Subject: [NEXTEL-1] FCC - Airports Hit Brick Wall in Regulating Unlicensed Radio

From: NEXTEL-1
Date: Sun, 27 Jun 2004 13:37:18 -0400

-------- Original Message --------
From: Anthony Townsend <[email-masked]>
Subject: FCC - Airports Hit Brick Wall in Regulating Unlicensed Radio

Airports Hit Brick Wall in Regulating Unlicensed Radio

The FCC says landlords, associations can’t regulate Part 15 use: The 
FCC’s Office of Engineering and Technology says that the function of 
regulating and coordinating frequency use is reserved to the FCC 
itself. It’s a clear refutation of mall owners, airports, and 
condominium associations to limit use of Wi-Fi and other wireless 
technologies. (Document as Word, PDF, Text.)
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1844A1.pdf

The report says in part, the FCC has exclusive authority to resolve 
matters involving radio frequency interference [RFI] when unlicensed 
devices are being used, regardless of venue. We also affirm that the 
rights that consumers have under our rules to install and operate 
customer antennas one meter or less in size apply to the operation of 
unlicensed equipment, such as Wi-Fi access points - just as they do to 
the use of equipment in connection with fixed wireless services 
licensed by the FCC.

And it’s hard to put their conclusion any better than they themselves: 
The rules prohibit homeowner associations, landlords, state and local 
governments, or any other third parties from placing restrictions that 
impair a customer antenna user’s ability to install, maintain, or use 
such customer antennas transmitting and/or receiving commercial 
nonbroadcast communications signals when the antenna is located “on 
property within the exclusive use or control” of the user where the 
user has a “direct or indirect ownership or leasehold interest in the 
property, except under certain exceptions for safety and historic 
preservation.”

Dewayne Hendricks notes in his post of this order that airports’ only 
recourse now is to
  appeal this decision to the entire Commission. In other words, 
airlines, start your (Wi-Fi) engines. [link via Dewayne Hendricks]
Posted by Glenn Fleishman at June 25, 2004 08:26 AM | TrackBack

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From: Rick Parrish <[email-masked]>
Date: Sun, 27 Jun 2004 14:24:13 -0500

NEXTEL-1 wrote:

>recourse now is to appeal this decision to the entire Commission. In other words, airlines, start your (Wi-Fi) engines.
>
Yes!

-rick

 
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