Review Details of Consent Decree Between Marriott and the FCC Regarding Technology that Blocks or “Contains” Third Party Wireless Access Points/Hotspots

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As you may be aware, Marriott recently entered into a consent Decree with the Federal Communications Commission (FCC) to settle an investigation by the FCC’s Enforcement Bureau in connection with the use at the Gaylord Opryland of technology that blocks or “contains” third party wireless access points or “hotspots” being operated in the hotel’s conference center.  This containment technology, which is sold by IT companies such as Aruba, Cisco and Ruckus, is designed to help manage the reliability and security of wireless networks.
 
According to the Enforcement Bureau, the use of such containment technology violated Section 333 of the Communications Act which prohibits the willful or malicious interference with radio communications of any station licensed or authorized by the FCC.
 
Marriott is currently working with the FCC to clarify under what circumstances the use of this containment can be made to address security threats to hotel networks.
 
Given this FCC action, you should determine if your hotel uses similar technology, and if so, we advise that it not be utilized to manage your Wi-Fi network.  Until the FCC provides guidance, you should consult with your legal counsel to determine if and when this technology should be used to address security threats.