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FCC: Only We Can Regulate Unlicensed Spectrum

rfc1394 writes "In an article in ComputerWeekly, it was announced that the FCC has ruled that it has final jurisdiction over unlicensed wireless space, meaning that an airport authority can't force airlines to (pay to) use its wireless network and they may set up and use their own. This bodes well for the development of wireless networks in various areas as it means that you have the right to set up your own network even if your landlord would want you to use theirs."

26 of 259 comments (clear)

  1. A Most Excellent decision by HotNeedleOfInquiry · · Score: 5, Insightful

    I remember being outraged at the petty officialdom thinking that they somehow had exclusive control of the radiowaves around their airport. This is indeed a *Good Thing* and should serve as a reminder to other local fifedoms.

    --
    "Eve of Destruction", it's not just for old hippies anymore...
    1. Re:A Most Excellent decision by shadowbearer · · Score: 2, Insightful

      That's a good point. With the potential overlap of private/semi-private Wifi nodes, how would the RIAA be able to determine the who, what and where of illegal filesharing? The monitoring costs are going to be boosted by another order of magnitude, at least, and right now they can't even accurately identify who's doing what on the public networks, even with what they're paying outside companies to do.

      I may be talking out of my ass, but it makes sense to me that massively cheap and widespread Wifi is going to introduce even more major difficulties in fighting copyright violation. Other than successfully lobbying the FCC (which this decision essentially IIUC correctly has torpedoed) what can they do about it?

      Want to share files? Jump in the van and go wardriving. Oh, wait...

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
    2. Re:A Most Excellent decision by LostCluster · · Score: 3, Insightful

      That's where the "allowed to physically possess" part comes in. Your employer can ban all such devices from the premises on the grounds of security. However, they can't tell Verizon, Cingular, T-Mobile, and company not to paint their workplace with signal, and they can't put up jamming devices to block signals either.

  2. I do appreciate your optimism... by PinchDuck · · Score: 3, Insightful

    but your landlord can just put the "must use the landlord's wireless network" clause in your lease. You sign away many, many rights when you sign a lease already, this would just be one more.

    1. Re:I do appreciate your optimism... by mindstrm · · Score: 2, Insightful

      Again, the point of this ruling is that ONLY THE FCC CAN REGULATE SPECTRUM USE.

      In other words.. if anyone else does it, it's invalid.

      Your landlord could make you sign a contract banning the presence of wifi equipment befor ehe rents you the house, however
      if he permits you to have such equipment in the house, he CANNOT regulate your use if ot.

  3. What doesn't the FCC have jurisdiction over? by bobhagopian · · Score: 3, Insightful

    The article says "the FCC has ruled that it has final jurisdiction over unlicensed wireless space"

    I think the ruling is a good one, but something about the previous sentence bothers me: I don't like the idea that the FCC can decide what it does and does not control. Does anyone see the potential for abuse? *puts on tinfoil hat*

    1. Re:What doesn't the FCC have jurisdiction over? by Ungrounded+Lightning · · Score: 4, Insightful

      I think the ruling is a good one, but something about the previous sentence bothers me: I don't like the idea that the FCC can decide what it does and does not control.

      If you don't like it, take 'em to court. The courts CAN tell 'em they're full of hogwash.

      But in this case the courts would almost certainly rule that they are right - that congress DID give them that exclusive regulatory authority, and that the supremacy clause extends that authority over the states and their subdivisions.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  4. Re:Can Management at an Expo say no to Wi-Fi by sr180 · · Score: 2, Insightful
    The could make that as part of the conditions of hiring a booth at the expo. So yes, they can. They couldnt stop you from standing outside and running a wireless network form there though.

    --
    In Soviet Russia the insensitive clod is YOU!
  5. Re:all your frequencies... by maelstrom · · Score: 1, Insightful

    This was funny a couple years ago. Please stop.

    --
    The more you know, the less you understand.
  6. It's the public's. by twitter · · Score: 5, Insightful
    The public owns the airwave, and the FCC just happens to embody the public interest right now. They can be done away with by a vote. In this case, I'm glad they stepped up to the plate and squashed the takeover attempt.

    I'm going to go dance in the street.

    --

    Friends don't help friends install M$ junk.

    1. Re:It's the public's. by trippinonbsd · · Score: 1, Insightful

      The FCC does not embody the public interest. They have been screwing up telecommunications for decades now. There is no vote that I can cast to do away with them. I can't chose who serves for the FCC. They are un-fucking-constitutional.

    2. Re:It's the public's. by mwood · · Score: 2, Insightful

      *sigh* FCC's job *is* to embody the public interest in our common use of limited communication resources. If they're doing it wrong then we should instruct our representatives to tell them how to do it right.

      You can certainly vote against whoever appoints the incumbents at FCC and, if enough people agree with you, get a replacement who will put in people you'd approve. Go right ahead and do it. Talk to the candidates and make sure they understand what you want and why you think it would be good for the country. Talk to anybody who will listen and do your best to convince them that they should see things your way.

  7. Re:Colleges by Yebyen · · Score: 5, Insightful

    That is correct. This means that colleges cannot prevent students from setting up their own wireless networks. It doesn't have anything to say about whether students are allowed to connect said wireless network to the college network. Most colleges (any that care whether you set up a wireless network) should have something in their AUP which outlines what you are and are not allowed to plug into their network jacks. If they say "You can only plug individual computers into our network," and you plug in a wireless router, they have every right to suspend your network access privileges.

    --
    Restating the obvious since nineteen aught five.
  8. Re:Colleges by Anonymous Coward · · Score: 1, Insightful

    Set up your own network and see what they do. If you get kicked out, you should have watchdog agencies like the ACLU ready to defend you.

  9. Re:Colleges by Anonymous Coward · · Score: 1, Insightful

    Ma Tech has been fairly randy like that in the past anyway. I remember having to explain to an OIT employee why I had more than one computer hooked up in my dorm room, and why it wasn't using more than my allotted ResNet port.

    Then again, that was a long time ago, and OIT isn't necessarily known for being bright at times. To their credit, they did get over that and actually change policy (or at least turn a blind eye).

    I can kind of see where they don't want unsecured AP's floating around, though. And you know the STAC majors will have one.

  10. Re:Colleges by Niten · · Score: 2, Insightful

    I'd guess that depends on whether your wireless network would be attached to the school's network. If yes, then it should still be well within the school's rights to include a clause in their network's acceptable use policy prohibiting the creation of any unauthorized wireless access points on their network. If no, on the other hand, this decision may provide a useful precedent.

  11. Re:Colleges by Anonymous Coward · · Score: 1, Insightful

    This means if there is a dispute over wireless use in an area such as a dorm, the FCC makes the final decision, not the college or property owner.

  12. Re:Colleges by Anonymous Coward · · Score: 2, Insightful

    you should have watchdog agencies like the ACLU ready to defend you.

    Yes, you should have watchdog agencies like the ACLU ready to defend you, but unfortunately, the ACLU likes to cherry pick its cases. Want to take a guess of how many concealed carry cases the ACLU has taken on? :)

    The bottom line is that if the ACLU decides that your case doesn't fit their agenda, they won't take it.

  13. Re:all your frequencies... by LostCluster · · Score: 1, Insightful

    Then, uh, why are you reading slashdot comments anyway? Please stop.

  14. Big government by svenvder · · Score: 3, Insightful

    Now thats all fine and good but am i the only one paranoid about the government acquiring more power. I say the government should have three jobs: 1) common defense 2) build roads 3) deliver the mail Thats it no more

  15. Re:Colleges by mindstrm · · Score: 2, Insightful

    What???

    This is for unlicensed bands. If you need spectrum upon which NATIONAL SECURITY rests, you use LICENSED spectrum, where it is a FELONY to use without permission. Duh. Airlines DO use licensed spectrum... and unlicensed.

    THe issue here is an airport using commonly used unlicensed equipment and insising that the airlines that use it are NOT ALLOWED to use similar equipment on their own, but instead must use the airport's and pay the airport for that use..

  16. Re:Colleges by foxtrot · · Score: 2, Insightful

    There's a huge difference between "You can set up your own network" and "You can set up your own crap on our network."

    You can set up WAPs all you want. You just can't plug 'em into their hardware. If Bellsloth'll run you DSL to the dorms, plug it into that and have at... The ruling doesn't say they have to allow you to plug into their network. It says they can't tell you you can't have your own WAPs hooked into your own network.

    -JDF

  17. I recall something about CMU by macdaddy · · Score: 2, Insightful

    I recall hearing something (or perhaps I read it) about Carnegie Mellon Unv a number of years back (2000 or 2001 perhaps?) about CMY declaring that all the airwaves above their campus are their sole property and can not be legally interfered with by anyone on or off campus. Basically they wanted to ensure that their wireless network had no competition. I'm thinking it was CMU. I haven't been able to find anything about it though in a few minutes of Googling. The FCC's ruling would mean that CMU could no longer declare unlicensed spectrum to be their own for their own exclusive use (or licensing depending on how you look at it). I see this ruling possibly applying to students in a dorm that want to have an AP in their room. The school says no because they are offering their own wireless access. The FCC ruling would say that's a no no. Interesting ruling no matter how you look at it.

  18. citywide networks by Darth+Cider · · Score: 3, Insightful

    I'm also glad for this FCC ruling. After reading about the citywide network in Rio Rancho, NM, which has rather hefty subscriber fees ($50/mo for 1 Mb/s), I wondered if authorities were seeking monopolization of WiFi.

    This statement from the FAQs could indicate that: It's important to have the involvement of city government in approving this type of deployment

    Why? Maybe if the service were free and tax supported, not subscription based. All they really provide is WiMax routers on lamp poles and the 43 Mb/s backhaul. (You supply your own WiFi card/router.) The disruptive technology that Cringely extolled recently, regarding Linksys/Sveasoft DIY mesh networks, is much preferable.

    What Rio Rancho gets out of the deal is subsidized bandwidth for emergency services, which taxes ought to cover. Now government officials have an interest in suppressing DIY mesh networks. And Rio Rancho is being held up as a model for other communities.

    The FCC ruling is very much in the spirit of Open Source.

  19. Re:Not so Fast by mwood · · Score: 2, Insightful

    The difference between interstate and intrastate radio emissions is whether your receiver is on the same side of the border as his transmitter. Since electromagnetic fields don't observe political boundaries, I can't think of any other meaningful distinction.

  20. Re:Colleges by mwood · · Score: 2, Insightful

    The logical difficulty stems from trying to treat "what you agreed to" as if it were "what makes sense". We frequently accept restrictions on our behavior which are poorly-thought-out, or at least poorly-worded. Then we discover the problem, but it's too late to avoid it because we agreed to it. Our only recourse at that point is to renegotiate something more sensible.