Depends on the wording of the lease. This is why attorneys exist. LOL. I had a grain leg owner years ago build a new, taller leg right next to the one I was and rent space to a competitor. My lease did not specify the wording of “tower” enough so I was advised was all legit. From that point on all my leases had more verbage about such things.
Justin Wilson j...@mtin.net www.mtin.net www.midwest-ix.com > On Jun 28, 2017, at 2:52 PM, Mitch Koep <af...@abwisp.com> 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 >
