Re: [WISPA] FCC477 fines?

2011-05-13 Thread Cameron Crum
Well it is certainly concerning that they are calling a WISP with fewer than
300 customers and threatening fines. I'd be curious to know how many other
wisps have been called. BTW, we still have the free 477 CSV generator
available on our site if anyone needs to file.

Cameron

On Fri, May 13, 2011 at 8:55 AM, Harold Bledsoe wrote:

> Their ability to fine an entity is covered by Title 47, Chapter 5, Section
> 502:
>
>
> http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc47.wais&start=1559935&SIZE=1041&TYPE=TEXT
>
> -Hal
>
> On Fri, May 13, 2011 at 9:29 AM, Tom DeReggi 
> wrote:
> > FCC regulation made it "mandatory" to report. Its not optionional.
> > They limited reporting detail to a level that they felt would not
> compromise
> > other privacy or confidenciality or competition laws.
> >
> > With that said...
> > I personally feel that the FCC is on legally weak grounds to force WISPs
> to
> > provide such data, for a number of reasons.
> > If I got a fine, I'd go to court to fight it, before I'd pay it.
>  However,
> > if the FCC took the time to make the cortesy call, the party in violation
> is
> > on the radar, and it would sure be much easier for the party to just
> report
> > the data, after they got that call.
> >
> > I dont think the FCC has ever fined anyone or audited the data reported.
> I
> > dont think it would go over very well if they did.
> > But I surely dont think its worth the risk to test them. They have the
> > authority to impose the fine on ISPs and WISPs for not filing.
> > (unless over turned faught in court)
> >
> > Tom DeReggi
> > RapidDSL & Wireless, Inc
> > IntAirNet- Fixed Wireless Broadband
> >
> >
> >
> > - Original Message -
> > From: Brian Webster
> > To: 'WISPA General List'
> > Sent: Friday, May 13, 2011 1:36 AM
> > Subject: Re: [WISPA] FCC477 fines?
> >
> > I believe it has been that way all along, they just never enforced it.
> >
> >
> >
> > Thank You,
> >
> > Brian Webster
> >
> > www.wirelessmapping.com
> >
> > www.Broadband-Mapping.com
> >
> >
> >
> > From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
> > Behalf Of Cameron Crum
> > Sent: Friday, May 13, 2011 12:57 AM
> > To: WISPA General List
> > Subject: [WISPA] FCC477 fines?
> >
> >
> >
> > One of our customers got a call today from the FCC. The FCC
> representative
> > on the other end told him that he had missed the deadline for filing his
> 477
> > form and that this was a courtesy call. If he did not get his filing in
> > soon, he would be subject to a fine. Well it was easy enough to rectify
> with
> > our software for him, but I'm curious as to when this became a finable
> > offense. Does anyone know? We called and questioned the FCC rep who
> > threatened our customer and he told us it was the law, although he was
> > unable to tell us when the "law" went into effect, or which piece of
> > legislation made it law and a finable offense. Can you really be fined
> for
> > this now? Any of you lurking lawyers out there know? I'd be curious to
> know.
> >
> > Regards,
> >
> > Cameron
> >
> > 
> >
> >
> 
> > WISPA Wants You! Join today!
> > http://signup.wispa.org/
> >
> 
> >
> > WISPA Wireless List: wireless@wispa.org
> >
> > Subscribe/Unsubscribe:
> > http://lists.wispa.org/mailman/listinfo/wireless
> >
> > Archives: http://lists.wispa.org/pipermail/wireless/
> >
> >
> >
> 
> > WISPA Wants You! Join today!
> > http://signup.wispa.org/
> >
> 
> >
> > WISPA Wireless List: wireless@wispa.org
> >
> > Subscribe/Unsubscribe:
> > http://lists.wispa.org/mailman/listinfo/wireless
> >
> > Archives: http://lists.wispa.org/pipermail/wireless/
> >
>
>
>
> --
> Harold Bledsoe
>
>
>
> 
> WISPA Wants You! Join today!
> http://signup.wispa.org/
>
> 
>
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>
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>
> Archives: http://lists.wispa.org/pipermail/wireless/
>



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Re: [WISPA] FCC477 fines?

2011-05-13 Thread Harold Bledsoe
Their ability to fine an entity is covered by Title 47, Chapter 5, Section 502:

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc47.wais&start=1559935&SIZE=1041&TYPE=TEXT

-Hal

On Fri, May 13, 2011 at 9:29 AM, Tom DeReggi  wrote:
> FCC regulation made it "mandatory" to report. Its not optionional.
> They limited reporting detail to a level that they felt would not compromise
> other privacy or confidenciality or competition laws.
>
> With that said...
> I personally feel that the FCC is on legally weak grounds to force WISPs to
> provide such data, for a number of reasons.
> If I got a fine, I'd go to court to fight it, before I'd pay it.  However,
> if the FCC took the time to make the cortesy call, the party in violation is
> on the radar, and it would sure be much easier for the party to just report
> the data, after they got that call.
>
> I dont think the FCC has ever fined anyone or audited the data reported. I
> dont think it would go over very well if they did.
> But I surely dont think its worth the risk to test them. They have the
> authority to impose the fine on ISPs and WISPs for not filing.
> (unless over turned faught in court)
>
> Tom DeReggi
> RapidDSL & Wireless, Inc
> IntAirNet- Fixed Wireless Broadband
>
>
>
> - Original Message -
> From: Brian Webster
> To: 'WISPA General List'
> Sent: Friday, May 13, 2011 1:36 AM
> Subject: Re: [WISPA] FCC477 fines?
>
> I believe it has been that way all along, they just never enforced it.
>
>
>
> Thank You,
>
> Brian Webster
>
> www.wirelessmapping.com
>
> www.Broadband-Mapping.com
>
>
>
> From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
> Behalf Of Cameron Crum
> Sent: Friday, May 13, 2011 12:57 AM
> To: WISPA General List
> Subject: [WISPA] FCC477 fines?
>
>
>
> One of our customers got a call today from the FCC. The FCC representative
> on the other end told him that he had missed the deadline for filing his 477
> form and that this was a courtesy call. If he did not get his filing in
> soon, he would be subject to a fine. Well it was easy enough to rectify with
> our software for him, but I'm curious as to when this became a finable
> offense. Does anyone know? We called and questioned the FCC rep who
> threatened our customer and he told us it was the law, although he was
> unable to tell us when the "law" went into effect, or which piece of
> legislation made it law and a finable offense. Can you really be fined for
> this now? Any of you lurking lawyers out there know? I'd be curious to know.
>
> Regards,
>
> Cameron
>
> 
>
> 
> WISPA Wants You! Join today!
> http://signup.wispa.org/
> 
>
> WISPA Wireless List: wireless@wispa.org
>
> Subscribe/Unsubscribe:
> http://lists.wispa.org/mailman/listinfo/wireless
>
> Archives: http://lists.wispa.org/pipermail/wireless/
>
>
> 
> WISPA Wants You! Join today!
> http://signup.wispa.org/
> 
>
> WISPA Wireless List: wireless@wispa.org
>
> Subscribe/Unsubscribe:
> http://lists.wispa.org/mailman/listinfo/wireless
>
> Archives: http://lists.wispa.org/pipermail/wireless/
>



-- 
Harold Bledsoe



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Re: [WISPA] FCC477 fines?

2011-05-13 Thread Ryan Ghering
Fining ISP's makes little sense as we are NOT regulated, as such the FCC has
no authority to fine us, other than if our wireless networks are not in the
"legal" side of things.
I'm not saying that you shouldn't file, however until we are put under
regulation, there isn't any pull to enforce it.

Ryan

On Fri, May 13, 2011 at 7:29 AM, Tom DeReggi wrote:

>  FCC regulation made it "mandatory" to report. Its not optionional.
> They limited reporting detail to a level that they felt would not
> compromise other privacy or confidenciality or competition laws.
>
> With that said...
> I personally feel that the FCC is on legally weak grounds to force WISPs to
> provide such data, for a number of reasons.
> If I got a fine, I'd go to court to fight it, before I'd pay it.  However,
> if the FCC took the time to make the cortesy call, the party in violation is
> on the radar, and it would sure be much easier for the party to just report
> the data, after they got that call.
>
> I dont think the FCC has ever fined anyone or audited the data reported. I
> dont think it would go over very well if they did.
> But I surely dont think its worth the risk to test them. They have the
> authority to impose the fine on ISPs and WISPs for not filing.
> (unless over turned faught in court)
>
> Tom DeReggi
> RapidDSL & Wireless, Inc
> IntAirNet- Fixed Wireless Broadband
>
>
>
> - Original Message -----
> *From:* Brian Webster 
> *To:* 'WISPA General List' 
> *Sent:* Friday, May 13, 2011 1:36 AM
> *Subject:* Re: [WISPA] FCC477 fines?
>
>  I believe it has been that way all along, they just never enforced it.
>
>
>
> Thank You,
>
> Brian Webster
>
> www.wirelessmapping.com
>
> www.Broadband-Mapping.com
>
>
>
> *From:* wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] *On
> Behalf Of *Cameron Crum
> *Sent:* Friday, May 13, 2011 12:57 AM
> *To:* WISPA General List
> *Subject:* [WISPA] FCC477 fines?
>
>
>
> One of our customers got a call today from the FCC. The FCC representative
> on the other end told him that he had missed the deadline for filing his 477
> form and that this was a courtesy call. If he did not get his filing in
> soon, he would be subject to a fine. Well it was easy enough to rectify with
> our software for him, but I'm curious as to when this became a finable
> offense. Does anyone know? We called and questioned the FCC rep who
> threatened our customer and he told us it was the law, although he was
> unable to tell us when the "law" went into effect, or which piece of
> legislation made it law and a finable offense. Can you really be fined for
> this now? Any of you lurking lawyers out there know? I'd be curious to know.
>
> Regards,
>
> Cameron
>
> --
>
>
>
>
> 
> WISPA Wants You! Join today!
> http://signup.wispa.org/
>
> 
>
> WISPA Wireless List: wireless@wispa.org
>
> Subscribe/Unsubscribe:
> http://lists.wispa.org/mailman/listinfo/wireless
>
> Archives: http://lists.wispa.org/pipermail/wireless/
>
>
>
>
>
> 
> WISPA Wants You! Join today!
> http://signup.wispa.org/
>
> 
>
> WISPA Wireless List: wireless@wispa.org
>
> Subscribe/Unsubscribe:
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>
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>



-- 
Ryan Ghering
Network Operations - Plains.Net
Office: 970-848-0475 - Cell: 970-630-1879



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Re: [WISPA] FCC477 fines?

2011-05-13 Thread Tom DeReggi
FCC regulation made it "mandatory" to report. Its not optionional.
They limited reporting detail to a level that they felt would not compromise 
other privacy or confidenciality or competition laws.

With that said... 
I personally feel that the FCC is on legally weak grounds to force WISPs to 
provide such data, for a number of reasons. 
If I got a fine, I'd go to court to fight it, before I'd pay it.  However, if 
the FCC took the time to make the cortesy call, the party in violation is on 
the radar, and it would sure be much easier for the party to just report the 
data, after they got that call.

I dont think the FCC has ever fined anyone or audited the data reported. I dont 
think it would go over very well if they did.
But I surely dont think its worth the risk to test them. They have the 
authority to impose the fine on ISPs and WISPs for not filing.
(unless over turned faught in court)

Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband


  - Original Message - 
  From: Brian Webster 
  To: 'WISPA General List' 
  Sent: Friday, May 13, 2011 1:36 AM
  Subject: Re: [WISPA] FCC477 fines?


  I believe it has been that way all along, they just never enforced it.

   

  Thank You,

  Brian Webster

  www.wirelessmapping.com

  www.Broadband-Mapping.com

   

  From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On 
Behalf Of Cameron Crum
  Sent: Friday, May 13, 2011 12:57 AM
  To: WISPA General List
  Subject: [WISPA] FCC477 fines?

   

  One of our customers got a call today from the FCC. The FCC representative on 
the other end told him that he had missed the deadline for filing his 477 form 
and that this was a courtesy call. If he did not get his filing in soon, he 
would be subject to a fine. Well it was easy enough to rectify with our 
software for him, but I'm curious as to when this became a finable offense. 
Does anyone know? We called and questioned the FCC rep who threatened our 
customer and he told us it was the law, although he was unable to tell us when 
the "law" went into effect, or which piece of legislation made it law and a 
finable offense. Can you really be fined for this now? Any of you lurking 
lawyers out there know? I'd be curious to know.

  Regards,

  Cameron



--




  

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Re: [WISPA] FCC477 fines?

2011-05-12 Thread Brian Webster
I believe it has been that way all along, they just never enforced it.

 

Thank You,

Brian Webster

 <http://www.wirelessmapping.com> www.wirelessmapping.com

www.Broadband-Mapping.com

 

From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Cameron Crum
Sent: Friday, May 13, 2011 12:57 AM
To: WISPA General List
Subject: [WISPA] FCC477 fines?

 

One of our customers got a call today from the FCC. The FCC representative
on the other end told him that he had missed the deadline for filing his 477
form and that this was a courtesy call. If he did not get his filing in
soon, he would be subject to a fine. Well it was easy enough to rectify with
our software for him, but I'm curious as to when this became a finable
offense. Does anyone know? We called and questioned the FCC rep who
threatened our customer and he told us it was the law, although he was
unable to tell us when the "law" went into effect, or which piece of
legislation made it law and a finable offense. Can you really be fined for
this now? Any of you lurking lawyers out there know? I'd be curious to know.

Regards,

Cameron




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[WISPA] FCC477 fines?

2011-05-12 Thread Cameron Crum
One of our customers got a call today from the FCC. The FCC representative
on the other end told him that he had missed the deadline for filing his 477
form and that this was a courtesy call. If he did not get his filing in
soon, he would be subject to a fine. Well it was easy enough to rectify with
our software for him, but I'm curious as to when this became a finable
offense. Does anyone know? We called and questioned the FCC rep who
threatened our customer and he told us it was the law, although he was
unable to tell us when the "law" went into effect, or which piece of
legislation made it law and a finable offense. Can you really be fined for
this now? Any of you lurking lawyers out there know? I'd be curious to know.

Regards,

Cameron



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