DOT PROPOSES RULE TO PROTECT AIRLINE PASSENGERS FROM BEING UNWILLINGLY EXPOSED TO VOICE CALLS ON AIRCRAFT
January 16, 2017
On December 14, 2016, DOT published a Notice of Proposed Rulemaking (NPRM) aimed at protecting airline passengers from being unwillingly exposed to voice calls within the confines of an aircraft. The Department is proposing to require sellers of air transportation to provide adequate advance notice to passengers if the carrier operating the flight allows passengers to make voice calls using mobile wireless devices. The Department is also seeking comments on whether it should prohibit airlines from allowing voice calls via passenger mobile wireless devices on domestic and/or international flights. The rule would apply to all flights operated with large aircraft (i.e. more than 60 seats) by U.S. and foreign carriers to, from, or within the United States.
The proposed rule would cover voice calls on passenger-supplied cellular telephones and other passenger-supplied mobile wireless devices, regardless of whether the call is made on a commercial mobile frequency, Wi-Fi, or other means. Under this proposal, the Department would not prohibit voice calls (although they are seeking further comment on that issue), but airlines would remain subject to any technical, safety, or security rules that do prohibit or restrict voice calls. Comments are due by February 13, 2017.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com; 202-659-6622) or Drew Derco (dderco@eckertseamans.com; 202-659-6665).