WASHINGTON-Continental Airlines Inc. is fighting an order from the Massachusetts Port Authority that Continental discontinue its free Wi-Fi service inside its Presidents Club at Boston’s Logan International Airport, saying the Massport order violates federal law.
The Federal Communications Commission is accepting comments on the situation until Aug. 29 with replies due Sept. 13.
Continental contends that Massport’s order violates the over-the-air reception device rules. According to the FCC, “The OTARD rules prohibit certain restrictions that impair the installation, maintenance or use of antennas used to receive video programming, or customer-end antennas that receive and transmit wireless signals.”
While Continental is leading the charge on the issue due to its dispute with Massport, Mark Crosby, president of the Enterprise Wireless Alliance, believes the issue is bigger than Continental’s Presidents Club at Logan International Airport.
“The issue appears to be not just passenger lounges but also has ramifications for other networks for `under the wing’ operations. These are pretty critical since they have other requirements with other agencies like matching fliers and bags, and this must be done in seconds,” Crosby told RCR Wireless News, noting EWA had facilitated meetings with staff of the FCC’s Office of Engineering & Technology and representatives of a variety of airlines.
Massport said Continental violated its lease agreement by installing the Wi-Fi service, and it said it is not even sure the commission’s OTARD regulations are legal.
Massport “believes that the provisions of the lease do not violate any portion of the regulations even assuming the regulations are lawful, which Massport does not concede,” reads a letter sent to Continental and signed by Deborah Lau Kee, Massport associate deputy chief legal counsel.
In addition, Massport relies on a 2001 consumer fact sheet, which Massport believes gives it the right to require Continental to use its system.
“Under certain conditions, if a common antenna is available for use by residents, then the community association or landlord may reject or not permit the installation of an individually owned antenna or satellite dish, provided the service and costs are the same,” reads the consumer fact sheet. “An association, landlord or local government may impose certain restrictions when safety is a concern.”
Massport alleges Continental’s system could interfere with wireless networks used by public safety.
Continental contests the first reason, saying the costs and services are not comparable.
Massport has contracted with a third-party vendor to provide Wi-Fi for $8 per day for customers. It has suggested to Continental that it can negotiate a roaming agreement based on usage. Continental believes its Presidents Club Wi-Fi is so popular that the cost is prohibitive.
More than a year ago, OET said it had exclusive jurisdiction over Wi-Fi service, and customers could install this equipment.
“Questions have arisen about the ability of homeowners associations, landlords and other third parties to prohibit customer use of small antennas when consumers install and operate them as unlicensed devices,” said OET in a public notice dated June 24, 2004. “We affirm that the rights that consumers have under our rules to install and operate customer antennas 1 meter or less in size apply to the operation of unlicensed equipment, such as Wi-Fi access points.”
