I 

110TH CONGRESS 

2D SESSION H. R. 5788 

To amend title 49, United States Code, to establish prohibitions against 

voice communications using a mobile communications device on commercial airline flights, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 15, 2008 

Mr. DEFAZIO (for himself, Mr. COSTELLO, Mr. PETRI, Mr. DUNCAN, Mr. 

OBERSTAR, Mr. LIPINSKI, Mr. FILNER, Mr. COHEN, Mr. BOOZMAN, Mr. 

CAPUANO, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL 

To amend title 49, United States Code, to establish prohibitions against voice communications using a mobile communications device on commercial airline flights, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Halting Airplane Noise 

5 to Give Us Peace Act of 2008’’. 


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1 SEC. 2. PROHIBITIONS AGAINST VOICE COMMUNICATIONS 

2 USING MOBILE COMMUNICATIONS DEVICES 

3 ON SCHEDULED FLIGHTS. 

4 (a) IN GENERAL.—Subchapter I of chapter 417 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following: 

7 ‘‘§ 41724. Prohibitions against voice communications 

8 using mobile communications devices on 

9 scheduled flights 

10 ‘‘(a) INTERSTATE AND INTRASTATE AIR TRANSPOR11 TATION.— 

12 ‘‘(1) IN GENERAL.—An individual may not en13 gage in voice communications using a mobile com14 munications device in an aircraft during a flight in 

15 scheduled passenger interstate air transportation or 

16 scheduled passenger intrastate air transportation. 

17 ‘‘(2) FLIGHT CREW AND FLIGHT ATTEND18 ANTS.—The prohibition described in paragraph (1) 

19 shall not apply to a member of the flight crew or 

20 flight attendants on an aircraft. 

21 ‘‘(b) FOREIGN AIR TRANSPORTATION.— 

22 ‘‘(1) IN GENERAL.—The Secretary of Transpor23 tation shall require all air carriers and foreign air 

24 carriers to adopt the prohibition described in sub25 section (a) with respect to the operation of an airVerDate Aug 31 2005 22:19 Apr 17, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5788.IH H5788

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1 craft in scheduled passenger foreign air transpor2 tation. 

3 ‘‘(2) ALTERNATE PROHIBITION.—If a foreign 

4 government objects to the application of paragraph 

5 (1) on the basis that paragraph (1) provides for an 

6 extraterritorial application of the laws of the United 

7 States, the Secretary shall waive the application of 

8 paragraph (1) to a foreign air carrier licensed by 

9 that foreign government at such time as an alter10 native prohibition on voice communications using a 

11 mobile communications device during flight is nego12 tiated by the Secretary with such foreign govern13 ment through bilateral negotiations. 

14 ‘‘(c) DEFINITIONS.—In this section, the following 

15 definitions apply: 

16 ‘‘(1) FLIGHT.—The term ‘flight’ means the pe17 riod beginning when an aircraft takes off and ending 

18 when an aircraft lands. 

19 ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE

20 COMMUNICATIONS DEVICE.— 

21 ‘‘(A) INCLUSIONS.—The term ‘voice com22 munications using a mobile communications de23 vice’ includes voice communications using— 

24 ‘‘(i) a commercial mobile radio service 

25 or other wireless communications device; 


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1 ‘‘(ii) a broadband wireless device or 

2 other wireless device that transmits data 

3 packets using the Internet Protocol or 

4 comparable technical standard; or 

5 ‘‘(iii) a device having voice override 

6 capability. 

7 ‘‘(B) EXCLUSION.—Such term does not in8 clude voice communications using a phone in9 stalled on an aircraft. 

10 ‘‘(d) SAFETY REGULATIONS.—This section shall not 

11 be construed to affect the authority of the Secretary to 

12 impose limitations on voice communications using a mobile 

13 communications device for safety reasons. 

14 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

15 such regulations as are necessary to carry out this sec16 tion.’’. 

17 (b) CLERICAL AMENDMENT.—The analysis for such 

18 subchapter is amended by adding at the end the following: 

‘‘Sec. 41724. Prohibitions against voice communications using mobile communications devices on scheduled flights.’’. 

Æ 


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