[WISPA] Experimental Licenses? Public Service Commissions?

2014-07-25 Thread Sam
Two questions for you guys...

Have any of you ever heard of a requirement to obtain an Experimental 
License (via a Form 442) to start up or operate a WISP? I'm trying to 
find something online that states what sort of radio, frequency, 
activity, or anything that defines who must obtain this license, but am 
finding nothing related to unlicensed spectrum.

Have any of you ever heard of a requirement to register with a state's 
Public Service Commission (for a WISP providing Internet connectivity 
only - no VOIP, telephony, etc.)

Thanks
Sam
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Re: [WISPA] Experimental Licenses? Public Service Commissions?

2014-07-25 Thread Fred Goldstein
On 7/25/2014 12:29 PM, Sam wrote:
 Two questions for you guys...

 Have any of you ever heard of a requirement to obtain an Experimental
 License (via a Form 442) to start up or operate a WISP? I'm trying to
 find something online that states what sort of radio, frequency,
 activity, or anything that defines who must obtain this license, but am
 finding nothing related to unlicensed spectrum.

No, you don't need an Experimental license to operate a WISP.  Form 442 
is the application for an experimental license, which is governed by 
Part 5 of the FCC Rules.  Such licenses are for experimentation, 
product development, and market trials.  If equipment is type approved, 
it is not experimental, but a manufacturer might use this Part in order 
to test out new equipment or technology that isn't yet approved.  Part 5 
devices can theoretically operate in any part of the spectrum, provided 
that the license is granted -- the experimental license can be very 
specific about frequency, power, etc., as it's issued on a case-by-case 
basis.

WISPs usually operate under Part 15, which regulates unlicensed devices. 
(The 3650 MHz band is in Part 90, as it requires a non-exclusive 
license.)  So the FCC doesn't generally care about your Part 15 
operation so long as you use type-approved equipment and follow the 
appropriate rules for that equipment and the frequency it's operating 
on.  Note that there can be some special cases; under the new U-NII 
rules, if you have 1000 outdoor access points on the 5150-5250 band, 
you have to give the FCC notice.  But it's still unlicensed.

 Have any of you ever heard of a requirement to register with a state's
 Public Service Commission (for a WISP providing Internet connectivity
 only - no VOIP, telephony, etc.)

Not like a carrier.  You're providing an information service per 
federal definitions, and it's jurisdictionally interstate. It's not like 
a CLEC that needs certification. But there could be some kind of state 
business-licensing rules that apply to WISPs in some states; that's a 
legal question.

If a WISP wants to become an eligible telecommunications carrier in 
order to participate in the forthcoming Universal Service Fund reverse 
auctions and get federal USF money, it will need ETC certification, 
which usually comes from the state PUC, but I think you don't need that 
until after you win the auction.

-- 
  Fred R. Goldstein  k1io fred at interisle.net
  Interisle Consulting Group
  +1 617 795 2701

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Re: [WISPA] Experimental Licenses? Public Service Commissions?

2014-07-25 Thread Sam
Fred, thank you for your detailed and informative explanation. I knew 
someone here would know the answers.

Thanks again and have a great weekend!


On 7/25/2014 12:29, Fred Goldstein wrote:
 On 7/25/2014 12:29 PM, Sam wrote:
 Two questions for you guys...

 Have any of you ever heard of a requirement to obtain an Experimental
 License (via a Form 442) to start up or operate a WISP? I'm trying to
 find something online that states what sort of radio, frequency,
 activity, or anything that defines who must obtain this license, but am
 finding nothing related to unlicensed spectrum.

 No, you don't need an Experimental license to operate a WISP.  Form 442
 is the application for an experimental license, which is governed by
 Part 5 of the FCC Rules.  Such licenses are for experimentation,
 product development, and market trials.  If equipment is type approved,
 it is not experimental, but a manufacturer might use this Part in order
 to test out new equipment or technology that isn't yet approved.  Part 5
 devices can theoretically operate in any part of the spectrum, provided
 that the license is granted -- the experimental license can be very
 specific about frequency, power, etc., as it's issued on a case-by-case
 basis.

 WISPs usually operate under Part 15, which regulates unlicensed devices.
 (The 3650 MHz band is in Part 90, as it requires a non-exclusive
 license.)  So the FCC doesn't generally care about your Part 15
 operation so long as you use type-approved equipment and follow the
 appropriate rules for that equipment and the frequency it's operating
 on.  Note that there can be some special cases; under the new U-NII
 rules, if you have 1000 outdoor access points on the 5150-5250 band,
 you have to give the FCC notice.  But it's still unlicensed.

 Have any of you ever heard of a requirement to register with a state's
 Public Service Commission (for a WISP providing Internet connectivity
 only - no VOIP, telephony, etc.)

 Not like a carrier.  You're providing an information service per
 federal definitions, and it's jurisdictionally interstate. It's not like
 a CLEC that needs certification. But there could be some kind of state
 business-licensing rules that apply to WISPs in some states; that's a
 legal question.

 If a WISP wants to become an eligible telecommunications carrier in
 order to participate in the forthcoming Universal Service Fund reverse
 auctions and get federal USF money, it will need ETC certification,
 which usually comes from the state PUC, but I think you don't need that
 until after you win the auction.


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Re: [WISPA] Experimental Licenses? Public Service Commissions?

2014-07-25 Thread Jon Auer
So far as public service commission, that will depend on the services that
you offer.
In some states you may have to collect and remit fees and taxes for
non-Internet services (commonly L1-L2 services). You likely don't have to
ask permission to start but if you sell the wrong thing you open a big can
of worms.

E.g. in my state if you sell someone internet access and they use it for a
EoIP tunnel, that's not regulated. If you sell them a EoIP tunnel, that's
regulated.

On Fri, Jul 25, 2014 at 11:29 AM, Sam w...@csilogan.com wrote:

 Two questions for you guys...

 Have any of you ever heard of a requirement to obtain an Experimental
 License (via a Form 442) to start up or operate a WISP? I'm trying to
 find something online that states what sort of radio, frequency,
 activity, or anything that defines who must obtain this license, but am
 finding nothing related to unlicensed spectrum.

 Have any of you ever heard of a requirement to register with a state's
 Public Service Commission (for a WISP providing Internet connectivity
 only - no VOIP, telephony, etc.)

 Thanks
 Sam
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