Boston City Council “Wicked OTAHD-ed”

According to this article, the City of Boston is considering banning or otherwise regulating the placement of DBS receiver dishes. The article reports that in a number of places these have become real eye sores, especially where a tenant moves out and just leaves the dish. Also, DBS comapnies are increasingly puting dishes in windows rather than all the way on roofs, and are generally not that concerned with keeping the neighborhood looking pretty.

Nevertheless, after the trouncing the FCC gave Massport last month over OTARD, this is pretty silly. Or, as those of us from Boston might say “wicked OTAHDed.”

Now there are ways the City can try to deal with the esthetic problems. For example, it could mandate that landlords permit use of rooftops for DBS providers (one big problem is often that landlords sign exclusive deals with incumbent cable operators, so only tennants with a southern exposure window can subscribe). Or Boston might require that any tenant that terminates DBS service remove the dish or who moves must remove the receiver dish. The city could probably require that if a DBS or other provider comes to install a dish and finds a “dead dish” connected to the residence, the DBS provider must remove it (I’m a little leary of this one because it imposes additional costs on the DBS provider and therefore may be preempted by federal law).

These are just ideas off the top of my head, so they may not be plausible. If the City of Boston wants some help, I recommend the Boston University Law School Legislative Drafting Clinic (of which I am an alum). But I hope they resist the urge to just pass something stupid that a federal judge will smack down in five minutes. That never helps anyone, and is especially irritating when taking a bit of time and effort to get it right can save everyone some grief down the road.

Stay tuned . . . .

Big Win For Community Wireless At FCC

The FCC released its long awaited decision resolving Continental Airline’s complaint that Massport cannot order it to shut down its free wifi access for Continental customers.

While supremely important for its ultimate holding, the case contains many positive and useful determinations for unlicensed generally. It also contains two outstanding concurring statementsfrom the Democratic Commissioners. You can see Copps’ concurence here, and Adelstein’s here.

That’s also very good news. Almost a year ago, I worried that, with the departure of Michael Powell and Ed Thomas from the FCC, and the departure of Michael Gallagher from NTIA no one would champion the cause of unlicensed spectrum. But as Copps and Adelstein have shown, both in this decision and in their actions in last month’s item on the broadcast white spaces, Copps and Adelstein ‘get it’ on unlicensed spectrum and why it is so important.

Further analysis below . . .

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WiFi Turbulence at Logan could be trouble for WISPs, CWNS and Munis.

Sadly, the latest fuss about wifi and airports doesn’t come from an Apple update. As some of you may have read, Logan airport wants to stop Continetal from running its own wifi network. Instead, it wants Continental to pay to use Logan’s wifi network. While this might look like just a local fight, it has big implications for wireless ISPs, community wireless networks, and municipal wireless networks.

The FCC has put out a public notice on the matter. So it looks like I have a new set of comments to file when I get back from vacation (sigh).

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Small But Potentially Significant Spectrum Ruling

Unnoticed by most folks, the FCC’s Enforcement Bureau issued a public notice on the legality of cell phone jammers. (They aren’t.) Oddly, this may have very significant impacts for users of unlicensed spectrum.

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Tales of the Sausage Factory: UTX, OTARD, UH-OH!

As readers of Slashdot may have seen, The University of Texas at Dallas has prohibitted students in certain dorms from setting up wireless access points. If you read the policy, you will find out that the University is not simply amending its acceptable use policy (AUP), it prohibits setting up access points using residential DSL or cable.

Rather than break into the raging debate in the comments on how this policy meshes (as it were) with the FCC’s recent ruling prohibiting landlords from mandating such things, I’ll use Wetmachine to say what I want (but feel free to refer anyone from Slashdot over here to our humble corner of the internet if they would like to hear from a lawyer who dabbles in such things).

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