But is the equipment abandonded? Who owns the microwave links? Who controls the structures or the leases to the structures on that agreement? Why does the other party want to hold on to the FCC licenses?
If you file with the FCC to abandon the license you’re going to need to remove them from service and then relicense them. Why not just simply relicense the gear if you own the hardware? Yes there will be a significant cost in FCC fees and PCN’s, but you can avoid the legal fight and be done with it. Then file to have the licenses abandoned to free up the spectrum later. Maybe better to consult a lawyer and frequency coordinator with specifics, not hypotheticals. Thank you, Daniel White <mailto:[email protected]> [email protected] Cell: +1 (303) 746-3590 Skype: danieldwhite Social: <http://www.linkedin.com/in/danielwhite84> LinkedIn: <https://twitter.com/DanielWhite84> Twitter From: Af [mailto:[email protected]] On Behalf Of Lewis Bergman Sent: Wednesday, March 2, 2016 3:48 PM To: [email protected] Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical Yep, I would think you would have to file a petition to cancel the license due to abandonment and relicense. I don't think you can force a transfer without a court order. I would think you would have to force the transfer due to a violation of the purchase agreement. Demand performance or some reparations. On Wed, Mar 2, 2016, 4:40 PM <[email protected] <mailto:[email protected]> > wrote: ISP B would have to give up the licenses if they are not using them I would think. You cannot license some links and then not build them out. No camping allowed, and that is the position they would have with licenses but no radios. From: cjwstudios <mailto:[email protected]> Sent: Wednesday, March 2, 2016 3:18 PM To: [email protected] <mailto:[email protected]> Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical That's great info. Hope to find a case on it. On Wed, Mar 2, 2016 at 3:14 PM, Hardy, Tim <[email protected] <mailto:[email protected]> > wrote: Part 1.948 makes it a requirement and there have been very large fines levied for transferring licenses without first gaining FCC approval From: Af [mailto:[email protected] <mailto:[email protected]> ] On Behalf Of cjwstudios Sent: Wednesday, March 02, 2016 5:09 PM To: [email protected] <mailto:[email protected]> Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical Thanks Tim, it feels like 101.55 is optional, don't you think? Would be neat to say that the trigger of a merger or similar action requires the transfer of a license. On Wed, Mar 2, 2016 at 3:04 PM, Hardy, Tim <[email protected] <mailto:[email protected]> > wrote: Not a lawyer – but 101.55 is the rule section From: Af [mailto:[email protected] <mailto:[email protected]> ] On Behalf Of John Woodfield Sent: Wednesday, March 02, 2016 5:04 PM To: [email protected] <mailto:[email protected]> Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical I had this situation, in our case the links were unneeded and antiquated so we opted to replace them. That probably doesn't help you but it was easiest for us. John Woodfield, President Delmarva WiFi Inc. 410-870-WiFi -----Original Message----- From: "cjwstudios" <[email protected] <mailto:[email protected]> > Sent: Wednesday, March 2, 2016 5:00pm To: "[email protected] <mailto:[email protected]> " <[email protected] <mailto:[email protected]> > Subject: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical I have a hypothetical I would appreciate some opinions on, knowing no one is a lawyer; If ISP A acquires ISP B's fixed microwave point to point stations which have operating licenses in an asset acquisition, and ISP B refuses to transfer said licenses to ISP A, which CFR or ruling governs ISP A's solution? Since ISP A is now the operator of the control point they would be illegally operating the point to point stations without assuming them from ISP B, am I correct? Any rulings, court cases, opinions would be super. Thanks in advance.
