There is more to this in that no one but the FCC is allowed to restrict the airwaves use. Anyone can license the use of a physical space, controled by them for a specific purpose. However, As long as a radio is in ones own controlled space, I'm not sure it matters wether its an AP or an SU. Its not about being a radio, its about not being able to tell someone what to do in their own space.

Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband


----- Original Message ----- From: "John Scrivner" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Thursday, November 02, 2006 1:08 PM
Subject: Re: [WISPA] OTARD


In this particular situation the client (tenant) was owner of both ends (base station and CPE) I think. Correct me if I am wrong. I seem to remember reading that the airline wanted a private WiFi network for themselves. The airport (landlord) was trying to prevent this. In this type of a situation I think OTARD would apply regardless of the type of equipment used.

In the event of a base station where a third party ISP is the beneficiary of use of a base station OTARD right of access would still not apply. I welcome feedback, corrections, rebuttals here. Truth is I know little about this but think I would like to know more. If anyone else has knowledge of this particular case and can add more enlightenment it is much appreciated.
Scriv





Marlon K. Schafer (509) 982-2181 wrote:

It was.

Marlon
(509) 982-2181                                   Equipment sales
(408) 907-6910 (Vonage)                    Consulting services
42846865 (icq)                                    And I run my own wisp!
64.146.146.12 (net meeting)
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



----- Original Message ----- From: "Harold Bledsoe" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, November 01, 2006 11:01 AM
Subject: RE: [WISPA] OTARD


Fascinating.  I had always read OTARD to only cover client devices and
not base station devices.

-Hal
______________________
Harold Bledsoe
Deliberant LLC
800.742.9865 x205
[EMAIL PROTECTED]            http://www.deliberant.com

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Peter R.
Sent: Wednesday, November 01, 2006 1:01 PM
To: WISPA General List
Subject: [WISPA] OTARD

CONTINENTAL AIRLINES, PETITION FOR DECLARATORY RULING REGARDING THE
OVER-THE-AIR RECEPTION DEVICES (OTARD) RULES.   Found that Massport's
restrictions on Continental's use of its Wi-Fi antenna are pre-empted by
the OTARD rules and therefore granted  Continental's  petition. (Dkt No.
05-247). Action by:  the Commission. Adopted:  10/17/2006 by MO&O. (FCC
No. 06-157).  OET
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.txt>

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