The Boston Globe reports that the FCC unanimously sided with Continental Airlines to offer free WiFi in its Terminal C lounge at Boston’s Logan Airport. Massachusetts Port Authority (Massport), which runs the airport, ordered Continental to shut off their free WiFi service.
Airport officials wanted consumers to use the airport’s own $8-a-day Wi-Fi service. Massport had no authority to do that, said the Federal Communications Commission in their unanimous ruling (pdf).
“Today we strike a victory for the WiFi revolution in the cradle of the American Revolution,” FCC commissioner Jonathan S. Adelstein said in a prepared statement. Evoking more Revolutionary War symbols, he added: “The WiFi movement embodies the spirit of American freedom, and in our action we say ‘Don’t tread on me.’ ” The FCC rejected Massport’s claims that letting airlines provide WiFi service in their lounges could jam airline and public-safety radio systems.
Commissioner Michael J. Copps , in a separate statement, said: “The record is clear — in fact, uncontested — that allowing multiple WiFi operators in the airport will cause no interference to the safety-of-life communications that the airport authority conducts on its dedicated, separate, and licensed public safety channels.”
“We are disappointed in the ruling,” Massport spokeswoman Danny Levy said, “but [are] reviewing it carefully and weighing our options moving forward.” Levy had no further comment.
In its 25-page ruling, the FCC shredded all of Massport’s legal arguments for why it should be able to regulate WiFi, which uses the same kind of unlicensed airwaves as cordless phones and baby monitors. The FCC faulted Massport for “erroneous characterizations” of fundamental federal rules and said “Massport misreads . . . and misconstrues the applicable regulatory framework.”
A Continental spokesman, Dave Messing, called the ruling “a resounding victory to the airline and to consumers.” T-Mobile was also ordered to remove its WiFi gear from the American lounge, but Continental has been able to keep its Logan WiFi service during the appeal.
The unanimous ruling may set a precident for landlords and managers of housing such as college dorms. Some dorms have banned students from installing their own access points due to interference and other practical matters.
Massport argued, among other things, that Continental’s Wi-Fi system is prohibited in its lease. Continental disagreed, arguing lease provisions could not be enforced because of FCC rules concerning OTARD (Over-The-Air Reception Devices). Those rules are an outgrowth of the 1996 telecom act, and were originally aimed at video transmissions before being expanded to cover fixed wireless signals in 2000.
“The commission has authorized a wide variety of consumer products for this frequency band, including Bluetooth devices, ad hoc wireless local area network devices, RFID devices, cordless telephones, etc. All of these devices operate under the conditions that they many not cause harmful interference and must accept any interference received, including interference from other unlicensed devices,” stated the FCC (pdf).
The commission said OTARD’s safety exception addresses potential dangers to the physical safety and health of the public, not interference to other wireless communications.
Portland International Airport offers free Wi-Fi, enabling airport visitors to stay connected to their home or office. It seems inevitable that trend will continue, perhaps starting with free “islands”. By 2008, 60% of airlines should be ‘wired’ says Airline IT Trends. In the air.
WiFiNetNews and RCR News have additional details.
