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[Ham-80211] Municipal WiFi Meets Free WiFi

Kris Kirby kris at catonic.net
Fri Aug 26 20:41:38 UTC 2005


On Thu, 25 Aug 2005, Nick Kotch wrote:
> Is a group/company/etc able to keep someone from installing an unlicensed
> radio device on their property?  

Very good question. I'd probably have to say "yes". Modifications to the 
building, etc. Were it portable, that would possibly be a different hair 
split.

> At the university I attend they have a campus wide wireless network that the
> on campus computing group manages and ties into the wired network and
> internet.  On their access page it sounds like any wireless devices have to
> registered with them and that, for example, a student can't just put in an
> access point in their dorm room.  An excerpt from their policy says, 
> 	"...is sole owner of the unlicensed frequencies on campus, to
> prevent 	interference, safeguard University resources, and ensure
> service."

> I guess a group has the right to restrict the actual devices from being used
> on their property but I don't see how they can have any sort of say over the
> actual frequencies. 
> 
> How would say a ham with an AP operating under part 97 be affected in these
> cases?  

Well, you'd want to have all your ducks in a row (OET 65 survey, etc), but 
I would be inclined to believe that since you are uniquely licensed to 
operate that transmitter and determine its ability to safely radiate to 
FCC requirements then you or the FCC are the only ones who by law are the 
ones permitted to restrict it's operation. That being said, it would seem 
that those in your license class are equally capable of administering 
(determining fitness to operate and safety) your station and can cease 
it's operation -- note I said "can", not "may". There's not a precedent 
for legally allowing one ham to turn off another's station, so the 
authority lies with the ham who switched the equipment on and who's 
callsign is programmed or transmitted through the equipment.

I am not a lawyer. Mr. Hollingsworth is, however. It's pretty sad that he 
has to spent so much of his time in his hobby being asked enforcement 
questions. 

--
Kris Kirby <kris at catonic.net>
                       "BIG BROTHER IS WATCHING YOU!"
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                     and the now-permanent PATRIOT Act




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