DOT Seeks Comments on Potential U.S. Ban on Cell Phone Use; Seeks Information on Financial Impact to Foreign Carriers
February 19, 2014
On Friday, February 14, 2014, the U.S. Department of Transportation (DOT) announced that it is seeking public comment regarding a possible ban on voice communications via wireless devices during passenger flights operating within, originating from, or traveling to the United States. The DOT is specifically seeking input as to whether allowing passengers to engage in voice communications on aircraft would constitute an unfair practice to consumers, and has specifically sought comments from foreign air carriers who currently permit voice calls. Interested parties will have thirty (30) days after the date of publication of this item in the Federal Register to submit comments to the DOT.
The DOT’s request coincides with a rulemaking proceeding initiated by the U.S. Federal Communications Commission (FCC) in late 2013 that may result in the elimination of its current ban on the use of mobile devices on passenger flights for voice communications. The FCC’s rulemaking considers whether new technologies can effectively prevent harmful interference to ground wireless networks resulting from voice calls onboard aircraft — which was the original reason for the FCC’s ban. The FAA relaxed rules on the use of personal electronic devices (PEDs), not including cell phones used for voice communications, during most stages of flight in November 2013 after determining that such usage no longer posed a threat to the safe operation of aircraft. The DOT is now considering a prohibition on voice calls from aircraft based on consumer protection grounds. Numerous individuals and groups have raised concerns that such practices would be disruptive to air travel.
The DOT has noted that possible outcomes of any rulemaking include taking no action (thereby leaving the decision to allow voice calls to each air carrier) or prohibiting all voice calls on all flights in the U.S. The DOT has sought specific commentary on the following issues from Part 121, 125, 129 and 135 carriers:
- Whether a blanket ban on voice communications is necessary, and why;
- What benefits may be derived from allowing voice communications;
- Whether air carriers should be allowed to determine whether voice calls may be permitted and how they may be permitted;
- Whether a proposed ban should include all in flight voice communications, or only certain types;
- Whether a definition of mobile wireless device should be included in any proposed ban;
- Whether text-to-speech technologies should be considered exempt from any proposed ban, particularly for passengers with disabilities, and why;
- When a proposed ban might apply (i.e. only once the aircraft door is closed);
- Whether a proposed ban should include exceptions for personal, passenger-related emergencies, or for crewmembers, law enforcement, or other officials;
- Any impact on consumers of allowing in-flight voice communications;
- Any alternatives that might be available to allow consumers to avoid being subjected to voice calls on flights (e.g. creation of ‘quiet sections,’ or limitations on voice calls during certain times);
- Whether voice communications are more or less disruptive than other behaviors that take place during passenger flights (i.e. conversations between passengers).
In addition to the above, the DOT has also requested comment from foreign air carriers that currently permit voice communications pursuant to national laws and who can provide insight as to how such practices have impacted their ability to provide adequate air transportation and/or maintain customer satisfaction with their services. DOT also has specifically asked what the financial impact on foreign carriers would be if a U.S. ban is imposed.
This Eckert Seamans Aviation Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com 202-659-6622).