The FCC says landlords, associations can't regulate Part 15 use: The FCC's Office of Engineering and Technology says that the function of regulating and coordinating frequency use is reserved to the FCC itself. It's a clear refutation of mall owners, airports, and condominium associations to limit use of Wi-Fi and other wireless technologies. (Document as Word, PDF, Text.)

The report says in part, the FCC has exclusive authority to resolve matters involving radio frequency interference [RFI] when unlicensed devices are being used, regardless of venue. We also affirm that the rights that consumers have under our rules to install and operate customer antennas one meter or less in size apply to the operation of unlicensed equipment, such as Wi-Fi access points - just as they do to the use of equipment in connection with fixed wireless services licensed by the FCC.

And it's hard to put their conclusion any better than they themselves: The rules prohibit homeowner associations, landlords, state and local governments, or any other third parties from placing restrictions that impair a customer antenna user's ability to install, maintain, or use such customer antennas transmitting and/or receiving commercial nonbroadcast communications signals when the antenna is located "on property within the exclusive use or control" of the user where the user has a "direct or indirect ownership or leasehold interest in the property, except under certain exceptions for safety and historic preservation."

Dewayne Hendricks notes in his post of this order that airports' only recourse now is to
appeal this decision to the entire Commission. In other words, airlines, start your (Wi-Fi) engines. [link via Dewayne Hendricks]