The Habitat Group

Subscribe

Don’t Bar Installation of Wi-Fi Antenna in Tenant’s Space

January 1, 2005

You can’t bar a tenant from installing a Wi-Fi antenna one meter in length or less in its space, according to a public notice issued by the Federal Communications Commission (FCC) on June 24, 2004. The FCC public notice confirms that you can’t bar such an antenna installation—even if your lease gives you the right to do so, notes Maryland communications attorney Alan S. Tilles.

Three Exceptions

The public notice doesn’t give a tenant an unrestricted right to install a Wi-Fi antenna one meter in length or less in its space, Tilles points out. It sets out three exceptions that you can take advantage of, he says. You can bar the tenant from installing a Wi-Fi antenna in its space if:

  • The antenna will raise safety problems;

  • The antenna is being used in a building designated as an historic site and its placement will affect the building’s historic preservation; or

  • The tenant doesn’t have exclusive use and control of the space (such as an office building lobby).

Practical Pointer: To see the full text of the public notice, go to http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-1844A1.pdf.

CLLI Source

Alan S. Tilles, Esq.: Shareholder, Shulman, Rogers, Gandal, Pordy & Ecker, P.A., 11921 Rockville Pike, Rockville, MD 20852-2743; (301) 230-5200; atilles@srgpe.com.

Feature

Related Articles