[IP] more on Re: University Bans Wireless Access Points
Begin forwarded message:
From: Dan Updegrove <updegrove@xxxxxxxxxxxxxxx>
Date: September 10, 2004 10:58:24 AM EDT
To: dave@xxxxxxxxxx, Ip <ip@xxxxxxxxxxxxxx>
Subject: Re: [IP] more on Re: University Bans Wireless Access Points
Dave,
The Association of College and University Telecommunications
Administrators (ACUTA) has the following pertinent item in its Sept
2004 newsletter relating to an FCC exemption to FCC Over the Air
Reception Devices (OTARD) in college dormitories.
<http://www.acuta.org/relation/downloadfile.cfm?docnum=964>
I believe the case in question is a university-owned apartment, which
may not be covered by this exemption.
Regards,
Dan
From ACUTA Headquarters - Jeri Semer, CAE
ACUTA Executive Director
FCC Clarifies OTARD Rules: College Dorm Exemption Still Applies
=========================================
On June 24, the Federal Communications Commissions Office of
Engineering and Technology (OET) issued a Public Notice (DA 04-1844)
concerning the use of unlicensed devices (such as WiFi access points).
The Public Notice stated that unlicensed devices are subject to the
same consumer protections for the installation and use of consumer
antennas under the FCCs Over-the-Air Reception Devices (OTARD) rules
as, for example, satellite TV dishes. The OTARD rules allow tenants to
install such devices in areas subject to their exclusive use and
control.
ACUTA immediately contacted the OET staff on this matter, due to our
concern about the potentially negative impact of rogue access pointson
campus wireless networks. The FCC had stated in a previous Order that
campus dormitory housing is exempt from the OTARD rules, because it is
not a typical residential lease situation. Through our attorney, we
contacted the OET staff to express our concerns regarding the Public
Notice, and to seek clarification that the exemption for college dorms
was applicable to unlicensed devices.
We are pleased to report the OET staff response that, &the Public
Notice does not change prior Commission interpretations of the extent
to which college dormitories are, or are not, covered for a particular
customer antenna installation.
Thus, colleges and universities may continue to legally prohibit
students residing in campus dormitories from placing unauthorized
antennas for licensed services (such as broadcast or satellite
television) or unlicensed services (such as WiFi).
However, in cases where the institution enters into an actual lease of
residential property (such as student apartments or faculty homes), the
exemption does not apply. In such cases, the resident would have the
right to place antennas within their leased property.
ACUTA continues to carefully watch FCC actions, report on important
developments, and represent your interests. Feel free to contact me at
jsemer@xxxxxxxxx if you have questions about this or other matters.
At 09:34 AM 9/10/2004, David Farber wrote:
Begin forwarded message:
From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Date: September 10, 2004 8:29:18 AM EDT
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Re: University Bans Wireless Access Points
Reply-To: dewayne@xxxxxxxxxxxxx
[Note: This comment comes from a reader of Farber's IP list. I was
attending a conference yesterday and a senior FCC staffer who was
attending the same conference saw this posting to my list. We
discussed the matter and his take was that the university's actions
were inappropriate and he contacted his counterparts at the Commission
to call the matter to their attention. I believe that there current
plan is to contact the officials at the university and explain to get
more facts on the matter and to explain to them the specifics of the
recent clarification from June on this matter. One thing that wasn't
clear in the original posting is that the students are not connected to
the university's network, but are using Net service from a cable
provider. This is an important issue and if I get anymore information
on this item, I will post it to the list. DLH]
-- Dewayne
From: david.e.young@xxxxxxxxxxx
Date: September 10, 2004 4:15:06 AM PDT
To: dewayne@xxxxxxxxxx
Subject: [IP] University Bans Wireless Access Points
Hi Dewayne,
I'm not so sure that this would go to court given that this is the
University's private property. As such, I would think they can pretty
much set the rules as they see fit. They are not so much 'restricting
the student's access to spectrum' but imposing restrictions on student
behavior (students may do this on campus, they may not do that) -
something they do all the time in many ways. The only times that
schools are limited in this regard (that I'm aware of) involve
discrimination (civil rights issues) and to some extent free speech,
although even that may be limited on private property.
Of course, I am not a lawyer, so I my observation may not be worth a
heck of a lot, but there are my two cents.
Best regards,
David
--------------------------------
David E. Young
Director, Internet & Technology Policy
Verizon Communications
1300 I Street NW
Washington, DC 20005
+1 202-515-2425 <Office>
+1 202-365-4755 <Mobile>
+1 202-336-7923 <Fax>
david.e.young@xxxxxxxxxxx
Archives at: <http://Wireless.Com/Dewayne-Net>
Weblog at: <http://weblog.warpspeed.com>
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