications network” which is defined as transmission systems, whether or not based on fixed infrastructure or centralised resource management, as well as switching or routing equipment and other resources, including non-active network elements, which enable the conveyance of signals by wire, radio, optical or other wave-based means, including satellite networks, fixed networks, and “electronic communications service” which is a service normally provided for remuneration via electronic communications networks, including the provision of access to the Internet.
  • ECC Decision (15) 04: specifies the rules of use, free circulation and the rules of exemption from individual license for operators of NGSO FFS (Fixed – Satellite Service) satellite systems. This decision concerns specifically the harmonization of the use of the frequency bands 17.3-20.2 GHz, 27.5 – 29.1 GHz and 29.5 – 30.0 GHz. Its implementation by the Member States is to facilitate access to broadband communications on board aircraft, among others, harmonize regulations in CEPT (European Conference of Postal and Telecommunications Administrations) member countries, and exempt operators from the obligation to obtain individual licenses in countries that implement this decision.
  • National regulations in the Polish legal system
  • In order for a satellite operator to provide IFC services for airlines, it must meet the requirements specified in the Act of 12 July 2024 – Electronic Communications Law (Journal of Laws 2024, item 1221). It is required to obtain a frequency, which is regulated in section 2 of this Act. In accordance with art. 68, the competent authority in this matter is the President of the Office of Electronic Communications (UKE). The President of UKE makes frequency reservations, as well as changes or withdrawals thereof. The use of frequencies requires a reservation of a given frequency. The President of the UKE publishes information on the available frequency resources on the Public Information Bulletin website (art. 104 sec. 1). In the event of a lack of sufficient frequency resources, a selection procedure is carried out (art. 104 sec. 3), for which a frequency reservation will be made, in the form of: a competition, tender or auction.

The entity interested in a frequency reservation submits an application to the UKE containing (art. 141):

  • Information about the satellite used and its location
  • Satellite earth station locations or their travel area
  • Frequency range for transmission in the Earth-Space and Space-Earth directions
  • Signal type and technical parameters of transmission

The President of the UKE shall consider the application and may issue a decision on the frequency reservation if the following conditions specified in Article 69 paragraph 1 are met, in particular:

  • They are available and compliant with the national Frequency Allocation Table.
  • They do not cause any disruption to other users
  • They are used effectively.

The entity that has obtained the right to use the frequency must pay an annual fee and a possible one-time fee if the reservation was obtained through a tender and auction. The fees are determined based on the market value of the frequency and the results of tenders conducted earlier. (Article 24). After obtaining a frequency reservation, it is required to obtain a radio license specified in Article 142, which is issued if:

  • Frequencies are available and in line with the frequency allocation plan
  • Do not cause harmful interference to other users
  • They comply with international radio regulations.

The President of the UKE may withdraw a frequency reservation in particular when (Article 99):

  • using a radio device in accordance with the frequency reservation causes harmful interference or harmful electromagnetic disturbances
  • the occurrence of circumstances leading to a threat to national defence, security or public safety and order;
  • when the frequencies covered by the reservation are used in an inefficient manner;
  • there are repeated violations of the frequency usage conditions or the obligation to pay frequency fees

Application for a radio permit for the use of transmitting devices: Each radio device, transmitting or transceiver, in the aeronautical radiocommunication service, including devices for Internet communication systems in aircraft (IFC), requires obtaining an appropriate radio permit. The permit is issued by the President of the Office of Electronic Communications (UKE) at the request of the user. The types of devices for which a permit can be obtained are:

Aircraft station: for devices on board an aircraft,

Airport (ground) station: for devices located at airports.

Each permit is issued for a maximum period of 10 years, with the possibility of obtaining a permit for different frequencies, depending on the needs of the user. Issuing a permit for an airport station (especially for the first time) may require additional arrangements with the civil aviation authority, which extends the process of issuing the permit. The application should be submitted 2 weeks in advance, because Issuing a permit for an airport station (especially for the first time) may require additional arrangements with the civil aviation authority, which extends the process of issuing the permit. The application must be submitted in Polish, electronically via the ePUAP platform or on the PUE platform or by sending the application in paper to the UKE address. In the case of an on-board air station, the Applicant must attach all required documents such as: Copy of the aircraft registration certificate, Copy of the radiotelephone operator’s general certificate , proof of payment of the stamp duty, power of attorney, if the application is submitted by a proxy, stamp duty for submitting a document confirming the granting of a power of attorney or procuration – applies to each application submitted by a proxy. In the case of a ground station: copies of the declaration of conformity of the devices with the essential requirements, and the fees and issues related to the power of attorney are the same as in the case of an on-board air station. An entity that has obtained the right to use the frequencies specified in a frequency reservation or radio permit pays an annual fee in accordance with the Regulation of the Council of Ministers of 6 December 2013 on annual fees for the right to use frequencies (Journal of Laws of 2016, item 276, as amended).

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