-'-. '"· 

### THE SECRETARY OF TRANSPORTATION WASHINGTON, DC 20590 ·'·-·' ..

The Honorable David B. McKinley U.S. House ofRepresentatives Washington, DC 20515 Dear Congressman McKinley: November 19, 2014

Thank you for yourletter urging the U.S. Department ofTransportation (DOT), the _ ... ,'

U.S. Department ofHomeland Security (DHS), the U.S. Department ofJustice (DOJ), and the Federal Communications Commission (FCC) to continue the ban onvoice calls on all commercial aircraft, and to work collaboratively to address safety and security concerns raised by the potential introduction ofother wireless capabilities before they are permitted in-flight. I appreciate the opportunity to provide you an update. As you recognize, concerns surrounding the use ofmobile wireless devices on aircraft extend beyond thejurisdictionofDOT, which has authority over aviation consumerprotection issues and safety issues. Other agencies, such as FCC, DHS, and DOJ, also have distinct areas of responsibilities withrespect to the use ofmobile devices for voice communications on aircraft. We are collaborating with those agencies on an ongoing basis, through an interagency task force convenedby the FCC'sPublic Safety and Homeland Security Bureau. Thistask force is dedicated to identifying and responding to ongoing safety and security threats arising from the use ofpersonal mobile wireless devices aboard aircraft. I look forward to ourcontinued efforts withthis taskforce.

· Atthe same time, DOTis moving forward with its rulemaking on the use ofmobile wireless

devices for voice calls on aircraft. As your letter noted, DOT issued an Advance Notice of Proposed Rulemaking (ANPRM), seeking comment on whether DOT should banvoice calls on commercial aircraft, and ifso, to what extent. The DOT has evaluated the comments received in response to the ANPRM and is in the process ofdrafting aNotice ofProposed Rulemaking (NPRM). Although there is no fmal determination as to whatthe NPRM will propose, we understand the importance ofthis rulemaking and agree thatthe use ofmobile communications devices to make voice calls raises a number ofconcerns. A copy ofyour letter and this response will be placed in the public docket for therulemaking (DOT-OST-2014-0002). Ihave sent a similarresponse to each cosigner ofyour letter. IfI can provide further information or assistance, please feel free to call me. ··,-;.llf £**1Un.siiiH~1h:nt,**

Honorable Anthony Foxx Seaetary Department ofTransportation 

### 1200 Ne'>\. Jersey Avenue 

### SE Washington. DC 

### :20590 Honorabk Jeh Johnson Secretary Department ofHomeland Security Washington. D.C. 20528 Honorable Eric Holder Attorney· General Dcpartmcn! of

### Justicc 950 Pennsylvania**An~nue** 1'\\V \Vashington. DC 20530-2001 Honorable Tom Whcdcr Chairman Federal Communications Commission 445 

### 12th St. S\\. Washington. DC 20554 September 22. 20 1-t

Dear Honorable Fnxx, Juhns1m. Holder, and Wheeler: While continually emerging \Virclcss techm)!ogics bring many· benefits to society. there arc signiticant concerns about the sal'dy. security and cmnliJii implications of potential \'oicc and wireless kdmology use on commercial aircraft. \\\,.·urge you tl> continue the 

### ban on YOice calb on all C1.1111mcrcial uircmft and bdieve that your agencies must also \\'l)rk collaborati\·dy to address safety and security concerns raised by the potential introduction of other wireless capabilities before they arc pcnnitted in-llight. While we support advancements in tcchnnlogy that have provided airline passengers \Vith the ability to conduct business. commtmicate with flunily or choose their own entertainment options. we believe that a multi-agency. comprehensive analysis should he undertaken t\l address any potential risks so as to ensure passengers and crcwmembcr safety. \\'c arc extremely concerned that tht: Federal Communications Commission tFCC) has offered a proposal to allow the use ofwireless communication devices on commercial nights that docs not 

### fully address these safety and security issues. nor docs it scem cuordinatcd with your (lther agencies which ha\;e a role in assessing flight safety issues. At the same time, the Department 

### l.)f Transportation has only st.1ught comments on \vhethcr allowing in-tlight ,·oice calls would beSeptember 22, 20 14 Page 2 

### disruptive and unfair to passengers, for which the agency intends to 1ssue a mlemaking to address the issueby year's end. Passengers making voice calls during flight could impact the ability of crewmembers

- flight attendants and pilots

- to perform theirjobs, keep passengers safe and the cabin environment calm. Arguments in an aircraft cabin already start over mundane issues, like seat selection, reclining seats and overhead bin space, and the volume and pervasiveness of voice communications would only senle to exacerbate and escalate these disputes. The nature of an aircraft cabin would make it impossible for passengers to remove themselves from loud or unwanted conversations and disputes may ensue. Instead offocusing on required safety-related tasks, flight attendants may be forced to intervene in or mediate disputes between passengers on appropriate content and volume of voice calls, thus distracting their attention from other passengers andjob responsibilities. Additionally, when noise and distraction levels rise because oftalkingpassengers, the ability to hear important safety announcements, either from the cockpit or cabin, win beimpaired and crucial information may bemissed. Given these potential dangers, further study is needed to fully assess the safety and security issues that may stern from allowing voice communications on aircraft. · The use of\Vireless communication devices should also be subject to a multi-agency review to inquire upon possible safety or security effects to the aircraft or flight Concerns have been expressed tl1at wireless technologies can cause radio interference, can be used to tamper with avionics or flight controls, or could be used to interfere with other passengers devices. The potential also exists for wireless devices to be used to hide or trigger**on~board** 

### explosives. The lessons of the 9/11 

### terrorist attacks dictated that federal regulators work together to stop vulnerabilities before they can be exploited. \Ve believe it is prudent for your agencies to engage in such a multi-agency review before wireless technologies are more broadly permitted for use on commercial aircraft. Finally, federal regulators must ensure that an Airborne Access System capable of providing broadband access will not cause interference with aircraft operating systems. As access to inflight broadband becomes more common, efforts wiH be made to prov-ide stronger connectivity in order to allow passengers greater access to over-the-top communications and streaming media. While this innovation is laudable, it is not without risk. There are similar concerns about passenger comfort and the potential for disputes, as well as the possibility that enhanced connectivity could be used illicitly to override or interfere with flight control systems. Accordingly, efforts must be made to assess and eliminate the security and safety risks that may arise as broadband equipment is upgraded on commercial nights. The various concerns raised above faH in the jurisdictions of various agencies. We believe it would be shortsighted and potentially harmful for each ofyour agencies to strictly analyze this issue based on specificjurisdictional guidelines, as it 

### appears the FCC and DOT have currently done. By working together, the government can fully assess the comprehensive impact these proposals would have on passengers and crewmembers, as well as the safety and security ofU.S. aviation.SL'ph:mbtT 22. 20! 4**Pag~** 3 ln light**orth~se** serious t:,mccrns. we respectfully urge your departments and agency to continue the han \)!1 voice calls and to work collaborathcly to ensure th:.lt these issues and all other pott.:ntial rami

### ficati(1ns arc 

### fully addressed. Sincerely.

f Congress

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