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(CNN) The Federal Communications Commission voted 3-2 Thursday to consider lifting the ban on in-flight cellphone use.

Meanwhile, the federal Department of Transportation is taking steps to block calls on plane.

Secretary of Transportation Michael Foxx said in a statement to CNN that he is looking into the possibility of banning in-flight calls, citing its aviation consumer protection authority. The DOT will determine whether allowing calls is “fair to consumers.”

Many people consider the idea of cell phone conversations annoying in the close confines of a plane, and some are casting it as a consumer rights issue.

“Over the past few weeks, we have heard of concerns raised by airlines, travelers, flight attendants, members of Congress and others who are all troubled over the idea of passengers talking on cell phones in flight – and I am concerned about this possibility, as well,” Foxx said.

The action comes as the FCC voted to consider lifting its decades-old ban on cell phones on aircraft.

Are the two government entities working at cross purposes? Perhaps. But each cites its individual and independent mandates.

The FCC has banned in-flight calls for technical reasons. But new technology has made that ban obsolete, the commission says, and there’s no reason to continue it.

The DOT, which includes the Federal Aviation Administration, is entrusted with safe air travel, but also with protecting the rights of air travelers.

The FCC has been pelted with criticism in the last several weeks after the commission’s new chairman made the announcement.

“I’m the last person in the world who wants to listen to someone talking to me while I fly across the country,” FCC Chairman Tom Wheeler — who proposed the change — told a congressional panel Thursday. “But we are the technical agency, and we will make the rules for the way the new technology works.”

Before Wheeler introduced the proposal Thursday afternoon, it was expected to pass.

A Quinnipiac University poll released Wednesday indicates most Americans want silence when they fly, with 59% saying they don’t want the use of cell phones on airplanes and only 30% saying they are in favor of lifting the ban. A mute button is also a strong option among those polled.

Even a majority of tech-reliant younger respondents, ages 18 to 29, are against using phones on planes — 52% opposed to 39% in favor.

Meanwhile, Rep. Bill Shuster, R-Pennsylvania, has introduced a bill that would prohibit in-flight voice communications but allow text messaging. Shuster told CNN that crying babies and snoozing adults cause enough commotion on flights, and cell phone calls will only make matters worse.

“Tap, don’t talk,” Shuster said.