Memorandum 

U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

Subject: Notice of Communication: 

(Docket: DOT-OST-2014-0002) 

Date: July 30, 2014 

From: Blane A Workie, 

To: 

Acting Assistant General Counsel 

Office of Aviation Enforcement and Proceedings 

Cheryl Collins .• ,,,I• 

Dockets Manager, Docket Operation '-;:;•' 

Please place this memorandum in the appropriate file and in the Docket. 

Participants 

• Kevin Rogers, CEO, AeroMobile 

• Ann-Marie Mullan, Head of Legal and Regulatory, AeroMobile 

• Carlos Naida, Attorney, Squire Patton Boggs 

• Jessica Elder, Associate, LMI Advisors 

• Blane W orkie, Acting Assistant General Counsel, Aviation Enforcement and Proceedings 

• Jonathan Dols, Deputy Assistant General Counsel, Aviation Enforcement and 

Proceedings 

• Laura Jennings, Senior Attorney, Aviation Enforcement and Proceedings 

Summary of Meeting 

On July 9, 2014, representatives of AeroMobile, aUK-based telecommunications service 

provider that offers mobile connectivity (voice, data, and text service) to foreign airlines, met 

with staffmembers from the Department's Office of Aviation Enforcement and Proceedings to 

share its experience as a mobile service provider to foreign air carriers and its views of the 

Department's recent advance notice of proposed rulemaking. 

AeroMobile stated that it installs equipment on aircraft that enable airline passengers to use their 

own mobile phones for voice, texting and mobile data while in-flight. It explained that this 

equipment includes a crew control panel that the crew can use to enable or disable particular 

types of service (e.g., voice). AeroMobile indicated that almost all of its airline clients have 

selected to permit the use of mobile phones for voice, texting and data while in-flight. 

AeroMobile emphasized that in its experience with airline customers over many years of 
operation that it was not aware of any dissatisfaction or complaints regarding mobile 

connectivity, including use of mobile wireless devices for voice communications. 

AeroMobile stated that the U.S. is the only jurisdiction in the world to consider proposing a ban 

on voice communications. Regarding usage of its services, Aero Mobile estimated that 80% of 

usage is for text/data services and 20% of usage is for voice calls. On average, AeroMobile 

stated that voice calls last no longer than two minutes. Also, AeroMobile stated that the 

technology prohibits numerous simultaneous calls-possibly only 8 to 15 calls may be made at 

one time. 

With respect to cost to passengers for voice communications on aircraft, AeroMobile stated that 

the rates that would apply for international travel would be less than those that apply to seat-back 

phones; however, it would still be considerable as international roaming rates apply to those 

services. AeroMobile seemed less certain about the rates that would apply for domestic 

transportation. 

AeroMobile also raised jurisdictional questions. Regarding flights to and from the United States, 

AeroMobile asked whether the Department intended the restriction on voice calls to extend to the 

entire duration of a flight or only within U.S. airspace. AeroMobile noted that foreign air carriers 

are currently permitted to allow their passengers to use mobile wireless devices for voice calls on 

flights to and from the U.S. except for when the aircraft is in U.S. airspace. AeroMobile 

suggested that the Department consider treating international flights differently from domestic 

flights. 

As a follow up to this meeting, on July 29, 2014, AeroMobile submitted the attached document. 

Attachment 
SQUIREC' 

PATTON BOGGS 

July 29, 2014 

VIA EMAIL 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Squire Patton Boggs (US) LLP 

1200 19th Street, NW 

Suite 300 

Washington, D.C. 20036 

0 +1 202 626 6600 

F +1 202 626 6780 

squirepattonboggs.com 

Carlos M. Naida 

T +1 202 626 6659 

Carlos.Nalda@squirepb.com 

Re: Use of Mobile Wireless Devices for Voice Calls on Aircraft 

Docket No. DOT-OST-2014-002, RIN No. 2105-AE30 

To Whom It May Concern: 

AeroMobile Communications Limited ("AeroMobile") respectfully submits this information 

in the record of the above-captioned proceeding in connection with a recent meeting with the 

Department of Transportation ("DoT") staff. On July 9, 2014, Kevin Rogers, CEO of 

AeroMobile, Ann-Marie Mullan, Head of Legal and Regulatory for AeroMobile, Jessica Elder of 

LMI Advisors, regulatory consultant to AeroMobile, and the undersigned counsel to AeroMobile 

met with Blane Workie, Deputy Assistant General Counsel, Office of Aviation Enforcement and 

Proceedings, Office of the Secretary, Laura Jennings, Senior Attorney, Aviation Enforcement 

and Proceedings, Office of the General Counsel, and Jonathan Dols, Deputy Assistant General 

Counsel, Office of the General Counsel, Aviation Enforcement. 

During the meeting, AeroMobile underscored the importance of allowing airlines the 

opportunity to choose which in-flight mobile connectivity ("'MC") applications, including voice 

service, to offer to passengers on long-haul international flights. AeroMobile also highlighted 

the following issues to supplement the record in this proceeding. 

1. Passenger Utilization Statistics 

AeroMobile's IMC solution currently operates on a number of commercial aircraft 

throughout Europe, Asia, Africa, the Middle East, Oceania, and the Americas. IMC systems 

provide an alternative to Wi-Fi connectivity and provide passengers with a convenient and 

familiar way to use their mobile devices for text, data and voice applications, just as if they were 

roaming internationally. 

44 Offices in 21 Countries 

Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate 

legal entities. 

Please visit squirepattonboggs.com for more information. 
Squire Patton Boggs (US) LLP July 29, 2014 

Although some of AeroMobile's customer airlines have chosen not to enable voice 

based on their own assessment of passengers' needs, most of AeroMobile's customers have 

implemented the full range of IMC applications. AeroMobile has never received a report of 

passenger discomfort or airline disruption with respect to any of its IMC offerings, including 

voice. Indeed, a Federal Aviation Administration ("FAA") study of cell phone use on foreign 

airlines confirmed that there have been no adverse impacts of voice service on international 

flights. 1 

With respect to IMC utilization, AeroMobile reviewed the usage of nearly 450,000 

passengers on four customer airlines serving long-haul routes between April1, 2014 and July 

15, 2014. As indicated in the attached report, fifty-three percent of total connected passengers 

use AeroMobile's IMC system for data applications, thirty-nine percent use the system for SMS 

text and only six percent of users place or receive voice calls. These calls are very limited, with 

only a small number of calls per flight (typically on day flights; e.g., westbound from Europe to 

the United States) lasting an average of just over three minutes. 

U.S. passengers on foreign airlines (i.e., passengers based in the U.S. and served by 

U.S. wireless carriers) have demonstrated a greater interest in remaining connected than 

passengers from other countries. U.S. travelers use their mobile devices for text and data 

applications considerably more than foreign passengers, but they are less likely to use their 

mobile device for voice calls. AeroMobile's data reveals: (i) U.S. passengers represent eight 

percent of all IMC users in this sample and nearly 30 percent of the IMC users on one airline; (ii) 

U.S. passengers prefer quiet data applications, using nearly twice the amount of data and 

sending fifty percent more texts as foreign passengers; and (ii) U.S. passengers place and 

receive fewer calls than foreign passengers, although their calls tend to last a minute and a half 

longer than other users' calls. These data indicate a strong demand for IMC from U.S. 

travelers, as well as greater selectivity with respect to the use of voice on board aircraft in flight. 

However, foreign airlines currently suspend IMC offerings in U.S. airspace due to 

uncertain U.S. rules and policies governing IMC operations. AeroMobile systems operate on 

approximately 40-50 long-haul international flights arriving in or departing from the United States 

daily, which is a small fraction of total U.S. commercial flight traffic. Thus, U.S. consumers with 

a demonstrated desire for IMC are deprived of connectivity for a significant period and during 

the most important phases of flight --just after taking and just prior to landing. 

2. IMC Business Model 

Under existing business models, passenger use of IMC applications is akin to roaming in 

a foreign country- in this case, roaming onto an international flight served by a global IMC 

provider. 2 Indeed, existing IMC equipment onboard the aircraft is designed to work only with 

1 Study of the Use of Cell Phones Onboard Aircraft, Docket No. FM-2012-0957, Notice of 

Availability and Request for Comments, 77 FR 54651 (rei. Sept. 5, 2012); Study of the Use of 

Cell Phones Onboard Passenger Aircraft, DOT/FAA/AR-12/30 (rei. July 2012) ("Cell Phone 

Study"). 

2 IMC providers have their own country codes so that users can be connected to the same 

network regardless of the aircraft's location in the world. 

2 
Squire Patton Boggs (US) LLP July 29, 2014 

international capable, GSM-based mobile devices rather than the full range of U.S. domestic 

cell phones. 3 U.S. passengers that do not have international phones with international roaming 

activated are unable to access the IMC network for any connectivity application, including voice. 

AeroMobile's IMC system connects passengers' mobile devices to an off-board 

communications link, currently provided only by satellite. 4 Satellite communications can be 

more expensive than terrestrial-based alternatives, which affects the user's cost of using IMC 

applications on international flights. This backhaul cost is reflected in the pricing of voice calls, 

which are typically set at international roaming levels (several dollars per minute, established by 

the passenger's home wireless carrier). This pricing serves to limit voice usage and 

encourages passengers to use data and text applications. 

The cost and pricing structure for IMC applications on U.S. domestic flights could be 

very different than on long-haul international flights. For example, using a terrestrial air-ground 

backhaul link could provide a lower-cost alternative to carry traffic to the terrestrial network, 

reducing the cost of voice calls and other IMC applications on domestic flights. 5 Furthermore, 

while U.S. consumers may expect to use their existing mobile plans on domestic flights, there is 

no such expectation in the context of international travel where consumers are accustomed to 

international roaming charges and associated requirements. 

Given the international roaming model, including pricing and other requirements for 

passenger access to existing IMC offerings, it is reasonable for the DoT to treat voice on longhaul international flights different than it may treat voice on U.S. domestic flights. Moreover, the 

FAA's Cell Phone Study confirms that no DoT action is required with respect to voice services 

on long haul international flights. The Cell Phone Study's finding of no adverse impact of voice 

availability would apply equally to international flights of U.S. and foreign airlines. 

3. Voice Implementation and Jurisdictional Issues 

No foreign administration has considered banning voice applications when authorizing 

IMC systems to operate in their airspace. Instead, foreign administrations have allowed airlines 

to choose whether to install IMC systems and whether to offer voice on IMC-equipped aircraft. 

Like other regulatory authorities around the world, the DoT should preserve airline choice and 

decline to adopt an absolute a priori ban on in-flight mobile voice calls. 

If the Department proposes to limit voice on IMC systems, any restrictions should seek 

to alleviate actual harms and be narrowly tailored to address those harms. Moreover, such 

restrictions should not place U.S. airlines at a competitive disadvantage relative to their foreign 

competitors. As noted above, the FAA's Cell Phone Study found no adverse impacts of voice 

3 Next-generation IMC equipment will have frequencies and air interfaces to enable 

more users, including U.S. consumers, to access the offering. 

4 International flights must rely on satellite links for off-board communications because 

IMC-equipped aircraft fly over oceans, where other technologies are unavailable. 

5 Significantly lower costs would be essential for U.S. domestic passengers to use IMC 

with their existing "all you can eat" data or "unlimited calling" voice plans. 

3 
Squire Patton Boggs (US) LLP July 29, 2014 

availability on long-haul international flights, so international flights should be excluded from any 

potential DoT voice regulation. 

Lastly, foreign airlines should be excluded expressly from the scope of any contemplated 

restrictions on IMC voice applications. AeroMobile respectfully submits that the DoT lacks 

jurisdiction to "reach into" a foreign aircraft cabin to restrict an amenity offered to passengers 

on board a foreign airline, even if the aircraft is temporarily present in U.S. airspace. Numerous 

treaties that impact international aviation, including the Chicago Convention and Tokyo 

Convention, establish the jurisdiction of an aircraft's registering nation over activities that take 

place within the cabin of its registered aircraft. A voice ban impose by the DoT may not only 

overstep international jurisdictional bounds, but also may invite foreign nations to impose 

restrictions on activities, services and even content available within the cabin of U.S. airlines 

traversing their airspace. The DoT should refrain from any action that may place U.S. airlines at 

such risk. 

4. Legal Basis for DoT Action 

In the Advanced Notice of Proposed Rulemaking ("ANPRM"), the DoT requested 

comment on whether permitting the use of mobile devices for voice calls on aircraft would 

constitute an "unfair practice" to consumers pursuant to 49 U.S.C. § 41712 or would be so 

disruptive as to be inconsistent with adequate air transportation pursuant to 49 U.S.C. § 41702. 

As discussed in AeroMobile's comments in this proceeding, neither provision should apply 

because there is no basis to conclude that in-flight mobile voice service is an unfair or deceptive 

practice, or would be so disruptive as to be inconsistent with adequate air transportation. 

To the extent that the DoT relies on either of these statutory provisions to adopt 

restrictions on in-flight voice service, it is important to recognize that these provisions have 

different scope. Section 41712's prohibition on unfair practices applies to both domestic and 

international flights, whereas Section 41702 provision governing adequate air transportation 

applies to domestic flights only. Thus, if DoT concludes that the availability of voice service is 

inconsistent with adequate air transportation under Section 41702, then the restrictions can 

apply only to U.S. domestic flights. 

AeroMobile submits that the DoT cannot conclude that in-flight voice service is unfair 

practice from a consumer protection standpoint under Section 41712, particularly with respect to 

long-haul international flights where the FAA's Cell Phone Study have confirmed no adverse 

impacts from voice availability. Moreover, it would not appear possible for DoT to limit such a 

finding to U.S. airspace because an aircraft's presence within or outside U.S. airspace would 

not change the nature of a voice offering. Thus, a positive finding under Section 41712 may 

require DoT to impose a voice restriction outside U.S. airspace, which has its own jurisdictional 

challenges. 

In contrast, although there is limited information in the record (all of which suggests 

voice restrictions are unnecessary), any finding under Section 41702 necessarily would be 

limited to U.S. domestic flights only. Indeed, the statute would require the DoT to treat domestic 

and international flights differently. Thus, voice restrictions can be applied to domestic flightsif designed to alleviate actual harms and be narrowly tailored to address those harms -without 

affecting the availability of voice service on long-haul international flights. 

4 
Squire Patton Boggs (US) LLP July 29, 2014 

* * * * 

AeroMobile hopes that this information will assist DoT in appropriately tailoring the scope 

of any proposed in-flight voice restrictions, to the extent it decides to move forward with this 

proceeding. In the meantime, please do not hesitate to contact the undersigned with any 

questions regarding the foregoing. 

Cc: Blane Workie 

Laura Jennings 

Jonathan Dols 

Sincerely, 

Carlos M. Naida 

5 
Squire Patton Boggs (US) LLP July 29, 2014 

Appendix- Passenger Usage Statistics 

SUMMARY 

This report is based on activities from the 1st April to the 15th of July 2014 

In total, there were 446,629 customers connected to the Aero Mobile network, across the 4 sample airlines. Eight per cent (8%) of the total 

connected passengers (37,579) were US subscribers. 

By airline, this broke down to: 

Number of Number of US %US 

Airline Customers Customers Customers 

A 31,534 9,247 29% 

B 278,652 9,736 3% 

c 56,832 10,524 19% 

D 79,611 8,072 10% 

Of these, the percentage of customers who used each individual service were: 

All Customers US Customers 

Data 53% 52% 

SMS 39% 34% 

Calls 6% 5% 

NB: two of the airlines did not allow voice calls on their aircraft 

A similar proportion of US subscribers to all customers used each service. Only a small proportion of customers make voice calls. 

Of the customers who used each individual service, the average call length, data volume or SMS sent was: 

All Customers US Customers 

Data 0.65Mb 1.18Mb 

SMS 1.64 2.45 

Calls 3.29 mins 5.03 mins 

Report 

All Customers 

% of customers Average Data (Mb) 

US Customers 

6