The availability of Wi-Fi and other fixed wireless services will be greatly diminished if some parties are successful in their efforts at the FCC. In a proceeding that could have tremendous ramifications for many entities, the Massachusetts Port Authority ("Massport") and its supporters are asking the FCC to, in effect, reverse a decision it reached more than five years ago.

At that time, the FCC held that, with limited exceptions, owners of office buildings, airports, shopping centers, apartment complexes, condominiums and various other types of buildings could not prevent occupants of those buildings from placing antennas for use of fixed wireless services (such as Wi-Fi) in areas within the exclusive use or control of the occupants. Partly as a result of this ruling, fixed wireless services such as Wi-Fi have had room to grow virtually unimpeded.

Massport, however, is now requesting that the FCC hold that the FCC did not have the authority to prevent owners of buildings from placing such restrictions on their occupants, and that the FCC should therefore, in effect, reverse its prior ruling.

While the proceeding giving rise to this request involves Massport seeking to prevent Continental Airlines from providing its passengers with Wi-Fi capability using Continental’s provider's system in Continental’s frequent flyer lounge (the "Presidents Club") at the airport, one of the primary arguments Massport is raising is in no way limited to airport usage, and, if successful, would greatly impact Wi-Fi usage in all types of buildings.

If you have questions about this proceeding, or if you would like additional information or may wish to participate in this matter, please contact:

Alan Fishel
(202) 857-6450
fishel.alan@arentfox.com

Jeffrey Rummel
(202) 715-8479
rummel.jeffrey@arentfox.com