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Old October 28th 03, 10:13 PM
Phillip Michael
 
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Default FCC Regualtions & Public Entities Policies

Is an entity such as a public school allowed to adopt a policy that allow
them to confiscate any device on their property that interferes with their
wireless devices?

For example:
Both devices are Part 15.
The school owns a wireless access point.
A student owns a cordless phone.

If a cordless phone interferes with a wireless access point and
the school's policy says "they have the right to confiscate any device that
interferes with their wireless network"
Does the school really have the right to confiscate the cordless phone?

Also if a student's device is under part 97 do you still have the right to
confiscate it?


Here is a phrase from Part 15.5.b
interference must be accepted that may be caused by the operation of an
authorized radio station

Does this only apply to a device or to an individual using a device?


--
Phillip Michael





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Old October 29th 03, 01:23 AM
Jim Hampton
 
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It would seem that anyone can control access to and use of any device on
their property. Most likely it would be returned when the student (or
whoever) left the premises. I remember well a problem at my worksite back
in the 70s. Due to bickering over radio stations, department policy was to
no longer allow radios at work (unless earphones were used). A couple of
idiots had to have a boom box turned up loud on one machine. A supervisor
went over to ask them to turn it down. "you aren't our boss" was the reply.
The supervisor returned with the department head (he was the department head
over 3 departments - and this was one of his departments). "who the h*ll
are you?" the one asked. 10 minutes later, security turned up along with
the superintendent. The radio was comfiscated. They were told that the
radio would be returned when they left work. If it ever showed up again,
they would be out the door and out of a job, no questions asked.

I suspect that something like this may be going on. Some schools may have a
policy against cell phones. It is their call and taxpayers' money. I had a
problem with a neighbor some years ago (I had a judgement against him and he
wasn't going to pay). He had roofers working on his house and they had
their ladder on my property. I asked them to move it. They didn't. I
called the police. The cop was nice and tried to explain the situation to
me. I simply informed him that he didn't have the full story. I didn't
have to let anyone on my property, not even him unless he had a search
warrent. He got the message and sent the roofers packing. Pure and simple.

73 from Rochester, NY
Jim AA2QA

"Phillip Michael" wrote in message
...
Is an entity such as a public school allowed to adopt a policy that allow
them to confiscate any device on their property that interferes with their
wireless devices?

For example:
Both devices are Part 15.
The school owns a wireless access point.
A student owns a cordless phone.

If a cordless phone interferes with a wireless access point and
the school's policy says "they have the right to confiscate any device

that
interferes with their wireless network"
Does the school really have the right to confiscate the cordless phone?

Also if a student's device is under part 97 do you still have the right to
confiscate it?


Here is a phrase from Part 15.5.b
interference must be accepted that may be caused by the operation of an
authorized radio station

Does this only apply to a device or to an individual using a device?


--
Phillip Michael







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Old October 29th 03, 04:15 AM
Phillip Michael
 
Posts: n/a
Default

You do have the right to ban a device, but can they ban or limit uses based
on
interference?

"Jim Hampton" wrote in message
...
It would seem that anyone can control access to and use of any device on
their property. Most likely it would be returned when the student (or
whoever) left the premises. I remember well a problem at my worksite back
in the 70s. Due to bickering over radio stations, department policy was

to
no longer allow radios at work (unless earphones were used). A couple of
idiots had to have a boom box turned up loud on one machine. A supervisor
went over to ask them to turn it down. "you aren't our boss" was the

reply.
The supervisor returned with the department head (he was the department

head
over 3 departments - and this was one of his departments). "who the h*ll
are you?" the one asked. 10 minutes later, security turned up along with
the superintendent. The radio was comfiscated. They were told that the
radio would be returned when they left work. If it ever showed up again,
they would be out the door and out of a job, no questions asked.

I suspect that something like this may be going on. Some schools may have

a
policy against cell phones. It is their call and taxpayers' money. I had

a
problem with a neighbor some years ago (I had a judgement against him and

he
wasn't going to pay). He had roofers working on his house and they had
their ladder on my property. I asked them to move it. They didn't. I
called the police. The cop was nice and tried to explain the situation to
me. I simply informed him that he didn't have the full story. I didn't
have to let anyone on my property, not even him unless he had a search
warrent. He got the message and sent the roofers packing. Pure and

simple.

73 from Rochester, NY
Jim AA2QA

"Phillip Michael" wrote in message
...
Is an entity such as a public school allowed to adopt a policy that

allow
them to confiscate any device on their property that interferes with

their
wireless devices?

For example:
Both devices are Part 15.
The school owns a wireless access point.
A student owns a cordless phone.

If a cordless phone interferes with a wireless access point and
the school's policy says "they have the right to confiscate any device

that
interferes with their wireless network"
Does the school really have the right to confiscate the cordless phone?

Also if a student's device is under part 97 do you still have the right

to
confiscate it?


Here is a phrase from Part 15.5.b
interference must be accepted that may be caused by the operation of an
authorized radio station

Does this only apply to a device or to an individual using a device?


--
Phillip Michael









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Old October 29th 03, 06:35 AM
Hans K0HB
 
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"Phillip Michael" wrote

If a cordless phone interferes with a wireless access point and
the school's policy says "they have the right to confiscate any device that
interferes with their wireless network"
Does the school really have the right to confiscate the cordless phone?

Also if a student's device is under part 97 do you still have the right to
confiscate it?


I don't know if they can confiscate it, but they certainly are within
their rights to prohibit use of the device on their premises. Since a
cell phone transmits a signal even when not placing a call, they can
require that the unit be turned off at all times while on the
premises.

73, de Hans, K0HB
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Old October 29th 03, 10:26 AM
Ryan, KC8PMX
 
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Default

Better think of a better example than a cordless phone unless you are
referring to a cell-phone..... Unless the kid lives really close to the
school. The range is not that great on those things, at least not for
sustained communications.

The school district may decide to confiscate anything that violates their
publicized rules. If they feel it is interrupting or distracting the
students or feel that whatever the object is, is unsafe, then they could
confiscate. (unsafe object could be a knife for example)

A student is considered a "guest" on the premises and therefore does not
have exclusive rights as he would in his own home.


--
Ryan KC8PMX

Some people are like Slinkies . . . not really good for anything, but you
still can't help but smile when you see one tumble down the stairs.


"Phillip Michael" wrote in message
...
Is an entity such as a public school allowed to adopt a policy that allow
them to confiscate any device on their property that interferes with their
wireless devices?

For example:
Both devices are Part 15.
The school owns a wireless access point.
A student owns a cordless phone.

If a cordless phone interferes with a wireless access point and
the school's policy says "they have the right to confiscate any device

that
interferes with their wireless network"
Does the school really have the right to confiscate the cordless phone?

Also if a student's device is under part 97 do you still have the right to
confiscate it?


Here is a phrase from Part 15.5.b
interference must be accepted that may be caused by the operation of an
authorized radio station

Does this only apply to a device or to an individual using a device?


--
Phillip Michael









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Old October 30th 03, 04:24 AM
Phillip Michael
 
Posts: n/a
Default

Actually I wanted to specifically say cordless phone, because college
policies also apply to any student living in a campus dorm.

Here is a link to GaTech's wireless policy.
http://www.oit.gatech.edu/inside_oit...icy_Rev1.9.cfm

They are doing two thing I don't agree with:
1) Banning wireless devices based on interference with their wireless
network.
2) Giving themselves the right to regulate all wireless devices on campus
property.

Phillip Michael
gtg154a @mail.gatech.edu


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Old October 30th 03, 05:47 AM
Phil Kane
 
Posts: n/a
Default

On Wed, 29 Oct 2003 22:24:34 -0500, Phillip Michael wrote:

Actually I wanted to specifically say cordless phone, because college
policies also apply to any student living in a campus dorm.

They are doing two thing I don't agree with:
1) Banning wireless devices based on interference with their wireless
network.
2) Giving themselves the right to regulate all wireless devices on campus
property.


You may not agree with them, but they are certainly within their
rights to regulate the use of electronic devices on their property
as a condition of allowing you to enter upon and use their property.

Did I say "THEIR" property enough ? ggg

Several of my law clients are radio site owners, and we put similar
clauses in all the leases.

Don't like it? Get off the property. No one is forcing you to be
there and to use those electronic devices.

--
73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon


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Old October 30th 03, 06:19 PM
JJ
 
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Default

Jud Heinman wrote:

"Phil Kane" wrote in message
et...

On Wed, 29 Oct 2003 22:24:34 -0500, Phillip Michael wrote:


Actually I wanted to specifically say cordless phone, because college
policies also apply to any student living in a campus dorm.

They are doing two thing I don't agree with:
1) Banning wireless devices based on interference with their wireless
network.
2) Giving themselves the right to regulate all wireless devices on campus
property.


You may not agree with them, but they are certainly within their
rights to regulate the use of electronic devices on their property
as a condition of allowing you to enter upon and use their property.

Did I say "THEIR" property enough ? ggg

Several of my law clients are radio site owners, and we put similar
clauses in all the leases.

Don't like it? Get off the property. No one is forcing you to be
there and to use those electronic devices.

--
73 de K2ASP - Phil Kane

From a Clearing in the Silicon Forest
Beaverton (Washington County) Oregon



**** YOU!

Get a Life

73 de Jud



WOW! what an intelligent reply.

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