Seems to me that the wording of the contract is the key to this. What does it define as the "site" that you have exclusive rights to. I believe our contract indicates either an address or a specific structure on an address if we include exclusive rights (which we typically do). IANAL but I would guess that if your contract doesn't include specifics to the amount of area that you have exclusive rights to that you would not win. The other WISP does not have any contract with you that they are violating. The landlord is the only violator. The obvious problem with that if it escalates you end up with a bad relationship with the landlord and end up pretty much losing either way.
From: Af [mailto:[email protected]] On Behalf Of Steve Jones Sent: Wednesday, June 28, 2017 2:21 PM To: [email protected] Subject: Re: [AFMUG] Dealing with a lease violation (5ghz) that's what I'm wondering, I guess if we got a cease and desist it would be against the landlord, who would have to stop the tenant? On Wed, Jun 28, 2017 at 2:16 PM, Chris Fabien <[email protected]<mailto:[email protected]>> wrote: Your recourse would be with the landlord. Unfortunately this puts them in a bad situation since they violated the terms of your lease with them. I don't think you have any way to make a claim agianst the other ISP unless you had some non-compete agreement with them or something. On Wed, Jun 28, 2017 at 3:10 PM, Steve Jones <[email protected]<mailto:[email protected]>> wrote: is there realistically any recourse? On Wed, Jun 28, 2017 at 1:52 PM, Mitch Koep <[email protected]<mailto:[email protected]>> wrote: And your question is? 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 ________________________________ Total Control Panel Login<https://asp.reflexion.net/login?domain=litewire.net> To: [email protected]<https://asp.reflexion.net/address-properties?aID=242260993&domain=litewire.net> From: 0100015cf025e297-9f2304e0-870a-4e3b-be06-7b805a31cf79-000...@amazonses.com Remove<https://asp.reflexion.net/FooterAction?ver=3&un-wl-sender-domain=1&hID=22012123455&domain=litewire.net> amazonses.com from my allow list You received this message because the domain amazonses.com is on your allow list.
