Petition to FCC to Declare BART Actions Unlawful

Pursuant to Section 1.2 of the Commission’s rules,1 Public Knowledge, et al., seek the following declaratory ruling from the Commission. First, that the actions taken by the Bay Area Rapid Transit District (“BART”) on August 11, 2011 violated the Communications Act of 1934, as amended, when it deliberately interfered with access to Commercial Mobile Radio Service (“CMRS”) by the public. More importantly, Petitioners request that the Commission declare, consistent with long-standing precedent with regard to wireline Title II services, that local law enforcement has no authority to suspend or deny CMRS, or to order CMRS providers to suspend or deny service, absent a properly obtained order from the Commission, a state commission of appropriate jurisdiction, or a court of law with appropriate jurisdiction.