Hold up on the Hang Up Act!

SECTION 423 OF (H.R. 915)
Deprives Airline Passengers of Telecommunications Choices

The U.S. House of Representatives Transportation & Infrastructure (T&I) Committee has taken Representative Peter A. DeFazio’s (OR) bill from the last Congress (HR.5788) and inserted it as a section into the FAA Re-authorization Act of 2009 (HR.915) in this Congress, that if enacted into law, would permanently ban all inflight voice communication services and prevent passengers from using their own mobile devices to send and receive calls.

The proposed provision (Section 423) would permanently ban aircraft passenger voice communications service using a mobile or wireless device and would deny passengers the convenience and choice of connectivity that consumers in other countries enjoy today.

As with the last Congress, the current Congress did not hold a hearing in any House committee or subcommittee, meaning that neither communication nor aviation experts had an opportunity to address the policy implications of this provision attached to an important and overdue piece of aviation legislation. Communication policies will be impacted and this should warrant input from Congressional Committees that deal with telecommunications and technology.

Inflight voice communication service for passengers has been deployed to 3 continents, 52 nations across Europe, Australia, Asia, and the Middle East going to 240 destinations over 7,000 different routes.  There has been a uniform positive passenger response to this communication service. 80% of passengers who have used the service would like these services to be available on every flight.

Such an unjustified U.S. ban is not based on any aviation safety concern. In fact, the T&I Committee’s proposed ban of this service is solely based on hypothetical anecdotal events.

The inflight voice services that are currently being operated internationally have demonstrated that the concerns raised by Representative DeFazio have simply not occurred in real world experiences on the thousands of flights so equipped with the service.  Airlines and providers of inflight communication services have taken practical and effective measures to ensure that enabling passengers to stay connected while inflight does not prove irritating to fellow passengers.

The Inflight Passenger Communications Coalition has been formed to promote an accurate and balanced picture regarding inflight communication services, passenger etiquette and what is happening globally. The coalition consists of experienced providers of inflight passenger communication services.

RESPONSE TO SEC. 423 OF H.R. 915

Federal bans should be applied judiciously and only when public health and safety is at risk. A legislated ban is a severe policy instrument and is only justified when a demonstrated, fully vetted public danger supported by empirical scientific data exists. Congress should defer to the regulatory agencies with jurisdiction over commercial air traffic and communications to provide rule make guidance and direction on introduction of a new technology that affects the traveling public.

Representative John Mica (FL-7th) said in opposition to HR.5788 in the last Congress: “You are trying to legislate courtesy, folks, and that just doesn’t work.”

Representative DeFazio does not target other modes of public transportation including bus, subway, rapid light rail, ferry and cruise ship that currently allow for the use of mobile phone voice service. “Passenger inconveniences” are managed quite well on all these modes of public transportation. There is nothing to suggest that the same cannot be accomplished on an airplane.  

Section 423 would ban both cell phone use and access to communications via VOIP on a laptop.    

Congress is ignoring the facts of real world use and application of the service in international airspace and solely focusing on anecdotal and unsubstantiated “passenger annoyance" arguments.  This legislation is not fact based; it is a bad way to make public policy.  

This approach ignores the rights of passengers who know the technology is capable of providing the service safely and would view the service as a valuable aid and comfort in their travels.

Our message to Congress is clear and straightforward - Hold up on passing the Hang Up section within the FAA Re-Authorization.