This is why if we a lease from a site we put in the contract that we are the only unlicensed provider allowed on that site.
  All other types of providers just not unlicensed ones :)


On 2/26/2016 10:37 AM, Ty Featherling wrote:
We have a copy of their lease and it only states, like ours, that they are to follow the regulations set forth by the FCC. I like the router comparison. I may use that one. The guy was being a tool and claiming that since we showed up his customers are complaining and that we must discontinue any use in not only the 5GHz band but 3.65 and 2.4 as well since they operate in those too. Our response was hey we ran spectrum analysis and stayed well away from existing channel usage but if there is a real interference issue we would love to work with you to resolve it. That got nowhere as he was adamant that they were there first so we should pound sand. He has no case but we are trying to make this a clear-cut and easy to understand as possible in case the city gets more involved.

-Ty



-Ty

On Fri, Feb 26, 2016 at 10:31 AM, Ken Hohhof <[email protected] <mailto:[email protected]>> wrote:

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 <mailto:[email protected]>
    *Sent:* Friday, February 26, 2016 10:14 AM
    *To:* Animal Farm <mailto:[email protected]>
    *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]
    <mailto:[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



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