more on Re: University Bans Wireless Access Points

[David Farber <dave () farber net>]

Begin forwarded message:

From: Dan Updegrove <updegrove () mail utexas edu>
Date: September 10, 2004 10:58:24 AM EDT
To: dave () farber net, Ip <ip () v2 listbox com>
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 () acuta org 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 () warpspeed com>
 Date: September 10, 2004 8:29:18 AM EDT
 To: Dewayne-Net Technology List <dewayne-net () warpspeed com>
 Subject: [Dewayne-Net] Re: University Bans Wireless Access Points
 Reply-To: dewayne () warpspeed com



 [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 () verizon com
 Date: September 10, 2004 4:15:06 AM PDT
 To: dewayne () dandin com
 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 () verizon com


 Archives at: <http://Wireless.Com/Dewayne-Net>
 Weblog at: <http://weblog.warpspeed.com>

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