The FCC asserts, on the one hand, that it “is considering whether advances in technology no longer warrant – on a technological basis – the prohibition of in-flight mobile phone use. This is purely a technical decision.” (FAQ: What has the FCC proposed?) And yet in the NPRM the Commission makes a sweeping and non-technical assertion that “we find that it is in the public interest to bring the benefits of mobile communications services on aircraft to domestic consumers.” (79 FR 2616) The FCC cannot make such a finding; the public interest in this issue goes far beyond the technical considerations for which it has expertise. And indeed the Commission has not actually made a true finding of the public interest, nor even attempted to do so. The Commission has repeatedly and expressly absolved itself of the responsibility of weighing, or even considering, the costs to the traveling public of cellphone use on aircraft. And while it makes passing reference to “public safety” and “law enforcement” (79 FR 2626) its use of these terms does not include concern for the safety of passengers from emotional disruption, confrontation and potential violence on board aircraft, or of the law enforcement responsibilities of aircraft crew in such circumstances. If the FCC must remove a technical barrier to cellphone use, so be it, but it should not purport to have made a public interest value judgment upon such use.