Comment Re:The FCC will spank them... (Score 1) 1211
You only have half the ruling there.
The wireless access point must be for commercial use: in this specific ruling it was for the commercial operation of airline services. Another example would be equipment for the reception of service from a wireless internet provider. A wireless home network is not commercial use of a wireless signal.
If the ISP for the user of the WAP specifically included the wireless equipment as approved and supported equipment and treated it as an extensive of their internet service, then it might be considered equipment for the reception or transmission of commercial non-broadcast service, but it is unlikely that an ISP would take this stance.
Hence, OTARD rules do not apply to this situation and such a ban would be legal in a contract.
Note: HAM radios are provided specific protections, hence why HAM radio equipment use is still protected even when not for commercial use. No such specific protection exists for wireless networking equipment despite the airport ruling as the airport ruling relied on the fact that the airlines were commercial tenants.
The wireless access point must be for commercial use: in this specific ruling it was for the commercial operation of airline services. Another example would be equipment for the reception of service from a wireless internet provider. A wireless home network is not commercial use of a wireless signal.
If the ISP for the user of the WAP specifically included the wireless equipment as approved and supported equipment and treated it as an extensive of their internet service, then it might be considered equipment for the reception or transmission of commercial non-broadcast service, but it is unlikely that an ISP would take this stance.
Hence, OTARD rules do not apply to this situation and such a ban would be legal in a contract.
Note: HAM radios are provided specific protections, hence why HAM radio equipment use is still protected even when not for commercial use. No such specific protection exists for wireless networking equipment despite the airport ruling as the airport ruling relied on the fact that the airlines were commercial tenants.
