The nightmare of in-flight phone calls is one step closer to becoming a reality. The Wall Street Journal reports that the FCC has voted 3-2 to end its long-standing ban on airborne calls, which seemingly means that at least one commission member had a change of heart during the voting process since earlier reports questioned whether there would be enough votes to pass the proposal. That’s not the end of the story though — before the FCC had a chance to make its decision, the Department of Transportation announced that it would be seeking to issue its own ban on in-flight calls if the measure were to pass.

Transportation Secretary Anthony Foxx said that although the FCC has the right to decide whether it is possible to safely make a call while on a flight, the DOT will have the final word “to determine if allowing these calls is fair to consumers.” The FCC has reached its decision, but there will be at least one more vote before the matter is settled once and for all.