The difference between Mi-Fi and sandwiches is that there's no Federal Sandwich 
Commission claiming exclusive authority to regulate sandwiches.  Our 
institutions are free to pass policies consistent with the law, but it's clear 
from this thread that we don’t know precisely what the law allows in this case.



Here's the relevant excerpt from Penn State’s policy manual:



The University also reserves the right to control and/or manage use of the 
frequency spectrum within the boundaries of all University locations. 
Individuals of the University are required to report transmitting devices and 
their characteristics to University officials, if so requested. The University 
reserves the right to require those units or individuals found to have such 
devices that interfere or are suspected to interfere with operation of 
centrally managed University systems, to discontinue use of such devices, and, 
if necessary, to remove them from University property.



I have concerns about this policy that would keep me from trying to enforce it:



  1.  The University must manage the spectrum assigned to it, but I'm pretty 
sure the FCC controls the spectrum and that the unlicensed spectrum isn’t ours 
to manage.
  2.  Who are these university officials that can request reporting?  I have no 
reason to think I or my staff are among them, but perhaps we are.
  3.  I suspect the University can ban categories of devices from campus as it 
sees fit, including RF transmitters.  If instead of making this about spectrum 
we just banned RF transmitters of any kind, or even specific kinds, we could 
probably get away with it.  But we’re on much shakier ground if we allow such 
devices and choose to selectively prohibit them based on what we deem to be 
adverse effects on the spectrum associated with their legal use.  That’s a 
backhanded way of controlling the unlicensed spectrum and I don’t think the FCC 
will like it.



Nevertheless, if concern #2 was addressed I’d be willing to attempt 
enforcement.  Our Office of General Counsel is responsible for making sure our 
policies are legal – not me.

Chuck Enfield
Manager, Wireless & Cellular
Penn State IT
119L USB2, UP, PA 16802
Office: 814.863.8715


-----Original Message-----
From: The EDUCAUSE Wireless Issues Community Group Listserv 
<WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU> On Behalf Of Hunter Fuller
Sent: Wednesday, January 29, 2020 12:22 PM
To: WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU
Subject: Re: [WIRELESS-LAN] Ex: Re: [WIRELESS-LAN] neighbors 'jamming' 2.4GHz 
spectrum



I'm not sure everyone is really speaking the same language here.



If my University passed a policy that said students can't have sandwiches on 
campus, that would be enforceable and they could even be subject to 
disciplinary committee if they brought a sandwich to campus.



If you replace a sandwich with a Mi-Fi device, I'm not sure how that's any 
different.



That being said, we do not have such a policy - just one forbidding them from 
connecting their routers and such to our network. That's fine for us, and we 
just try to educate people - 90% of the time it works every time.



--

Hunter Fuller

Router Jockey

VBH Annex B-5

+1 256 824 5331



Office of Information Technology

The University of Alabama in Huntsville

Network Engineering



On Wed, Jan 29, 2020 at 9:52 AM Jake Snyder 
<jsnyde...@gmail.com<mailto:jsnyde...@gmail.com>> wrote:

>

> Unfortunately, aside from talking to the person there isn’t much you can do.  
> The person in question isn’t “jamming,” they are using spectrum and 
> completely entitled to do so.

>

> Simplistically, you can prevent devices the university owns from connecting 
> to it. Beyond that, you venture into the grey area.

>

> Best course is to go talk to the person, educate them, and hope they are 
> reasonable. realistically, you cause as much impact to them as they do to you.

>

> Sent from my iPhone

>

> On Jan 29, 2020, at 8:22 AM, Dom Colangelo 
> <dcolang...@omadatechnologies.com<mailto:dcolang...@omadatechnologies.com>> 
> wrote:

>

> 

>

> I came across this 2015 article on the Marriot penalty and subsequent FCC 
> public notice – there’s a lot of grey area as it relates with higher 
> education, and it seems many are forming their own interpretations.

>

>

>

> ----------------------------------------------------------------------

> -------------------------------

>

> <image002.jpg>

> Dom Colangelo

>

> Systems Engineer

>

> Omada Technologies

>

> Cell: (617)-446-3945

>

> dcolang...@omadatechnologies.com<mailto:dcolang...@omadatechnologies.com>

>

>

>

>

>

> From: The EDUCAUSE Wireless Issues Community Group Listserv

> <WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU<mailto:WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU>>
>  On Behalf Of Michael Holden

> Sent: Wednesday, January 29, 2020 10:07 AM

> To: 
> WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU<mailto:WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU>

> Subject: Re: [WIRELESS-LAN] Ex: Re: [WIRELESS-LAN] neighbors 'jamming'

> 2.4GHz spectrum

>

>

>

> Aruba gives the following warning when doing containment / deauth

>

>

>

> The Federal Communications Commission ("FCC") and some third parties have 
> alleged that, under certain circumstances, use of containment functionality 
> violates 47 U.S.C. Section 333 and/or other FCC rules, regulations or 
> policies. Before using any containment functionality, you should determine 
> whether your intended use is allowed under the applicable rules, regulations 
> and policies. Aruba shall not be liable for any claims, sanctions, or other 
> direct, indirect, special, consequential or incidental damages related to 
> your use of containment functionality.

>

>

>

>

>

>

>

> From: The EDUCAUSE Wireless Issues Community Group Listserv

> <WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU<mailto:WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU>>
>  On Behalf Of Julian Y Koh

> Sent: Wednesday, January 29, 2020 9:50 AM

> To: 
> WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU<mailto:WIRELESS-LAN@LISTSERV.EDUCAUSE.EDU>

> Subject: Re: [WIRELESS-LAN] Ex: Re: [WIRELESS-LAN] neighbors 'jamming'

> 2.4GHz spectrum

>

>

>

> On Jan 29, 2020, at 08:38, Coehoorn, Joel 
> <jcoeho...@york.edu<mailto:jcoeho...@york.edu>> wrote:

>

>

>

> I don't know about that. The enforcement example that stands out to me is 
> Marriott was not allowed to use the fine print when you get a room to 
> prohibit hot spots, interfering or not, and they paid a hefty fine because of 
> it.

>

>

>

> The details are a little hazy with the passage of time, but IIRC the Marriott 
> case was special because they were using the active rogue disassociation 
> features of their wireless network to intentionally knock people off of any 
> SSIDs other than the ones that they were operating.  So that goes beyond 
> simply radiating on a channel.

>

>

>

> Corrections/clarifications welcome as always! :)

>

>

> --

>

> Julian Y. Koh

>

> Associate Director, Telecommunications and Network Services

>

> Northwestern Information Technology

>

>

>

> 2020 Ridge Avenue #331

>

> Evanston, IL 60208

>

> +1-847-467-5780

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