Comment of Newmedia Rights on the Intentional Interruption of Wireless Services

18 Pages Posted: 16 Aug 2014

See all articles by Arthur H. Neill

Arthur H. Neill

New Media Rights; California Western School of Law

Shruti Joshi

New Media Rights

Date Written: April 30, 2012

Abstract

The Federal Communications Commission’s (the FCC or the Commission) Public Safety and Homeland Security Bureau (PSHSB) and Wireless Telecommunications Bureau (WTB) by its public notice dated March 1, 2012 sought comments on concerns and issues of intentional interruptions of Commercial Mobile Radio Service (CMRS or “wireless service”) by government authorities for ensuring public safety. The Commission must clarify that government agencies and other third parties in control of the facilities for wireless service are covered by the provisions of the Communications Act that cover wireless service shutdowns. The Commission must clarify that wireless service interruptions are limited to extreme situations where a prior court order or authorization from the Commission is obtained upon a probable cause showing showing that the wireless service itself is being held for unlawful purpose.

On August 11, 2011, the Bay Area Rapid Transit System (“BART”) temporarily interrupted wireless service in its downtown San Francisco stations as a tactic to deal with a possible protest. Such an unauthorized temporary interruption of wireless service raises serious concerns on whether a public agency like BART can voluntarily decide to shutdown wireless services for millions of users and runs contrary to the efforts by the FCC towards maintaining and strengthening communication systems. This comment aims at identifying the various problems associated with interruption of wireless service particularly for the consumer, legal aspects that surround shutdown of wireless service, and less intrusive solutions based on learnings both from similar incidents in the past and the efforts of other transit systems to address this issue.

Keywords: FCC, wireless, emergency, Federal Communications Commission

Suggested Citation

Neill, Arthur H. and Joshi, Shruti, Comment of Newmedia Rights on the Intentional Interruption of Wireless Services (April 30, 2012). Available at SSRN: https://ssrn.com/abstract=2480718 or http://dx.doi.org/10.2139/ssrn.2480718

Arthur H. Neill (Contact Author)

New Media Rights ( email )

1855 1st Ave., Suite 102
San Diego, CA 92101
United States

HOME PAGE: http://newmediarights.org

California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States

HOME PAGE: http://cwsl.edu

Shruti Joshi

New Media Rights ( email )

1855 1st Ave., Suite 102
San Diego, CA 92101
United States

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