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Re: FCC on wifi at hotel

  • From: Jared Mauch
  • Date: Wed Feb 28 17:21:37 2007

On Wed, Feb 28, 2007 at 03:28:11PM -0600, Frank Bulk wrote:
> While the hotel cannot prevent you from using Wi-Fi, but they could:
> a) restrict you from attaching equipment to their internet connection
> (unless you contracted for that and the contract didn't restrict
> attachments) or electrical outlets
> b) ask you to leave and charge you for trespassing if you didn't
> Its highly unlikely those renting facilities from the hotel would agree to
> such onerous restrictions and a hotel renting you the facilities is unlikely
> going to boot you out.
> See:
> for some good coverage on the Massport incident.

	IANAL, but I just (re-)read the FCC order on the massport
"incident" (ugh, silly massport, i have avoided logan for years now
because of them..) and would like to offer my own comments on
the above.

	Assuming you're there staying in a hotel room, it is likely to
be considered a nightly lease of some sort, which protects your rights
to use a "Part 15" unlicensed band device within your room.  This
would also extend to your lease of any meeting rooms where you
have some level of "exclusive" access to them.  (The continental case
actually is quite close to a conference where you may have paid 
attendees).  As long as you've contracted power for your devices or the
solar/battery array you're using to power the device meets the fire code,
it doesn't appear they can restrict your usage of any of these devices,
even if it's specifically prohibited in the lease/contract you have
signed.  In any common spaces (bathrooms, bar?, hallways, etc..) they
may be able to prohibit your placement of equipment, but not necessarily
the reception of the signal.

	- Jared

Jared Mauch  | pgp key available via finger from [email protected]
clue++;      |  My statements are only mine.