There are laws, and then there are regulations.  The FCC code of federal 
Regulations are just that, regulations.  Not passed by congress.

From: That One Guy /sarcasm 
Sent: Thursday, December 01, 2016 7:18 PM
To: af@afmug.com 
Subject: Re: [AFMUG] Here's a question for a can of worms

there is law then there is LAW 
would it require somebody contesting a lowly wisp and a win in court to 
establish a caselaw specific to the industry?
i dont know how that stuff works at all, criminal law im pretty familiar, but 
this stuff is outside my scope for sure

On Thu, Dec 1, 2016 at 8:14 PM, Chuck McCown <ch...@wbmfg.com> wrote:

  Yeah, about then.  I posted fragments as well as a link the whole 800 page 
document.

  From: Josh Reynolds 
  Sent: Thursday, December 01, 2016 7:11 PM
  To: af@afmug.com 
  Subject: Re: [AFMUG] Here's a question for a can of worms

  I think it became law in June from what I remember.


  On Dec 1, 2016 8:01 PM, "That One Guy /sarcasm" <thatoneguyst...@gmail.com> 
wrote:

    when does any of this become a set in stone thing 


    On Thu, Dec 1, 2016 at 7:54 PM, Faisal Imtiaz <fai...@snappytelecom.net> 
wrote:

      Thanks... does anyone know what would be the process to 'test' the waters.

      say, we would like to install a pole on the ROW....

      Suggestion ?


      Regards.

      Faisal Imtiaz
      Snappy Internet & Telecom
      7266 SW 48 Street
      Miami, FL 33155
      Tel: 305 663 5518 x 232

      Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net

      ----- Original Message -----
      > From: "Mark Radabaugh" <m...@amplex.net>
      > To: af@afmug.com
      > Sent: Thursday, December 1, 2016 3:07:59 PM
      > Subject: Re: [AFMUG] Here's a question for a can of worms

      > In theory - yes.
      >
      > But keep in mind ROW is a state, county, city, or {insert political 
entity}
      > designation and that the FCC’s decision doesn’t actually get you 
anything until
      > the authority having jurisdiction {AHJ} decides to honor the FCC’s 
decision.
      > As far as I know there have not been any legal cases to test the issue 
yet.
      > With the current state of political affairs it’s hard to say if the 
FCC’s
      > Title II decision is going to stand.
      >
      > While you are filing that 477, make sure you make all the required 
disclosures
      > and filings that go with it.  You have about another 2 weeks worth of 
filling
      > out papers before you serve those 4 customers.
      >
      > Mark
      >
      >> On Dec 1, 2016, at 2:34 PM, Jay Weekley <par...@cyberbroadband.net> 
wrote:
      >>
      >> Here is a stupid question.  What is the official designation of an 
ISP?  Can I
      >> get a cable connection, re-distribute it to 4 people wirelessly,  file 
form 477
      >> and get access to the right of way?
      >>
      >> Chuck McCown wrote:
      >>> Works everywhere.  If the CATV has pole access you do too.  Same 
thing with
      >>> streets and other public places.
      >>> They may charge you a franchise fee, but it has to be the same as 
everyone else.
      >>> *From:* Kurt Fankhauser
      >>> *Sent:* Thursday, December 01, 2016 12:26 PM
      >>> *To:* af@afmug.com
      >>> *Subject:* Re: [AFMUG] Here's a question for a can of worms
      >>> Does that even work in the municipal boundaries not just rural? I was 
thinking
      >>> about deploying fiber in the city here and didn't know if the city 
could stop
      >>> me if they wanted too.
      >>> On Thu, Dec 1, 2016 at 2:24 PM, Josh Reynolds <j...@kyneticwifi.com> 
wrote:
      >>>
      >>>    What Chuck said.
      >>>
      >>>    On Dec 1, 2016 1:22 PM, "Chuck McCown" <ch...@wbmfg.com> wrote:
      >>>
      >>>        Absolutely.  You are a BIAS provider and the FCC explicitly
      >>>        defined BIAS providers as being eligible for ROW access equal
      >>>        to a public utility.
      >>>        *From:* Ben Royer
      >>>        *Sent:* Thursday, December 01, 2016 12:20 PM
      >>>        *To:* af@afmug.com
      >>>        *Subject:* [AFMUG] Here's a question for a can of worms
      >>>        Get out your can openers. Does me, the ISP, being classified
      >>>        as a common carrier, mean I get right of way access?
      >>>        Thank you,
      >>>        Ben Royer, Operations Manager
      >>>        Royell Communications, Inc.

      >>>        217-965-3699 <tel:%28217%29%20965-3699> www.royell.net
      >>>        <http://www.royell.net>
      >>>
      >>> No virus found in this message.
      >>> Checked by AVG - www.avg.com <http://www.avg.com>
      >>> Version: 2016.0.7924 / Virus Database: 4664/13518 - Release Date: 
12/01/16
      >>>





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