Can a Landlord Control Your Spectrum? > Doesn't apply to universities

Doesn't apply to universities

"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."

Actually I read it very different!

In addition, questions have arisen about the ability of homeowners associations, landlords, and other third parties to prohibit customer use of small antennas when consumers install and operate them as unlicensed devices.

In response, we reaffirm that, under the Communications Act, 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."

But even if Universities can't legally say not to have Wifi hotspots, they can disconnect your internet for connecting a wifi hotspot to their network.

reply to raccettura
Well I can restrict it in apartments, i enforce it. Esp when it will interfere with video i set up to monitor dumpster and parking lots.

Every law has a loophole in technology.

reply to raccettura
"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."

Ummm...Aren't most universities run by a state government? Aren't Major airports run by state/county governments?

The FCC has consistently ruled against governments that tried to restrict or circumvent the FCC rulings in these matters. The only real difference is that a airport has not been involved.

There MIGHT be a glitch because part 15 gear does not require a license, but I doubt it will be found that a landlord has the power to restrict RF emissions coming from a tenants area because, under the law the tenant has the exclusive right to use and control of the area under his control, such as offices, ticket counters, etc.

The hangup here seems to be that they want their system to be airport wide. I dont see why myself. The most likely users of their free WiFi would be their customers in waiting areas and adjacent lounges.

All they really need to do is set up their system in their areas of the airport for customers waiting, etc.

reply to markopoleo

reply to Fatal Vector

Even so, where this has come up (Dormitories) the Universities are landlords.

calvoiper
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reply to markopoleo

reply to masterpjz9
Correct, but that's a Terms of Service issue, not a spectrum issue. They can cut you off, but they can't force you to remove the hotspot (even if said hotspot connects to nowhere).
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reply to masterpjz9

reply to richk_1957
WRONG its legal for me to block it.

Like all laws...as i said, loopholes abound, here is my loophole that is used ALL over the place by landlords.

The law does not apply if the landlord use includes reporting criminal activity, in my case i use for watching dumpster this is included since I have had previous people caught doing this.

Its not like I just make this stuff up, I don't spend thousands of dollars and not ask a lawyer to figure this out for me.

OK maybe you asked a lawyer, but I went around in circles about this very topic [interference with other services] with the FCC years ago [things might have changed since then] and it came down to this. The only regulation of RF transmission comes from the FCC. And there was a case of local police monitoring their impound yard and getting interfered with. The FCC issued a restraining order against the person transmitting for a period of time & told the police the had that time to shield their system, after which the person transmitting could resume operations.

And I've been told time & again, the only ones who can enforce the FCC laws are federal LEO. Anyone else, including local police [state, county, town] cannot do this - if they do, they are subject to prosecution. I've seen it happen.

This might be different than what your lawyer told you & with the latest laws from the DHS, is probably even more restrictive, but this is the summation of my communication with the FCC.

reply to Fatal Vector
The issue here is not the WiFi signal itself but the data it is carries. The data comes from the University network. This data is not allowed to be associated with unauthorized distribution.

You can have all the WRT54G WiFi routers you want. Just don't plug them into the campus RJ45 jack.
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reply to raccettura
Why is this complicated? The FCC says that a someone, landlord, university, whatever cannot prevent someone from using the 2.4G portion of the spectrum. The university is well within their rights as the network maintainers to demand that no one may connect a wireless access point into their network.

In short if you want to run a hotspot get your own internet access and make sure it is not a violation of the TOS.
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