EFF-Autin says BART violated at least two federal laws [telecom]

***** Moderator's Note *****

This post contains quotes drawn from a website which belongs to the Electronic Frontier Foundation of Austin, Texas.

From the website's "About" page:

EFF-Austin was originally formed in 1991 with the intention that it would become the first chapter of the national Electronic Frontier Foundation, however [the national] EFF decided not to become a chapters organization, and EFF-Austin became a separately-incorporated, independent nonprofit organization ...

Bill Horne Moderator


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BART's action probably violated section 333 of the Communications Act. The mobile providers' decision to give control over the mobile service repeaters/microcells to BART also probably violated the terms of their licenses and FCC rules, 47 C.F.R. sections 22.383 and 22.527, and possibly others. The FCC noted only a few months ago that the Commission's rules and policies adopted pursuant to section 310(d) require that licensees maintain control over and responsibility for their assigned spectrum, equipment, and operations. Similarly, section 1.903 established that stations in wireless services may only be operated with an FCC authorization (i.e., license). Violations are punishable by fines and forfeitures. Although the FCC is considering changing these rules - in an effort to encourage further use of repeaters and signal boosters by users - the rule changes have not yet gone into effect.

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John Mayson
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