In a Notice of Proposed Rulemaking filed today with the Federal Register, the Federal Communications Commission voted 3-2 to end the ban on in-flight phone calls, but proposed a rule that would give individual airlines the final decision on whether its passengers can use their cell phones.

“These rule changes would give airlines, subject to applicable Federal Aviation Administration (FAA) and Department of Transportation (DoT) rules, the choice of whether to enable mobile communications services,” the FCC wrote in its filing.

This is yet another step in the continuing and controversial saga over whether passengers should be allowed to use their cell phones during flight. It is a preliminary vote – there will now be a 30-day open comment period that could produce one of the greatest volume of public input the FCC has seen before an official ruling is made.

But the Department of Transportation has vowed to fight any rule that lifts the ban on cell phone usage, and at least three major carriers – Delta, United and JetBlue – have already said they won’t allow in-flight cell phone use.

In a statement, Transportation Secretary Anthony Foxx said “USDOT will now begin a process that will look at the possibility of banning these in-flight calls.”

The FCC ban has been in effect since 1991, when cell phones and electronic devices started to become more prevalent. The fight against their usage now is less about whether the devices will affect airplane navigation, but whether Chatty Cathy in the next seat over will affect the flight experience.

U.S. Sen. Lamar Alexander (R-Tenn.) and Rep. Bill Shuster (R-Pa.), chairman of the House Transportation and Infrastructure Committee, have already introduced bills that would keep the current ban on cell usage in place.