Public Knowledge welcomed an FCC public notice released Thursday seeking...
Public Knowledge welcomed an FCC public notice released Thursday seeking comment on “concerns and issues” raised by the intentional interruption of CMRS service by government authorities for the purposes of protecting public safety (CD March 2 p 14). PK noted…
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that it joined other groups in asking the FCC to rule on whether the Bay Area Rapid Transit authority violated the Communications Act in August when it cut wireless service at one transit station in the interest of public safety. “We agree with FCC Chairman [Julius ] Genachowski that any such cutoff raises ’serious legal and policy issues, and must meet a very high bar,'” the group said. “The same wireless network that police see as a tool for rioters to coordinate is the same wireless network used by peaceful protesters to exercise our fundamental freedoms. More than that, in any event, the network will be necessary for people in the area to call for help or to let family members know they are not harmed.” The courts, not the FCC, need to step in, said TechFreedom. “What BART did clearly violated the First Amendment, and needlessly put passengers at risk by cutting off emergency services just when they were needed most,” the group said. “But we need a court to say so, not the FCC. The FCC has no authority here. The state did not order the shutdown of the network, nor does the state run the network. BART simply turned off equipment it doesn’t own -- a likely violation of its contractual obligations to the carriers."