Re: [WISPA] Middle Class Spectrum Policy

2006-05-29 Thread John Scrivner

Replies inline:

Patrick Leary wrote:


I favor substantial use rules and also agree in rejecting squatters rights.
A method of issuing licenses I like is the following:

1. licenses are broken up into regional and local.
 

Why not license by base station? Then a provider cannot ignore 
under-served areas. They must serve the area completely or someone else 
makes a business case and serves the area.  Under the plan I proposed 
the area runs unlicensed if substantial use is not able to be reached. 
No need for license costs or property protection if you cannot make a 
business case to build out to begin with or if a service area has too 
few people to require license protection. Why build layers of 
administrative overhead for the whole country when some areas run fine 
on unlicensed. Let the market dictate where the licenses are needed and 
where they are not. Why should someone be pronounced ruler of the 
frequency in a place they do not serve? Set licensing by base station 
and see how many people make the jump from unlicensed to licensed 
delivery of broadband in this country. You will see the whole country 
served effectively with wireless broadband very quickly under my plan. 
Your plan is still requiring more time and money before anything gets 
built. I am surprised Alvarion is not not jumping on my plan. My plan 
could sell much more gear than your plan for sure. I am sure of it.



2. the government sets the price in advance
 

We already own these frequencies. Why pay a big chunk to the government 
for something we already own? This is simply a way to cause services to 
cost more and limit speed of growth. It cracks me up that we have big 
companies crying that they cannot afford to build broadband into rural 
areas without USF but they think it is fine to pay billions for 
frequencies to do the job. I smell a big rat in that game.


It is easy to limit the number of providers who can deliver broadband 
wirelessly if it costs billions to own all the frequencies in advance 
and the precious few megasuck.nets in turn get billions in subsidies 
through USF to build out their network after the fact.  Talk about  
hand-outs. Who is getting the hand-outs from your plan?


Your proposal basically makes the process inaccessible to many 
entrepreneurs and adds overhead cost and slows deployment. I would agree 
that a monthly or yearly fee should be paid to own and maintain a 
license. Of course under my plan you could just run unlicensed if you do 
not feel the need to pay for a license with the rights of property 
protections which can be afforded by government involvement in the 
process. Basically if you want the government to help protect your 
property interest through a license then you should expect to pay the 
government to help protect you. If you do not need protection then you 
can still use the band if nobody else has built it up and licensed it in 
your location



3. competing parties submit proposals
 

How many million proposals would be required to have enough granularity 
for this to work for anyone but megasuck.net to get a license? Nobody 
but a megasuck.net conglomerate would be able to compete. This is just 
another way to do the same crap that has led us to a world of spectrum 
haves and have nots. Patrick, please try to believe for once that anyone 
who runs a broadband company does not need to have $25 million in the 
bank or they should not be in the game. Entrepreneurs need a chance in 
this game. They do not need to have ALL the game by any means but they 
should have a shot at the game. Under your proposal there is no chance 
for a startup to get a license without millions of dollars backing him. 
This does not foster innovation and stimulate new opportunities for anyone.



4. the proposals are evaluated on their benefit to the public
 

And who does this? Who gets to say my proposal is better than yours? Why 
not let those who must drink the punch have a say in who is serving it? 
My proposal does this by allowing a group being served to request the 
loss of a license for a holder who is charging too much or delivering 
bad service. They get a say. License holders would not get a license at 
all if the people in the area served decided not to buy from them. Your 
plan is more of the same government as usual program where people have 
no real say in their future and local interests do not get a chance to 
build communications for their area. My plan allows local interests to 
have a level field without taking any opportunity away from anyone 
including the big guys. Your plan excludes smaller companies who are not 
well funded from the start. Do not forget that Apple started in a garage.



5. parties are also evaluated on their ability to implement
 

My plan does this already. In my plan you have to build the network 
first, then you get your license if people buy it and like it.  If you 
cannot get market share under unlicensed then applying for a license is 
not going 

Re: [WISPA] Middle Class Spectrum Policy was:3650 equipment

2006-05-29 Thread Tom DeReggi

4. the proposals are evaluated on their benefit to the public


These are the two flawed areas.  Who is qualified to make the decission? The 
proposals that best show they will benefit the public, will most likely be 
the same ones that are selling a vapor solution that will never work.  The 
realistic providers that are honest about what the technology or for that 
matter the business model will deliver are the ones that will lose.  The 
bigger promisers not deliverers will win.



5. parties are also evaluated on their ability to implement


Once again, support for large single monopoly, apposed to support of 
competition of the many small players.
The ones that are best financially capable to implement are not the ones 
that are best morally to deliver the targeted result.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Patrick Leary [EMAIL PROTECTED]

To: 'WISPA General List' wireless@wispa.org
Sent: Saturday, May 27, 2006 11:45 AM
Subject: RE: [WISPA] Middle Class Spectrum Policy was:3650 equipment



I favor substantial use rules and also agree in rejecting squatters rights.
A method of issuing licenses I like is the following:

1. licenses are broken up into regional and local.
2. the government sets the price in advance
3. competing parties submit proposals
4. the proposals are evaluated on their benefit to the public
5. parties are also evaluated on their ability to implement
6. a proposal is picked, a license awarded, a timeframe set
7. parties failing in the timeframe requirement lose their license

That is a good model in some cases. I also think that auctions have their
place, but have to be carefully managed and evidence of collusion needs to
be punished massively. I also think unlicensed has its place, and I am all
for a registration requirement (not a license, but a registration of 
active

base stations for ALL commercial UL operators), which is something I
conceived of and proposed to the Spectrum Policy Task Force back in 2002.

With all do respect John, I do not buy the power to the people argument.
And I don't buy that all WISPs are pure and good and have the public
interest at heart. Most WISPs deploy to fill their capacity, they do not
deploy to address equity issues or to make sure that anyone in the cell 
that

wants access gets it. Most WISPs are just as much capitalists pigs as the
big guys, only on a smaller scale. And that is fine, but let's not pretend
there is some sort of special nobility just by virtue of being a WISP. 
I've

seen my share of folks that I consider noble, but it does not make their
business noble. And I've seen more than my share of opportunist scumbags
praying on customers, abusing rules, etc.

Nothing prevents anyone from creating a business plan that can attract
capital and investment and the government is under no obligation to offer
commercial rights to those that cannot. Many WISPs started very humbly and
succeeded brick by brick and now have multi-million dollar businesses.

If a BWA-dedicated UL is finally created, you should realize that anyone 
can

use it, even those companies you revile. There are no rights for use by
WISPs only.

Patrick Leary
AVP Marketing
Alvarion, Inc.
o: 650.314.2628
c: 760.580.0080
Vonage: 650.641.1243

-Original Message-
From: John Scrivner [mailto:[EMAIL PROTECTED]
Sent: Saturday, May 27, 2006 7:48 AM
To: WISPA General List
Subject: [WISPA] Middle Class Spectrum Policy was:3650 equipment

It would be amazing if one time our government could get spectrum policy
right. Up until now they have not got it right even once regarding
access to spectrum in my opinion. Unlicensed is closer to right than
licensed because it at least allows other entrants into the space other
than just the ultra-rich. It gives back some of the power to the people.
Unlicensed is wrong because it has no possibility of protections at all
for those who use this to build their business. That completely stinks..
License auctions create a land grab mentality with little to no
thought given to how people will be served in the long run. We have seen
this fail time and time again.

The right way is for us to finally have a band dedicated to broadband
use with some right to run a little power...please!... for God's
sake!...give us some power one time! It would start as unlicensed with
registration required. As the band could be proven to be substantially
used (serving real customers with actual services) by an operator then
licenses would be issued. A license would be for only one base station
though. If an operator shows he has customers served on a base station
then he can apply for a license. No more blanket region licenses. The
substantial use provision means nobody gets squatters rights. You either
prove you are using the band to serve actual customers on a base station
or you run unlicensed until you can prove substantial use.

Then the incentive is for operators to build out a 

Re: [WISPA] Coming soon: The Web toll - Last post on this subject

2006-05-29 Thread Peter R.

Frank,

In the same day as your post on WISPA, you are asking if anyone is 
filing comments to the BST-ATT merger on other lists.  Surely, your 
supporters will at least take 5 minutes to write a comment. No? Why not?
Because it is easier to say I support something verbally than to 
actually do something.


It is free to join WISPA, yet only 71 have listed their names / signed up.

II4A hired 2 lobbyists to write 7 template letters each, so that the 14 
templates would sound and look different.
Just download, sign and fax to your Congress Critter. How many people 
downloaded them? Less than 15.


At ISP-CEO, you could not concisely explain what the lawsuit purpose or 
goal was. (Maybe you announced too early).

Then when pushed you said: Physical Separation.

As PA has been the only state to ever consider such a notion, perhaps 
viewing the outcome in that state would be appropriate. (Remember that 
PA let VZ have final approval of all muni BB projects, by law).


Bruce Kushnick at TeleTruth has reams of documents. Piles of data. 
Probably a smoking gun. Yet you poo-poo his attempts.


I was one of the early birds to see that Brand-X was a Pandora's Box. 
There was no victory possible.
Recall last April, many legal and industry experts were betting that we 
would win Brand-X.


Part of me worries that the lawsuit will render all ISPs obsolete. 
Especially without a roadmap. And part of planning is to learn from 
others mistakes, not state: Past experiences of others, especially 
those of impotent state PUC's do not interest me, times are different 
and so are the issues.


Cynthia has been pounding the halls of the Hill doing a great job. 
However, during this past year, this industry has been on the receiving 
end of some serious setbacks.  Advocate. Lobbyist. The game is called 
Politics.  It is played at a truly high level in DC with billions of 
dollars up for grabs. It's like playing Texas Hold-em with a handful of 
chips.


A little Anti-Trust history. The US vs. GE anti-trust case was dismissed 
after 9 years. Assistant Attorney General in charge of the department's 
antitrust division, said the case had been dismissed because the passage 
of time had reduced the significance of the case and any court order the 
Government might win.


Microsoft had over 130 private anti-trust suits filed against it. Did 
anyone win one?

The US vs. MS lasted 5 years.
Covad filed against VZ, but that was just a bargaining move.
Covad is still suing BST, filed in 2002.
NorthPoint tried to sue VZ for $4B in anti-trust, but settled for a 5% 
ownership.

Sun has been suing Microsoft.
SCO is suing IBM.
Do you see the pattern here? Lots of big cases that take lots of time, 
energy, effort and money. And the only winners are the lawyers.


I say expend the energy building a business based on Layer 1 or Layer 7.

Regards,

Peter
RAD-INFO, Inc.

For history's sake:
Former Member of FISPA on Vendor Committee and Legislative Committeee 
(even chaired the LC)
One of the Founders of the Independent ISPs for America (www.ii4a.org) 
and currently part-time director.

Search the FCC comment site: 17 filed comments





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Re: [WISPA] Coming soon: The Web toll - Last post on this subject

2006-05-29 Thread Frank Muto

I am sure WISPA has a membership fee. As for the announcement, it was just
that, an announcement. Surely even you can understand that any other
information would not be a strategic move. I actually wanted to announce
earlier but felt the ISP-CEO Exchange was better time slot.

I'll stick with my statement on what others have done in the past. As for
Brand-X, a lot of people learned from that, but it was not about what we
(had) a right to and that was access to the last mile from the copper.

As for Bruce, yes there are something's that were not of interest for the
ISP. As a former Dialup provider, I was not interested in local or LD
services, but access to expand our service to Broadband. And yes Bruce has a
wealth of information that may prove beneficial and perhaps he can
potentially benefit. But as Bruce has told me, he has pitched it to many law
firms with no takers. The WBIA on the other hand has counsel.

Thanks for the history overview, but I am sure that counsel is aware of
other
litigation and I'm sure fully aware of how many wrong decisions have
effected the competitive service providers.

That said, there is a lot of work ahead and for those I have spoken with are
not willing to give up and just lay down.



Frank Muto
Co-founder -  Washington Bureau for ISP Advocacy - WBIA
Telecom Summit Ad Hoc Committee
http://gigabytemarch.blog.com/ www.wbia.us







- Original Message - 
From: Peter R. [EMAIL PROTECTED]




Frank,

In the same day as your post on WISPA, you are asking if anyone is filing
comments to the BST-ATT merger on other lists.  Surely, your supporters
will at least take 5 minutes to write a comment. No? Why not?
Because it is easier to say I support something verbally than to actually
do something.

It is free to join WISPA, yet only 71 have listed their names / signed up.

II4A hired 2 lobbyists to write 7 template letters each, so that the 14
templates would sound and look different.
Just download, sign and fax to your Congress Critter. How many people
downloaded them? Less than 15.

At ISP-CEO, you could not concisely explain what the lawsuit purpose or
goal was. (Maybe you announced too early).
Then when pushed you said: Physical Separation.

As PA has been the only state to ever consider such a notion, perhaps
viewing the outcome in that state would be appropriate. (Remember that PA
let VZ have final approval of all muni BB projects, by law).

Bruce Kushnick at TeleTruth has reams of documents. Piles of data.
Probably a smoking gun. Yet you poo-poo his attempts.

I was one of the early birds to see that Brand-X was a Pandora's Box.
There was no victory possible.
Recall last April, many legal and industry experts were betting that we
would win Brand-X.

Part of me worries that the lawsuit will render all ISPs obsolete.
Especially without a roadmap. And part of planning is to learn from others
mistakes, not state: Past experiences of others, especially those of
impotent state PUC's do not interest me, times are different and so are
the issues.

Cynthia has been pounding the halls of the Hill doing a great job.
However, during this past year, this industry has been on the receiving
end of some serious setbacks.  Advocate. Lobbyist. The game is called
Politics.  It is played at a truly high level in DC with billions of
dollars up for grabs. It's like playing Texas Hold-em with a handful of
chips.

A little Anti-Trust history. The US vs. GE anti-trust case was dismissed
after 9 years. Assistant Attorney General in charge of the department's
antitrust division, said the case had been dismissed because the passage
of time had reduced the significance of the case and any court order the
Government might win.

Microsoft had over 130 private anti-trust suits filed against it. Did
anyone win one?
The US vs. MS lasted 5 years.
Covad filed against VZ, but that was just a bargaining move.
Covad is still suing BST, filed in 2002.
NorthPoint tried to sue VZ for $4B in anti-trust, but settled for a 5%
ownership.
Sun has been suing Microsoft.
SCO is suing IBM.
Do you see the pattern here? Lots of big cases that take lots of time,
energy, effort and money. And the only winners are the lawyers.

I say expend the energy building a business based on Layer 1 or Layer 7.

Regards,

Peter


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