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 . . . .