is there realistically any recourse?

On Wed, Jun 28, 2017 at 1:52 PM, Mitch Koep <[email protected]> wrote:

> And your question is?
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> On 6/27/2017 11:05 PM, Steve Jones wrote:
>
>> I am not asking about any FCC Part X rules, I know this isn't an FCC
>> issue under any circumstances.
>>
>> We have leases with all our POP landlords, in the lease we own the site
>> spectrum, with the exception of very few locations we don't collocate, just
>> not worth the hassle.
>>
>> I come rolling up on a site today, 100 feet from our POP is a new POP,
>> not us, cause though I used to enjoy spooning some powder with baking soda,
>> I don't smoke crack, POP#2 isn't ours, even though its on the same
>> property, Id recall a full EPMP and backhaul deployment.
>>
>> I'm an honest operator, very honest, like the first time UBT sent us new
>> stickers for spectrum I made sure we actually put them out (be honest,
>> pretty much NOBODY did that) I turn down power where we don't need it. I do
>> my best to make sure we are compliant. I fought bosses to remove non
>> compliant stuff I put up before I knew better. For the most part, I'm a
>> good fucking neighbor, ask anybody abutting me. (with the exception of one
>> location I collocate where I'm a dick, but a legal dick)
>>
>> So you can understand my dismay, being the pillar of the spectrum
>> community Ive tried to be (also found out today I inadvertently fucked a
>> fellow wisp on a bad choice I made with no follow up, I owned it with him
>> and will be working on fixing that as of tomorrow)
>>
>> I approach everything with combat boots, assuming a battle. I'm guessing
>> when it gets in the database this backhaul is going to be UBNT 11ghz, or
>> some other nonsense (probably affiliated with the over wind loaded tower
>> 3/4 miles away with 3, yes 3, UBNT 5ghz peanut shaped airfibers within 8
>> feet of one another (one link, one side points to the sky the other side
>> points to the dirt)
>>
>> The question I have is about lease rules, and contract law, which the
>> bulk of you old timers has dealt with. If the other operator (if its who I
>> suspect it is, they use fuckery, like the UBNT demo mode, or whatever its
>> called and other such garbage to even operate overpowered in DFS channels)
>> doesn't want to play ball, as in "shut that shit off" will we be able to
>> fight it?
>>
>> I know what went down, and how it went down, and I suspect I know who it
>> is. The usual, guy approaches a site owner, offers unrealistic unicorn
>> farts, unicorn farts always win, spectrum gets fucked.
>>
>> We do 5 year auto renewing leases, with 2 year breakouts. (you guys would
>> likely cream your jeans seeing our lease, and though Ive asked, no I cant
>> share it publicly, and yes, it was drawn up by an attorney) we get full
>> control of the 5, 6, 11, 3, 2, 900mhz, etc spectrum (I don't have a lease
>> handy to see the specific wording) per the site.
>>
>> I know we wouldn't have a horse in the race with the FCC, but with this
>> boiling down to contract law, whats to stop us from A. willful interference
>> (assuming out power doesn't get cut) and B. a cease and desist from a court
>> for the other ISP, pending the 2 year termination?
>>
>> I'm handing this to the boss to handle, because my communication will
>> start with "listen here motherfucker" and I don't see that as conducive to
>> a positive outcome. I had my boy with me when I came to the site today
>> because I was just getting accurate AGLs for bringing in a licensed
>> backhaul. If he hadn't been with me, I probably would have yanked their
>> ghetto enclosure off the wall and shot their antennas.
>>
>> Ill tell you what, I'm about to start acting like a lot of these yahoos
>> and saying fuck the FCC, fuck good stewardship of the spectrum, and fuck
>> general good manners.
>>
>> TBH I'm not sure if I'm asking advice here or just venting. probably
>> both. but FYI, I'm so pissed off right now, if you have an ex old lady who
>> needs disappeared, I'm your freaking guy
>>
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