[Cybertel-Ann] Continental Airlines Petition for Declaratory Ruling - Granted

[Robert Cannon]

11/1/06
Petition for Declaratory Ruling Regarding the
Over-the-Air Reception Devices (OTARD) Rules.
Order: Word | Acrobat
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.doc
Copps Statement: Word | Acrobat
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.doc
Adelstein Statement: Word | Acrobat  
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.doc


In the Matter of Continental Airlines

Petition for Declaratory Ruling
Regarding the Over-the-Air
Reception Devices (OTARD)
Rules	)
)

ET Docket No. 05-247

MEMORANDUM OPINION AND ORDER

Adopted:  October 17, 2006	Released:  November 1, 2006


By the Commission:  Commissioners Copps and Adelstein
issuing separate statements.


I.	INTRODUCTION
1.	In this Memorandum Opinion and Order, we address a
Petition for Declaratory Ruling filed by Continental
Airlines, Inc. (Continental) pertaining to its
installation and use of a Wi-Fi antenna within its
lounge at Boston-Logan International Airport (Logan
Airport).   Continental claims that the Massachusetts
Port Authority (Massport), the owner of Logan Airport,
has demanded that Continental remove its Wi-Fi
antenna, and that such restrictions are prohibited by
the Commission’s Over-the-Air Reception Devices
(OTARD) rules.   For the reasons stated below, we find
that Massport’s restrictions on Continental’s use of
its Wi-Fi antenna are pre-empted by the OTARD rules
and we therefore grant Continental’s petition. 

. . . . .