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June 30, 2016

KNOW YOUR WIFI RIGHTS!!!!

WiFi is a mysterious black box of unknowns for most event planners and consumers especially when it’s in regards to what your rights are inside a venue. Most people know that the venue can not legally require you to use the in-house AV company nor restrict you from using a third party contractor but for some reason they don’t realize the same to be true for their internet provider.

The Federal Communications Commission (FCC) has clearly defined rules and regulations for what is and is not allowed in this area and their recent enforcements have only helped increase awareness in the industry.

FCC’s Federal Regulations Protecting Your WiFi Rights:
1. Over-the-Air Reception Devices (“OTARD” Rules): Prohibits Building Restrictions that prevent or delay installation, maintenance or use of wireless equipment and antennas.

2. WiFi Blocking is Prohibited (FCC Public Notice DA 15-113): “Willful or malicious interference with Wi-Fi hot spots is illegal. Wi-Fi blocking violates Section 333 of the Communications Act, as amended [47 U.S.C. § 333].”
“No hotel, convention center, or other commercial establishment or the network operator providing services at such establishments may intentionally block or disrupt personal Wi-Fi hot spots on such premises, including as part of an effort to force consumers to purchase access to the property owner’s Wi-Fi network. Such action is illegal and violations could lead to the assessment of substantial monetary penalties.”

3. Exclusivity Agreements are Prohibited: “No common carrier shall enter into any contract, written or oral, that would in any way restrict the right of any commercial multiunit premises owner, or any agent or representative thereof, to permit any other common carrier to access and serve commercial tenants on that premises.” [47 U.S.C. § 64.2500(a)]

Some recent examples of FCC fining companies for breaking these regulations:

FCC Fines Smart City $750,000 for Blocking Consumers’ Wi-Fi in Convention Centers DA/FCC: DA-15-917 Released August 18, 2015
FCC to Fine Hilton Hotels for Obstructing Wi-Fi Blocking Investigation
Marriott to Pay $600K to Resolve WiFi-Blocking Investigation DA/FCC: DA-14-1444 October 3, 2014

When it comes to Wi-Fi blocking, the FCC is in your corner!