FCC rebukes Logan, says Continental can offer WiFi
A two-year effort by Logan International Airport officials to shut down private alternatives to the airport's $8-a-day wireless Internet service was decisively rejected yesterday by federal regulators, who blasted airport officials for raising bogus legal and technological arguments.
The Federal Communications Commission unanimously sided with Continental Airlines Inc. in a challenge Continental brought. The FCC ruled the airline has a clear right to offer WiFi access in its Terminal C lounge, and the Massachusetts Port Authority, which runs Logan, had no authority to order Continental to shut it off.
Massport activated its own WiFi service in 2004.
"Today we strike a victory for the WiFi revolution in the cradle of the American Revolution," FCC commissioner Jonathan S. Adelstein said in a prepared statement. Evoking more Revolutionary War symbols, he added: "The WiFi movement embodies the spirit of American freedom, and in our action we say 'Don't tread on me.' "
The FCC rejected Massport's claims that letting airlines provide WiFi service in their lounges could jam airline and public-safety radio systems.
Commissioner Michael J. Copps , in a separate statement, said: "The record is clear -- in fact, uncontested -- that allowing multiple WiFi operators in the airport will cause no interference to the safety-of-life communications that the airport authority conducts on its dedicated, separate, and licensed public safety channels."
"We are disappointed in the ruling," Massport spokeswoman Danny Levy said, "but [are] reviewing it carefully and weighing our options moving forward." Levy had no further comment.
The FCC action appears to open the door for other airlines to offer WiFi at Logan. In addition to Continental, T-Mobile USA was ordered by Massport to shut down a WiFi service it offered in American's Terminal B. Delta Air Lines was threatened by Massport with legal action if it offered WiFi in Terminal A.
Continental's challenge drew more than 2,000 statements of support from passengers. Top airline, consumer electronics, and telecommunications groups also weighed in against Massport, as did Partners HealthCare System, the Boston hospital giant. It said the Massport policy could have established a dangerous precedent for landlords forcing tenants to buy landlord-controlled WiFi service.
In its 25-page ruling, the FCC shredded all of Massport's legal arguments for why it should be able to regulate WiFi, which uses the same kind of unlicensed airwaves as cordless phones and baby monitors. The FCC faulted Massport for "erroneous characterizations" of fundamental federal rules and said "Massport misreads . . . and misconstrues the applicable regulatory framework."
A Continental spokesman, Dave Messing, called the ruling "a resounding victory to the airline and to consumers." Although T-Mobile was ordered to remove WiFi gear from the American lounge, Continental has been able to keep its Logan WiFi service during the appeal, Messing said.
Peter J. Howe can be reached at howe@globe.com. 
