The Open Technology Institute at the New America Foundation joined Public Knowledge in submitting reply opposition comments to the Federal Communications Commission (FCC) on the Petition of American Hotel & Lodging Association, Marriott International, Inc. and Ryman Hospitality Properties for a Declaratory Ruling to Interpret 47 U.S.C.§ 333, or, in the Alternative, for Rulemaking. Full text of comments are available in the attached PDF
The Open Technology Institute at New America Foundation (OTI) and Public Knowledge (PK) (collectively “OTI/PK”) submit these Reply Comments in opposition to the above captioned Petition. As demonstrated by numerous and diverse commenters, the Commission should take this opportunity to reaffirm its long-standing interpretation that Section 333 applies to all communications by radio authorized by the Commission, whether codified in Part 15 or elsewhere.
Operators of networks using Part 15 devices have many alternative and permissible ways to combat cybersecurity threats and criminal activities – including notification of the relevant law enforcement authorities. By contrast, nothing could more undermine the stability of our wireless infrastructure than to authorize a set of trigger-happy vigilantes to engage in wide-area jamming at will. Any reduction in either the actual or perceived ubiquity or reliability of Wi-Fi due to blocking by venues would in aggregate reduce the connectivity options, throughput and affordability of mobile data for consumers. Nor is this danger of vigilante action limited to unlicensed networks. As “hetnets” relying on the seamless transfer of traffic between licensed and unlicensed frequencies become the norm, permitting blanket interference with Part 15 operations in the name of “cybersecurity” threatens the operation of cellular networks using licensed spectrum.
