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[Ham-80211] Municipal WiFi Meets Free WiFi

David Young dyoung at pobox.com
Sun Aug 28 21:12:23 UTC 2005

On Sun, Aug 28, 2005 at 10:10:02AM -1000, RussellHltn wrote:
> Response to multiple messages:
> Standard disclaimers apply:  I'm not a lawyer, I don't play one on TV, but
> doesn't mean I haven't learned a few things.
> >>> Is a group/company/etc able to keep someone from installing an
> unlicensed
> radio device on their property?  <<<
> I'd give it a qualified yes.  To the extent that something in the
> lease/rules/Terms of service/whatever gives them an angle to regulate it.
> Property owners do have considerable control over what is done on their
> properties.  I'm a bit surprised that this disagreement has gotten this far.
> I'm wondering what all the factors are.  Because if it is landlord/tenet,
> all the Part Authority would have to do is say "just wait until it comes
> time to renegotiate the lease".  I'm really surprised that Continental is
> willing to push this issue this hard unless they have some sort of clout
> over the Port Authority ("we no longer need this airport as a hub.  Enjoy
> your empty buildings.")

I believe the law is on Continental's side.  The FCC has asserted its
sole authority to regulate RFI issues; it is not the right of landlords.
Harold Feld, a lawyer for the Media Access Project, discusses the issue
on his blog, <http://www.wetmachine.com/item/331>.


David Young             OJC Technologies
dyoung at ojctech.com      Urbana, IL * (217) 278-3933

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