Federal Decision Reaches Beyond Airports

In a new federal decision just released today may have widespread ramifications for the distribution of free Wi-Fi wireless Internet access. The Federal Communications Commission has ruled that the Massachusetts Port Authority cannot block a Wi-Fi access point in the Continental Airlines lounge at Boston's Logan International Airport. Here is the background:

The feud between airport authorities and Continental Airlines began last summer, when Massport, the governing body of Logan Airport, instructed the airline to remove a Wi-Fi system it had installed in July 2004 in its "President's Club" frequent-flier lounge at Logan International. The airport authorities claimed that the system, which was accessible for free by passengers with lounge privileges and by some airline employees, violated the terms of Continental's lease. Massport charges $7.95 per day for its own terminal-wide wireless service. In response, Continental filed a petition last July with the FCC, asking it to declare Massport's demands a violation of federal rules.

The FCC concluded that the lease terms were "unreasonably" restrictive. The commissioners also dismissed Massport's argument that Continental's service would cause it economic harm by taking away revenue from the airport's own Wi-Fi offerings. The airport shouldn't expect to make money off of unlicensed devices, the FCC wrote, and furthermore, the government in this case has a stronger interest in promoting broadband availability and competition.

The FCC's order is not only good news for the many airlines and more than 2,000 Continental customers that filed comments in support of Continental's position. Beyond that, it could be a turning point for those hoping to roll out community wireless projects, said a senior vice president of the Media Access Project, a public interest law firm.

For example, city officials in Boston have recently been discussing how to go about setting up wireless access points in apartment buildings where residents cannot afford their own broadband subscriptions. Without the FCC's decision in place, landlords may have been able to get away with blocking certain free or low-cost wireless services and equipment.

Media Access Project also said that this ruling, "provides a powerful affirmation to the community wireless movement in the United States by protecting the rights of users to operate Wi-Fi access points and other unlicensed devices, whether or not a landlord has an exclusive arrangement with a provider."

Look for this ruling to have long-term ramifications throughout the United States. Many cities are in various stages of trying to set up free Wi-Fi access inside their city limits. Now, the wireless companies that charge for access inside the city limits can't stop it from happening.