WASHINGTON—The Federal Communications Commission said Continental Airlines Inc. can offer free Wi-Fi access at Boston-Logan International Airport, ruling the Massachusetts Port Authority’s attempt to shut down the airliner’s wireless Internet service is pre-empted by federal regulations governing over-the-air reception devices (OTARD).
Though the dispute was between one major airliner and a major U.S. airport operator, the FCC decision has broader national implications.
“I think we see this as a big win for anyone looking to provide wireless broadband service in public or quasi-public spaces. While it doesn’t resolve the larger problem of building access—you still need landlord permission to be on the property in the first place—but once you’re in the decision really limits a proper owner’s ability stop you from providing service,” said Robert Primosch, a partner the law firm of Wilkinson Barker Knauer and outside counsel to the Wireless Communications Association Inc.
Massport’s press office did not return a call seeking comment.
In July 2005, Continental asked the FCC agency to rule whether Massport could force it to remove a Wi-Fi antenna at its President’s Club frequent-flyer lounge at Logan.
Massport’s Wi-Fi backbone was built and is operated by Advanced Wireless Group, which charges $8 for a 24-hour period of wireless Internet access.
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 OTARD rules. The 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.
Massport also claimed Continental’s Wi-Fi antenna could interfere with the central Wi-Fi antenna at Logan and possibly disrupt public safety communications at the busy airport. Continental countered that no safety-related interference complaints had been filed with Logan authorities.
The FCC said Massport misinterpreted the safety exception in OTARD rules and the regulatory framework for Part 15 unlicensed wireless operations—like the Wi-Fi system operated by Continental.
“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.
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.
The two Democrats on the GOP-controlled FCC said the ruling was a victory for the popular Wi-Fi movement, but added they are sensitive to concerns about potential interference to public safety communications.
“I do want to note that I approve of today’s decision only because the record is clear—in fact, uncontested—that allowing multiple Wi-Fi 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,” said Commissioner Michael Copps. “In the unlikely event that technical developments change this balance, I would of course support swift and forceful remedial action from this commission.”
Continental’s petition drew support from T-Mobile USA Inc., the smallest national mobile-phone carrier and a major Wi-Fi service provider, as well as the Air Transport Association of America and others.
“This is a tremendous decision,” said Mark Crosby, president of the Enterprise Wireless Alliance. EWA is a member of the ATA trade group, which aggressively lobbied the FCC to uphold OTARD guidelines. Crosby said the decision is clear and concise, leaving no doubt about the reach of OTARD regulations.
Massport was backed by, among others, the Manchester Airport in New Hampshire, the Metropolitan Washington Airports Authority and the Airports Council International-North America.
“T-Mobile is extremely pleased that the FCC has reaffirmed its commitment to the widespread deployment of broadband Wi-Fi services,” said Thomas Sugrue, vice president of government affairs at T-Mobile USA. “Today’s ruling makes clear that such deployment cannot be constrained by restrictive lease provisions or the creation of unreasonable regulations that discourage consumer choice. This will enable consumers to continue to enjoy the benefits of increased mobility and competitive access to broadband that the expanding availability of Wi-Fi makes possible.”
This is not the first time the FCC has been asked to mediate a disagreement over the scope and limit of the OTARD rule to unlicensed Wi-Fi operations. A few years ago, a wireless Internet firm asked the FCC to declare that local antenna restrictions being enforced by local officials in Needham, Mass., were illegal and federally pre-empted. The FCC never ruled because the warring parties came to an agreement, and the wireless Internet service provider, UniiGo Communications Inc., eventually went out of business.
