Wi-Fi Blocking In 3 Words, “Don’t Do It”

Can’t get your hotspot to work in a hotel or conference center?  That’s a problem the FCC’s interested in hearing about. Willful or malicious interference with Wi-Fi hot spots is illegal.  Often known as “jamming,” such actions are illegal and perpetrators of these bad acts—regardless of purpose--will pay dearly. Period.  Last week, the FCC issued an Enforcement Advisory regarding two separate jamming problems where wi-fi interference in one instance not only occurred, but was achieved (a dubious distinction to be sure) beyond the property where the jam was intended. In the second case, the problem was—and continues to be—the perpetrator’s lack of response to FCC queries about jamming at its properties  The cases are different, but the take away is the same. Don’t do it, and don’t let your company/clients/friends do it.

“Jamming,” in this context (as opposed to the musical one), is defined as the intentional creation of interference to disrupt a communications signal. (As an interesting side note, film actress Hedy Lamarr, along with avant garde musician George Antheil, held the first patent granted in the United States for the most widely used type of anti-jamming processes currently in use—frequency hopping spread spectrum technology.).  Perhaps recognizing the potential catastrophes interfering signals could cause, Section 333 of the Communications Act of 1934 (as amended) clearly prohibits “willful or malicious interference with any radio communications of any station licensed or authorized by or under the Act or operated by the United States Government.”  Additionally, Section 302 of the Communications Act, along with Section 2.803(a) of the FCC’s rules clearly prohibits the “manufacture, importation, marketing, sale or operation of devices deliberately designed to jam or disrupt wireless communications.” (47 U.S.C. Section 302a(b)) and 47 C.F.R. Section 2.803(a).  So it’s illegal to sell jamming devices and illegal to use them.  Period.

In the first case, M.C. Dean as the ostensibly exclusive provider of wi-fi services for the Baltimore Convention Center, was accused of blocking wi-fi within the Convention Center, effectively preventing others from establishing hot spots at conventions and trade shows held in the facility.  M.C. Dean, a well-established electrical contractor, through its actions, tried to force guests and others at the Baltimore Convention Center to use its own wi-fi at a cost of $1,095.00 per event.  Those who didn’t pay for access were denied access plain and simple.

Over several visits to the facility, FCC field agents were able to determine that, not only was the wi-fi within the facility blocked, but additionally, that the blocking that was taking place, reached beyond the physical perimeter of the facility itself to include not only adjacent sidewalks, but passing vehicles as well.  As a result, the FCC charged M.C. Dean with intentionally violating Section 333 of the Communications Act.  The fine?  $718,000.
In the second recent case, the FCC has proposed a modest fine against Hilton Worldwide Holdings, Inc. for what the FCC has called “apparent obstruction of an investigation into whether Hilton engaged in the blocking of consumers’ Wi-Fi devices.”  Here, what got Hilton in trouble (and its fun is just beginning) is its unwillingness to respond to an FCC Letter of Inquiry regarding the hotel conglomerate’s practices with respect to alleged wi-fi blocking.

Specifically, last November (2014), the RCC, following receipt of at least one consumer complaint, mailed a letter of inquiry to the company requesting copies of relevant corporate policies, as well as specific information regarding wi-fi management at Hilton properties throughout the United States.  To date, Hilton has failed to provide “the requested information for the vast majority of its properties,” according to the FCC.  The $25,000 fine is only the first shot across the hotel behemoth’s bow…Absent a speedy response, the chain is in for much higher fines and penalties.

Hilton’s lack of response may be a problem of untidy management, or, ignorance, or general disinterest, but it disregard’s the FCC’s rules at its peril. Last year, the FCC fined two Marriott entities (Marriott International, Inc. and Marriott Hotel Services, Inc.,) $600,000 for activities that took place at its Gaylord Opryland Hotel and Convention Center in Nashville. Earlier this year, the FCC fined Smart City Holdings, an entity that manages convention facilities $750,000.

Federal law provides for much steeper penalties. These include up to $112,500 for any single act of jamming with an additional $16,000 per day for continuing violations.  The government further has the right to seize the equipment, and the criminal penalties for using such equipment can include imprisonment.
What drives these steep penalties is the incredible harm to the general public than can be caused when wi-fi signals cannot get through. This is really all about the ability of first responders (police, fire, ambulance, other) to communicate point to point if and when the need arises.  Whatever the reason for blocking inside convention centers and hotels, it’s most likely driven by the ability to generate revenue. But it’s simply not tolerable—practically or legally- when compared with the interests of public safety.