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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Continental  Airlines;  Petition  for  Declaratory  Ruling  Regarding  the  Over-  the-  Air  Reception  Devices  (OTARD)  Rules,  Memorandum  Opinion  and  Order 
 Today  we  strike  a  victory  for  the  WiFi  revolution  in  the  cradle  of  the  American  Revolution.  The  WiFi  movement  embodies  the  spirit  of  American  freedom,  and  in  our  action  we 
 say  “don’t  tread  on  me.”  The  movement  has  been  one  of  the  great  telecommunications  success  stories  because  it  enables  American  consumers  and  businesses  to  offer  and  receive  broadband 
 services  at  the  most  local  levels  –  at  any  time,  in  any  place. 
 In  this  vein,  I  support  the  application  of  our  OTARD  rules  to  unlicensed  devices  under  Part  15  of  our  rules  because  these  devices  transmit  and  receive  fixed  wireless  signals  as  is 
 required  by  OTARD.  That  Part  15  services  are  “unlicensed”  does  not  mean  that  they  should  be  treated  differently  than  “licensed”  ones  for  purposes  of  our  OTARD  rules. 


 Of  course,  I  am  sensitive  to  the  operational  challenges  presented  by  airport  environments.  And  the  Commission  has  in  place  numerous  services  and  rules  that  allow  for  licensed 
 communications  by  public  safety  and  commercial  entities  alike  in  these  locales.  To  the  extent  there  is  an  interference  problem  with  these  licensed  operations,  particularly  those  involving 
 public  safety  services,  we  should  quickly  step  in. 
 But  these  same  protections  can  not  and  should  not  extend  to  WiFi  use.  While  unlicensed  services  are  ubiquitous,  WiFi  users  are  not  able  to  claim  the  same  interference  protection 
 typically  afforded  licensed  operators.  It’s  an  important  tradeoff,  and  a  critical  one.  As  we  affirm  today,  WiFi  users  can  freely  deploy  their  networks  in  areas  under  their  control,  but,  in  return, 
 must  accept  interference  from  other  WiFi  operators. 
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