The FCC statement on an access point refers to the unregulated nature of the frequency band used by the access point. It is shared with other access points, Bluetooth receivers, cordless phones, etc. The FCC statement is saying that the units must be designed to both minimize interference and work in the presence of interference.
Using an open access point without permission is more accurately compared to going into someone's house because the door is unlocked. In both cases, it takes a conscious act to go into the unsecured area. The fact that the area was unsecured does not grant implicit permission to enter.
Professor Hank Walker Dept. of Computer Science



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