TTD December 18, 2014

Transcription

1 TTD December 18, 2014 A bold voice for transportation workers Ms. Kathleen Blank Riether Senior Attorney Office of Aviation Enforcement and Proceedings Office of the Secretary Department of Transportation 1200 New Jersey Ave., SE Washington, DC RE: Advisory Committee for Aviation Consumer Protection Sixth Meeting of Advisory Committee, October 29, 2014 Discussion on Regulating the Use of Mobile Wireless Devices for Voice Calls on Aircraft by DOT DOT-OST Dear Ms. Riether: On behalf of the Transportation Trades Department, AFL-CIO (TTD), I write in regard to an agenda item discussed at the October 29, 2014 meeting of the Advisory Committee for Aviation Consumer Protection: regulating the use of mobile wireless devices for making voice calls on aircraft. By way of background, TTD consists of 32 affiliate unions that represent workers in all modes of transportation, including aviation workers who would be negatively impacted by the introduction of voice calls while in-flight. 1 These workers are represented by the Air Line Pilots Association (ALPA); the Association of Flight Attendants-CW A (AF A-CW A); the International Association of Machinists and Aerospace Workers (JAM); and the Transport Workers Union of America (TWU). TTD and our affiliates strongly oppose efforts to overturn the decades-old policy that prohibits passengers from using mobile wireless devices to make voice calls while in-flight. As thoroughl y explained in our filings to proceedings promulgated by the Federal Communications Commission (FCC) and Department of Transportation (DOT), we believe the introduction of in-flight voice calls pose unnecessary safety issues and security risks to passengers and flight crews, including flight attendants and pilots. 2 Overturning this longstanding policy also creates another unnecessary distraction in an inherently disruptive cabin environment that could create adversarial interactions between passengers. 1 Attached is a complete list of TID's 32 affiliates. 2 Department of Transportation, Office of the Secretary, ANPRM, 'Use of Mobile Wireless Devices for Voice Calls on Aircraft,' Issued February 24, 2014, Docket No. DOT-OST ; and Federal Communications Commission, NPRM, Expanding Access to Mobile Wireless Services On board Aircraft,' Issued January 15, 2014, WT Docket No ; FCC Transportation Trades Department, AFL-CIO th Street NW I 4th Floor / Washington DC Tel: I Fa x: / Edward Wytkind, President / Larry I. Willis, Secretary-Treasurer

2 For these reasons, we disagree with Advisory Committee member Charles Leocha' s statement that voice calls could be permitted after takeoff and before landing, but restricted during other hours of flight. The safety and security concerns we raise in our comments are not mitigated by limiting voice calls to the critical phases of flight, when flight crewmembers routinely communicate important safety announcements to passengers. We also note that a majority of respondents to several public opinion surveys oppose allowing in-flight phone calls due to their potential to cause distractions and negative impacts on the flying experience. 3 Moreover, in September 2014, 77 members of Congress representing districts across the country signed a bipartisan letter urging federal agencies to ban voice calls on commercial aircraft. 4 It is not surprising, therefore, that a significant portion of comments filed in response to DOT's proposal on this issue opposed voice calls during flight. For a fuller explanation of the safety and security concerns caused by the introduction of voice calls, we refer the Advisory Committee to the attached comments filed by TTD to the FCC and DOT proceedings on this issue. Sincerely, Edward Wytkind President 3 (a)portable Electronic Devices Aviation Rulemaking Committee Report to the Federal Aviation Administration, Recommendations on Expanding the Use of Portable Electronic Devices During Flight, September 30, 2013, page {b) See also : Quinnipiac University poll, December 11, 2013, 'Keep Cell Phones Off Planes, American Voters Say 2-1, Quinnipiac University National Poll Finds; More People Spending Less on Holiday Gifts,' (c) See also: Comments submitted by Delta Air Lines, Inc., on October 30, 2012, Page 1. Comments were filed to FAA Notice of Policy, Passenger Use of Portable Electronic Devices on Board Aircraft," Issued August 31, 2012, Docket No. FAA Letter led by Representatives David McKinley and Dan Lipinski sent on September 22, 2014 to DOT, OHS, DOJ, and FCC. The letter calls for a ban on voice calls and for the agencies to work together to fully address potential safety and security concerns before expanding wireless services in-flight. 2

3 Attachment 1 Transportation Trades Department, AFL-CIO Air Line Pilots Association (ALPA) Amalgamated Transit Union (ATU) American Federation of Government Employees (AFGE) American Federation of State, County and Municipal Employees (AFSCME) American Federation of Teachers (AFT) Association of Flight Attendants-CWA (AFA-CWA) American Train Dispatchers Association (ATDA) Brotherhood of Railroad Signalmen (BRS) Communications Workers of America (CWA) International Association of Fire Fighters (laff) International Association of Machinists and Aerospace Workers (lam) International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers (IBB) International Brotherhood of Electrical Workers (IBEW) International Longshoremen's Association (ILA) International Organization of Masters, Mates & Pilots, ILA (MMi&P) International Union of Operating Engineers (luoe) Laborers' International Union of North America (LIUNA) Marine Engineers' Beneficial Association (MEBA) National Air Traffic Controllers Association (NATCA) National Association of Letter Carriers (NALC) National Conference of Firemen and Oilers, SEIU (NCFO, SEIU) National Federation of Public and Private Employees (NFOPAPE) Office and Professional Employees International Union (OPEIU) Professional Aviation Safety Specialists (PASS) Sailors' Union of the Pacific (SUP) Sheet Metal, Air, Rail and Transportation Workers (SMART) SMART-Transportation Division Transportation Communications Union/ 1AM (TCU) Transport Workers Union of America (TWU) UNITE HERE! United Mine Workers of America (UMWA) United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Ind Workers International Union (USW) #>

4 A bold voice for transportation workers Attachment 2 May 16, 2014 Ms. Amanda Huetinck Mobility Division, Wireless Telecommunications Bureau Federal Communications Commission "^ STNW Washington, DC RE: Expanding Access to Mobile Wireless Services Onboard Aircraft WT Docket No. No ; FCC Notice of Proposed Rulemaking Federal Communications Commission Dear Ms. Huetinck: On behalf of the Transportation Trades Department, AFL-CIO (TTD), 1 write i Notice of Proposed Rulemaking (NPRM) issued by the Federal Communications (FCC) that would change its longstanding rules that currently ban passenge communication services while in-flight. By way of background, TTD consist unions that represent workers in all modes of transportation, including t aviation sector who would be directly impacted by this rulemaking. Severa have also submitted comments into the docket, specifically, the Air Lin (ALPA); the Association of Flight Attendants-CWA (AFA-CWA); the Internation of Machinists and Aerospace Workers (1AM); and the Transport Workers Unio (TWU). TTD opposes the FCC NPRM which seeks to issue new rules to provide airl applicable Federal Aviation Administration (FAA) and Department of Transp rules, the choice of whether to enable mobile communications services using System, and if so, which specific services to enable. As TTD stated in the the FAA's ANPRM addressing the potential implications of this FCC rulemak allowing passengers access to mobile communication services while in-fl needless safety issues and security risks.' Overturning the two-decades- 1 FAA ANPRM on the Use of Mobile Wireless Devices for Voice Calls on Aircraft, Docket No. D comments filed on March 26, Transportation Trades Department, AFL-CIO th Street NW /4th Floor /Washington DC Tel: / Fax: / Edward Wytkind, President /Larry I. Willis, Secretary-Treasurer

5 passengers to talk on their phones, increasing cabin noise levels and maki attendants and pilots to communicate routine and emergency safety announcem It could also provide terrorists with new opportunities to inflict harm on making it easier to launch a coordinated attack by communicating in real ti aboard the same or multiple aircrafts. We believe that this rulemaking, if detrimental to the safety of our aviation system, and we urge the FCC to wi TTD agrees with the significant security concerns raised by AFA-CWA, 1AM, in their joint filing. Their comments highlight several new capabilities cre that terrorists could exploit to improve their chances of successfully carr aviation system. As the commenters note, our nation's aviation system r terrorists, and we must do what we can to continue ensuring the safety and while rejecting policies that would move in the opposite direction. Additionally, we agree with the concerns raised by ALPA, which also request the NPRM. As ALPA notes, allowing passengers to talk on their phones whil create adversarial interactions between passengers and crewmembers, possi safety of others in the aircraft cabin. We also agree with their concer passengers to use cell phones for nefarious use that would jeopardize the s For the reasons noted above and the safety and security concerns articulat urge the FCC to reconsider the implications of its rulemaking and withdraw Sincerely, Ldward Wjdkind President

6 March 26,2014,w «* A bold voice for transportation Attachment 3 workers Ms. Laura L. Jennings Senior Trial Attorney U.S. Department of Transportation 1200 New Jersey Ave SL Washington, DC RE: Use of Mobile Wireless Devices for Voice Calls on Aircraft Advanced Notice of Proposed Rulemaking Docket No. DOT-OST RIN 2105-AE30 Office of the Secretary, DOT Dear Ms. Jennings: On behalf of the Transportation Trades Department, AFL-CIO (TTD) 1 write in Department of Transportation's (DOT) Advanced Notice of Proposed Rulemaking (A information on the effects and implications of prohibiting passengers from u make voice calls while onboard a flight traveling within, to or from the Uni background, TTD consists of 32 affiliated unions that represent workers in all including several with aviation members who would be directly impacted by this Drawing on its aviation consumer protection authority, the DOT seeks comment in-flight phone calls would be an "unfair practice to consumers, pursuant to 4 be so disruptive as to be inconsistent with adequate air transportation, purs We believe that DOT has ample statutory authority to ban voice calls on comme the reasons cited in these comments, the policy justification to do so as well to promulgate a rule that bans in-flight voice calls and ask the agency to concerns expressed in these comments as it develops this rulemaking. As indicated above, TTD unions represent flight attendants, pilots and other fr who depend on a safe and efficient air transportation system. We bring their flight attendants and pilots that work onboard an aircraft, to the debate ove this perspective, we believe that allowing passengers to talk on their phones inherently disruptive to the cabin environment and would create needless safe difficult if not impossible to resolve. ^ Attached is a complete list of TTD affiliate unions. ^ Department of Transportation, Office of the Secretary, ANPRM, 'Use of Mobile Wireless Dev Aircraft,' Issued February 24, 2014, Docket No. DOT-OST , page Transportation Trades Department, AFL-CIO th Street NW /4th Floor /Washington DC Tel: / Fax: / Edward Wytkind, President /Larry I. Willis, Secretary-Treasurer

7 Undoubtedly phone call use would increase cabin noise levels, making it dif attendants and pilots to communicate safety announcements to passengers. In specifically, passengers distracted by phone conversations, both of their own passengers, may miss important directions and instructions. An aircraft cabin potential distractions and other challenges to ensure effective crew-to-passe makes little sense to create yet another barrier that flight attendants must o responsibilities. The ANPRM cites that before expanding passenger use of personal electronic carriers would need to revise their policies and "institute mitigation strateg to crewmember safety briefings and announcements and potential passenger con with this need, but there is no analysis measuring the success of the strate these problems. As the lone crewmembers physically present in the aircraft cabin, flight at responsible for policing passenger calls and responding to disagreements tha Mediating disputes between passengers when the volume or content of a call be create yet another distraction that must be navigated by flight attendants whi duties. Moreover, current polls and surveys of public opinion indicate a majority possibility of allowing in-flight phone calls. As reported by the Portable Ele Rulemaking Committee, 61% of passengers oppose in-flight cell phone calls " potential distractions it could cause for other passengers.'"' Similarly, a Quinnipiac University in December 2013 found that 59 percent of Americans opp phones on planes.^ And, even some airlines have announced they will continu passengers from talking on their phones due to customer preference, including stated that 64% of its customers feel making phone calls would have a "negative experience."^ These results indicate that the majority of passengers on a give if others are talking on their phones. As DOT notes in its ANPRM, an unfair under 49 USC can be an act that is harmful to passengers but could not Clearly, cell phone use onboard an aircraft would fall into that category. No be unable to avoid the distractions or annoyances that wide-spread voice c present, but their only outlet to vent their frustrations would be to flight a " Portable Electronic Devices Aviation Rulemaking Committee Report to the Federal Aviation Recommendations on Expanding the Use of Portable Electronic Devices During Flight, Septembe ' Quinnipiac University poll, December 11, 2013, 'Keep Cell Phones Off Planes, American Vot University National Poll Finds; More People Spending Less on Holiday Gifts,' ^ Comments submitted by Delta Air Lines, Inc., on October 30, 2012, Page 1. Comments were f Policy, Passenger Use of Portable Electronic Devices on Board Aircraft," Issued August 31, S2.

8 The DOT seeks comments on potential mitigation measures, such as whether a phy be built to create quiet and talking zones. Regardless of whether this is eve the issue: those talking on their phones would still miss safety information a still be distracted from their regular duties, being forced to make sure that designated area. Additionally, if an emergency occurred, a physical barri impediment to evacuation, disseminating information or tending to passenger n Based on these concerns alone, we believe that DOT has the authority and oblig calls onboard flights traveling within, to or from the United States as inco transportation pursuant to Section and as counter to the protection of Section We note that Section 41702, in addition to requiring "adequat requires DOT to ensure air carriers provide "safe" transportation. As noted calls in the aircraft cabin would make it more difficult for crew members to responsibilities. While we understand that the ANPRM is not seeking comment o of voice communications that falls under the authority of the Federal Aviati issues raised in these comments are also safety issues that must be consid authority in Section The use of cell phones while in-flight also may pose unintended security ris single or multiple aircrafts could use the new capability to communicate with about the movement or vulnerability of crewmembers or to more easily launch a While outside of its jurisdiction, DOT should work with the Department of Ho analyze any and all security issues the practice would create. We appreciate the opportunity to provide comments, and we hope the DOT consideration. will ta Sincerely, Edward Wytkind President