I’m informed by my contacts that the FCC has traditionally exempted colleges and universities from OTARD on the grounds that the relationship is not a standard landlord/tenant relationship. As a consequence, the OTARD declaratory ruling does not apply to UTX or other dormitory situations. The June 24, 2004 ruling did not change any existing OTARD exemptions. It merely clarified that OTARD applied to unlicensed services as well as licensed services.
Looks like the UTX policy is therefore legal. Whether it is wise or not is an entirely different question, and not for yr hmbl obdnt to judge.
Stay tuned . . . .
Related Posts:
- My Insanely Long Field Guide to the Fox29 Philadelphia (WTFX-TV) License Renewal Challenge. by Harold August 29, 2023 In July, the Media and Democracy Project filed a Petition to Deny the license renewal of Fox29 (WTFX-TV) in Philadelphia. The Petition rests on a…
- Does SCOTUS EPA Case Impact Net Neutrality? Here’s Why I Say No. by Harold July 1, 2022 For most people, the Supreme Court’s decision in West Virginia v. Environmental Protection Agency was about environmental policy and what the Environmental Protection Agency can…
- No Sohn Means No Broadband Map, and No Broadband Map Means No BEAD Money. by Harold May 24, 2022 I would never have imagined that we could get past Memorial Day without Gigi Sohn's confirmation as the 5th FCC Commissioner/3rd Democrat. But Republicans who…
- Why Canada's C-18 Isn't Working Out As Expected. by Harold July 24, 2023 Back at the end of June, Canada passed C-18, aka "The Online News Act," a law designed to make Google and Facebook negotiate with news…
- AI Policy and the Uncanny Valley Freakout. by Harold June 30, 2023 We have been debating, on and off, about the issues around artificial intelligence and AI governance for some time now. Here at Public Knowledge, we…
- S. Korea "Sender Pays" Is a Warning, Not a Model, or Why (Almost) Everyone Keeps Telling the EU This Is a VERY Bad Idea. by Harold October 14, 2022 Economist/NYT opinion writer Paul Krugman coined the term "Zombie idea" to describe an idea that, despite being repeatedly refuted with evidence, keeps coming back. Not…
UTX doesn’t know about the exemption and has declared a truce.
http://www.utdmercury.com/n…
they do know, but aren’t sure if it applies in their particular situation.
If you read the article to page two, they observed that this wasn’t a true dorm, It was private apratments where some apratments were rented to students and some not. Very complicated factual situation.
My own feeling is they should have tried peaceful resolution and voluntary measures before issuing an edict from on high.