Thousands Urge DOT to Prohibit Airborne Voice Calls on Commercial Flights

The vast majority of the nearly 8,200 individuals who posted comments through midday Tuesday in the Department of Transportation’s docket on the use of mobile devices for voice calls on commercial airlines urged the agency to permanently ban such calls while in-flight. DOT asked in a December NPRM (docket DOT-OST-2014-0002) whether airlines should have to disclose their policy on airborne voice calls or whether the agency should prohibit such calls entirely on commercial aircraft (see 1612090056).

Several airlines, though not stating for the record whether they backed an outright ban on airborne voice calls, told DOT they don’t foresee offering that capability anytime soon. United Airlines has “no current plans” to allow passenger voice calls in-flight, “even if future regulatory activity allows for in-flight cellular communication,” it commented. “United takes the perspectives of our employees and customers very seriously and respects their opinions. We have heard clearly that they do not want such calls to be part of their onboard experience at this time.”

United thinks prohibiting airborne voice calls “is the right thing to do for our employees and our customers, making the United inflight experience more pleasant for everyone onboard,” and “no regulatory action is needed in this area,” it said. Any new DOT regulation for “voice calls on the basis of consumer protection, including proposed regulation of disclosure about any such service, would be premature even if so doing were within the Department’s authority,” which United thinks DOT lacks, the airline said.

Allegiant Air also has no plans to permit passengers to make or receive in-flight voice calls in the foreseeable future, the airline told DOT. Allegiant backs the proposal that disclosure be required only when an airline permits in-flight voice calls, it said. Airlines “adhering to the commonly understood status quo” of not allowing airborne voice calls “should not have the complexity or expense of implementing another consumer disclosure forced upon them,” it said. Airlines that opt to permit such calls “are likely to charge for the service, at least vis-à-vis most passengers,” and so can recover the costs of complying with any disclosure requirements “by setting their charges accordingly,” it said.

Spirit Airlines thinks DOT is right to leave the decision of allowing voice calls up to the individual airlines, it told the agency. “While the absence of voice calls might not be a problem for most travelers on domestic flights, it could be an important benefit for business travelers on lengthy international trips.” Some airlines may “want to offer the service in first or business class, but not in coach,” Spirit said. The company didn’t say whether it would permit voice calls on its aircraft fleet, but passengers who prefer no voice calls in-flight “should be made aware in advance” of an airline’s policy before booking a flight, it said. DOT shouldn't “prescribe exactly how the airlines make the disclosure,” it said.

Delta Air Lines filed no comments on the NPRM. But in a Friday letter to DOT, Delta backed an Airlines for America proposal to extend the NPRM’s comments deadline under a Jan. 20 White House memo that urged federal agencies to halt work on pending regulations to give the incoming Trump administration an opportunity to review them (see 1702130027).

Panasonic Avionics thinks “the marketplace is working exactly as it should” on whether to allow in-flight calls, so regulatory action isn't required, the supplier of in-flight entertainment systems said in comments to DOT. Many foreign airlines, including those that regularly travel to and from the U.S., have implemented airborne voice call capability, “but many enable text and data applications only,” it said.

Airlines that choose to enable in-flight voice calls “have clearly disclosed that fact and have not experienced claims of unfair or deceptive practices or passenger disruption,” Panasonic said. “Realities of today’s U.S. commercial aviation marketplace firmly establish that existing market forces result in optimal airline and passenger choice” for in-flight entertainment offerings, including airborne voice calls, “while offering effective notice that meets consumer needs and expectations,” it said.

The AFL-CIO's Transportation Trades Department (TTD) is “disappointed” DOT didn't propose an outright “ban” on in-flight calls and rejects DOT’s concerns it may lack statutory authority to do so, said comments from the union representing flight attendants and a cross-section of other airline employees. TTD worries that “an environment in which voice calls are allowed places an unnecessary burden on flight attendants already tasked with a multitude of responsibilities relating both to the safe operation of the aircraft and customer service duties,” it said.

Federal rules bar discrimination "on the basis of disability in air travel," and those rules “must be given full consideration when determining whether to enable commercial mobile services,” said comments from a coalition of nine advocacy groups for the deaf and hard of hearing. If an airline permits hearing passengers to make voice calls but denies deaf and hard of hearing passengers access to equivalent telecom services, “the air carrier would be discriminating against deaf and hard of hearing passengers by denying them a service that is provided to hearing passengers,” the coalition said. If DOT changes regulations “to authorize the use of mobile communication services on aircraft, air carriers should not be given the flexibility to choose which mobile services to deploy,” the coalition said. If airlines choose to permit mobile voice calls, “they must also permit mobile data and text services for deaf and hard of hearing people to be able to make telecommunications calls,” it said.

It was the thousands of individuals with no corporate or trade group affiliations who most vehemently backed a permanent ban on in-flight voice calls. Allowing airborne voice calls on commercial flights “is a mistake for comfort and for keeping a harmonious group travel experience,” commented Michelle Wentworth, who said she has more than 20 years of experience as a flight attendant. Wentworth also fears allowing in-flight voice calls “makes us more vulnerable to a terrorism attack,” she said.

Frequent flier Judy Goldie is “very concerned about passengers having the ability to talk on their cellphones during flights,” she told DOT. “When flying we do not have the option to walk away,” Goldie said. “We are required to sit in our seats during the majority of the flight and someone talking while flying would be very disruptive.” Goldie’s urgent plea to DOT: “Please do not allow this to happen!”