← Back to context

Comment by blantonl

14 years ago

in this case, legally it is a tricky issue and BART is probably and unfortunately in the clear on this.

BART cut power to the wireless sites in these/tunnels tations - they didn't ask the wireless providers to terminate their services. I suspect that since the wireless sites lease space and consume power from BART operated facilities, BART is well within their rights to terminate power and other services based on existing contractual agreements.

However, that doesn't make what BART did "right." It is downright disgusting and I hope that the wireless providers mount up and put some serious pressure on BART in response. Certainly the providers are paying serious money to BART to lease space to provide service to riders, and the optics of the loss of that will hurt BART far more than it will hurt the wireless providers. At the end of the day, loss of wireless lease would really be a punch in the gut to BART, not to mention the public safety issues.

9 comments

blantonl

Reply
sehugg  14 years ago

I don't know that the technical details factor into this -- BART admitted that their intent was to prevent speech and to interfere with communications, therefore it's possible they ran afoul of the First Amendment and/or the FCC. I don't know that we'll find the answer unless someone takes it to trial.

  • blantonl  14 years ago

    I'm not condoning what BART did, I think it was wrong.

    But, if you decided to use HN to organize a response to an issue and HN deleted your posts, that doesn't make HN's actions a First Amendment issue. The First Amendment does not apply for private institutions that you choose to participate on.

    • joeguilmette  14 years ago

      HN has a TOS and is a private institution. Further, HN is not part of our public telecom infrastructure - ie if I'm being stabbed during the protest they were trying to thwart, I wouldn't use HN to call an ambulance.

      BART shutting down cell service is irresponsible, deplorable and something we're going to see more and more as the first world descends into the kind of place we all see it becoming.

      1 reply →