Legality of wireless hot spots brought into focus by TBi ruling
The Telecommunications Commission ruling ordering TBi to shut down its Wi-Fi service for visitors in Dockyard and Hamilton has raised questions about whether other businesses providing similar wireless internet hot spots are legal.However, Government yesterday would not be drawn into the debate, referring all questions about the ruling to the Commission chairman Ronald Simmons.But by press time, Mr Simmons had not responded to our questions, including whether other businesses providing Wi-Fi had or needed the proper licences.TBi said it plans to fight the ruling that both Wedco and the City of Hamilton were in “contravention of the law” and must obtain approval and Public Telecoms Service Licences in order to continue offering the TBi Wi-Fi service to the public in Dockyard and the City. North Rock and Logic had complained to the Commission about the service.Last month Digicel rolled out Wi-Fi at Horseshoe Bay; but an IT industry source said Digicel’s licence allowed them to do it.Another industry source said so-called 802.11 (Wi-Fi frequencies) were unlicensed spectrum and homes and businesses all over the Island were using this 802.11 spectrum without a licence.“What makes Wedco and Corporation of Hamilton any different?” the insider asked. “All the cafes and restaurants with Wi-Fi? Do they all have licences?”The insider added: “This is bringing US dollars into Bermuda. The majority of the users ... are tourists and business travellers. What is the real problem here?”A source said at least one other provider in Hamilton offers the same Wi-Fi hot spot service for almost the exact same fee structure as TBi: “Do they need a licence too?“And in Dockyard there is another besides Wedco providing Wi-Fi service with a similar fee structure ... “Another IT expert said both TBi and Logic offered Wi-Fi service to the public for a fee at their offices.“Only North Rock, CellOne and Digicel are permitted to offer wireless in this capacity,” the expert said. “Also, the coffee shops and restaurants don’t have access licences — so they can be fined, by the law.“TBi and Logic on the other hand can have their primary licences pulled completely ...”However, on that point, TBi’s position is it does have commercial ISP services as a part of its existing licence. It is restricted only from providing residential services.