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
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