When did they go up there? Was it before U-NII-1 was opened up? Maybe you can argue that is a separate band, since it wasn’t even available when they located there.
It is common for a lease to specify exclusivity on that tower for certain unlicensed bands, or to contain a non-interference clause. Apparently the lease doesn’t specify. Probably the city won’t want to get involved, that’s why it’s easiest for a site owner to only allow one unlicensed tenant, or one per band, they don’t want to play Judge Judy in a technical area they know nothing about. Maybe show the city a copy of one of your Part 101 licenses showing you have exclusive use of that frequency at those locations. Or borrow a 2-way license from somebody in the area and show the city a copy. Or find a cellular or paging company that is on a city structure, look up and make a copy of their FCC license. Tell the city this is the paperwork someone will have if the FCC has granted them exclusive use of spectrum, and of course the other tenant will not have anything of the kind to show. Maybe then turn their WiFi router upside down and show them the Part 15 sticker so they can understand this is exactly the same rules you and the other tenant are operating under. It would be like saying you can’t use WiFi because your next door neighbor had WiFi first. That’s not how unlicensed works. That’s not how any of this works. From: Jaime Solorza Sent: Friday, February 26, 2016 10:14 AM To: Animal Farm Subject: Re: [AFMUG] Unlicensed for dummies The basic part 15 rule says it all On Feb 26, 2016 9:13 AM, "Ty Featherling" <[email protected]> wrote: We have a co-tennant on a water tower saying that since they were there first, they get exclusive use of the entire 5GHz unlicensed band. There lease warrants no such thing and we told the the FCC doesn't either. Is there a plain english "for dummies" explanation of Part 15, specifically regarding interference and co-location? The city is involved and we need to make this stupid easy to understand. -Ty
