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 . . . .
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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.