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University Bans Wireless Access Points
Slayk writes "The University of Texas at Dallas has adopted a policy of disallowing the use of 802.11b/g access points outside of those used for the campus-wide wireless network. While they have an understandable concern with ensuring the accessability of the school network, the rights of the students to use the unlicensed 2.4GHz spectrum in the privacy of their own apartment are obviously being regulated by a body that is not the FCC. Students have until the 15th of September to comply with the policy, disable their wireless equipment, and string cat5 over the floor, or be subject to 'disciplinary action.'"
The FCC has ruled repeatedly with regards to HAM Radio antennas, DBS dishes and OTA TV antennas that landlords cannot unduly restrict tenants from installing them. They've also ruled the same regarding anything in the 2.4 GHz band.
So:
a) University banning connection of WAP to their network: OK
b) University banning WAP anywhere on their property if it's not connected to their network: Not OK
This
nope, RTFA (first paragraph at least) ;-p
In this case, these devices are not being connected to the university network...
These access points are connecting to Comcast Cable Modems or to SBC DSL (or other providers) for their Internet access and then are being shared out to other residents within the same or adjacent suites.
So what? The problem is that it is preventing students from getting access to the campus network.
Some students in Waterview have been experiencing problems when trying to connect to the UTD Wireless Network. The reason has been found to be the result of over 100 wireless access points being set up by residents.
Someone already pointed out there are only so many channels available. If these 100 AP's are dominating the school's network, denying students access to the internal UDT network, I think they are correct to do something about it.
There is much cruelty in the universe, John.
Yeah, we seem to have the tour map.
No, it's called a lease agreement, with a change clause. Use the spectrum all you want, they are prohibiting a device, just like they can prohibit hotplates. If you don't like it, feel free to move out.
State law trumps (and voids) any lease agreement terms that the state has prohibited. (Example: lease terms that prohibit having a visitor of a particular race.) Voiding the term does not void the rest of the lease.
Federal laws and regulations trump state law, via the "supremacy clause" of the US constitution.
Federal law gives the FCC the exclusive authority to regulate the use of the RF spectrum, and the FCC has used this authority to write regulations that explicitly permit anyone to use the unlicensed spectrum (AND mount antennas no larger than one meter) despite any lower-level law, regulation, or contract to the contrary (such as zoning laws or landowner covenants forbidding external antennas). Students in student housing are EXPLICITLY mentioned in the cited FCC memo clarifying the regulation.
The FCC says the students can use the unlicensed spectrum. The FCC has the power to issue that regulation and override the university's Board of Regents on this issue. The Board of Regents or their agents can not penalize the students in any way for violating the voided regulation and exercising their privileges under the FCC ruling (because doing so would mean the regulation was not voided).
The students win.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
good idea -- they thought of it too...
No 802.11b or 802.11g wireless access points may be installed within the Waterview Apartments by residents. Only 802.11a wireless access points will be allowed and those must be set only to the specific channels provided for that purpose (see list below). In other words, no access points using the 2.4GHz band may be used and only certain frequencies in the 5GHz spectrum.
In fact...
The UTD Technology Store (BK1.3 or extension 6500) is working to offer 802.11a wireless access points to use in place of the 802.11b/g. The possibility even exists that they may offer a discount of some sort for newer 802.11b/g access points that are traded in on an 802.11a.
There is much cruelty in the universe, John.
Yeah, we seem to have the tour map.
That seems to be pretty specific and clearly delineates that neither the University, nor any other institution that is NOT the FCC may impose regulations upon either the frequencies themselves, NOR the equipment used to access them. The University CAN deny access to their network, but the original article clearly indicates that these students are using their own, private ISP broadband connections (cable and DSL) and this means the University is just as cleary SOL.
-AC
The property is under private ownership. http://www.utdallas.edu/utdgeneral/utdmaps/watervi ew.html
After a little call (local for me), they use a standard Texas Apartment Association Leasing Agreement.
So I would think, since its a standard apartment agreement, and the university has no ownership or managerial duties involed. That the students who live at those apartments can do whatever they want as far as wi-fi goes.
Seems to me legal presedence is on their side if they are dealing with an outside leasing agent who is a member of the TAA, and dealing with private property issues.
That is a public safety issue though, this is not.
Basically, if there were a federal law that stated "any entity which uses shotguns MUST allow shotguns to interfere with them" THEN your analogy would be appropriate.
Here is the problem: UofT is using 802.11 APs for it's own local network, by using those APs they are explicitly required to allow any interference caused by other devices in that wavelength. They are now asking students to remove their APs because they are interfering with their own network. This is against the law. If UofT wanted complete control over a chunk of spectrum, they could have purchased a license from the FCC to do so, instead they saved a LOT of money by using UNLICENSED spectrum and are now effectively saying they control that spectrum they didn't license. It would be equivalent to them not allowing 2.4GHz processors because they interfere (regardless if that is or is NOT the intention of the device) with the network in some way. They can NOT do that.
If the wireless APs were connected to THEIR network, you have a very different reason to disconnect them...not because of interference, but signal theft. That would be an acceptable removal reason, but is not the reason they have stated.
The assumption that everybody seems to be making is that the university owns the apartments in question. A quick google got me this page: U.T. Dallas has no University owned and operated housing facilities. However, the Waterview Park Apartments are located on the U.T. Dallas campus within easy walking distance to all campus facilities. U.T. Dallas students have priority for available units.
The university does not own nor operate the apartment building in question. Also, while university students have priority for apartments, it's implied that not all of the residents of this apartment complex are associated with the university. The article mentions that they are sharing Comcast cable. Comcast allows routing over wireless, and will even set it up for you for an additional fee, so they're not in violation of the internet provider's TOS.
In short, the university has banned use of a non-university regulated internet connection on non-university regulated property by people who may or may not even be university students(but probably are). Unless the apartment complex has some clause in the lease that tennants have to obey the whims of the university, I doubt this is legal.