[WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
This is an example of Part-15 rules been broken, this has been going on
for years ant they recently fined,

http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html



Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Dylan Oliver

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:


This is an example of Part-15 rules been broken, this has been going on
for years ant they recently fined,

http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html



So they were running out-of-band AND over-power at 71 sites for 5 years, and
they're getting off with a fine for $20k? Sounds like a pretty light fine to
me.

Best,
--
Dylan Oliver
Primaverity, LLC
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RE: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
Yeah ... but they got the bad press.. .

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Dylan Oliver
Sent: Thursday, February 01, 2007 9:45 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:

 This is an example of Part-15 rules been broken, this has been going
on
 for years ant they recently fined,

 http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html


So they were running out-of-band AND over-power at 71 sites for 5 years,
and
they're getting off with a fine for $20k? Sounds like a pretty light
fine to
me.

Best,
-- 
Dylan Oliver
Primaverity, LLC
-- 
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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Dylan Oliver

True .. Are you seeing subscribers turn over from them to you? Did it make
the press in PR such that the average subscriber would actually know about
it?

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:


Yeah ... but they got the bad press.. .

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145



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Primaverity, LLC
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RE: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
This just hit the press today... but I wouldt count of subscribers
noticing it much

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Dylan Oliver
Sent: Thursday, February 01, 2007 10:16 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

True .. Are you seeing subscribers turn over from them to you? Did it
make
the press in PR such that the average subscriber would actually know
about
it?

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:

 Yeah ... but they got the bad press.. .

 Gino A. Villarini
 [EMAIL PROTECTED]
 Aeronet Wireless Broadband Corp.
 tel  787.273.4143   fax   787.273.4145


-- 
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Primaverity, LLC
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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Tom DeReggi

Section 15.1(b) of the Rules states that an
  intentional radiator that is not in accordance with the requirements
  of Part 15 must be licensed,

Is there and what is the licensing policy for UNII band?

what is co-channel MSS operations?-indicated as a reason why 5.1Ghz is 
only allowed indoors to prevent interferrence with it.


It sounds like this is a black eye for Axxelera as well as Neptune. Maybe 
Axxelera should share paying the fine?
Wonder what about Axxelera didn't allow it to comply? The ISP adding their 
own antennas? Or just not having variable power settings? Was the gear 
non-compliant jsut for 5.3 and 5.1, and compliant for 5.8G?


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Dylan Oliver [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, February 01, 2007 8:43 AM
Subject: Re: [WISPA] Local WISP Fined by FCC ...



On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:


This is an example of Part-15 rules been broken, this has been going on
for years ant they recently fined,

http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html



So they were running out-of-band AND over-power at 71 sites for 5 years, 
and
they're getting off with a fine for $20k? Sounds like a pretty light fine 
to

me.

Best,
--
Dylan Oliver
Primaverity, LLC
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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Tom DeReggi
Well that depends how noisy the 5.3 and 5.8 bands are that the custoemrs got 
turned to. Even worse news if you are using 5.3 and 5.8.
That means there is likely going to be an interference war, customers' 
quality of service is going to go down.  It could result in multiple WISPs 
loosing customers, IF CUSTOMERS have non-wireless options.  These are the 
things that create doubt in customer's minds.  Not necessarilly the details 
of the violation, but the never knowing when there could be an interference 
problem effecting QOS.  I'd argue that Neptune network's illegal use of 
spectrum, prevented interference for unlicensed broadband in PR.  If someone 
were to break the rules, I'd rather them broadcast in 5.1G, than in 5.3G at 
overpowered levels.  Exceeding power limts, creates interference for the 
legal competitors. Broadcasting at 5.1, just causes liabilty for the law 
breaker. That statement is being made assuming that he was not causing 5.1G 
interference with other legal 5.1G licensed users.  So are the legal 
licenced holder's currently actively using 5.1Ghz?  I'm in no way condoning 
illegal use of spectrum, I'm just discussing the severity of the violation, 
and the severity of a violation should effect the fine that is imposed for 
inforcement.  For example someone who breaks the law, as a defenses measure 
to temporarilly get their subscribers up, after interference took them down 
on their intial legal channels, should be treated more leaniently than a 
gross abuser.  In Neptune's case, it was a clear planned violation at a 
large number of sites for a long amount of time.  I'd argue that that case 
was a gross abuser, and required little leaniency.


But I'd have to argue that $20,000 is a pretty cheap fine and leanient, to 
more or less operate like they have a license for 5 years. Neptune was 
clearly a winner in that event.  But I think the FCC was leanient in this 
case, because Neptune immediately conformed on request. I'm pretty sure 
Neptune could have been given a $10,000 fine per site, if the FCC really 
wanted to be nasty. But its a difficult thing though, when ISPs are serving 
the underserved.  If the WISP is fined to heavilly, they go out of business 
and consumers suffer (Schools, hospitols, Students, etc).  So I think the 
FCC is sending a warning to the industry on this one.  Get legal, or it 
could get ugly.


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Gino Villarini [EMAIL PROTECTED]

To: WISPA General List wireless@wispa.org
Sent: Thursday, February 01, 2007 9:16 AM
Subject: RE: [WISPA] Local WISP Fined by FCC ...


This just hit the press today... but I wouldt count of subscribers
noticing it much

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Dylan Oliver
Sent: Thursday, February 01, 2007 10:16 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

True .. Are you seeing subscribers turn over from them to you? Did it
make
the press in PR such that the average subscriber would actually know
about
it?

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:


Yeah ... but they got the bad press.. .

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145



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Primaverity, LLC
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RE: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
The wisp was using stock Axxelera gear, the problem was the channels
used were either 5.1 (which is unii indoor only ) or non part 15 at all.

Im under the impression that the Axxelera gear doesn't have a way to
control power

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Tom DeReggi
Sent: Thursday, February 01, 2007 11:31 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

Section 15.1(b) of the Rules states that an
   intentional radiator that is not in accordance with the
requirements
   of Part 15 must be licensed,

Is there and what is the licensing policy for UNII band?

what is co-channel MSS operations?-indicated as a reason why 5.1Ghz is

only allowed indoors to prevent interferrence with it.

It sounds like this is a black eye for Axxelera as well as Neptune.
Maybe 
Axxelera should share paying the fine?
Wonder what about Axxelera didn't allow it to comply? The ISP adding
their 
own antennas? Or just not having variable power settings? Was the gear 
non-compliant jsut for 5.3 and 5.1, and compliant for 5.8G?

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Dylan Oliver [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, February 01, 2007 8:43 AM
Subject: Re: [WISPA] Local WISP Fined by FCC ...


 On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:

 This is an example of Part-15 rules been broken, this has been going
on
 for years ant they recently fined,

 http://www.fcc.gov/eb/FieldNotices/2003/DOC-269874A1.html


 So they were running out-of-band AND over-power at 71 sites for 5
years, 
 and
 they're getting off with a fine for $20k? Sounds like a pretty light
fine 
 to
 me.

 Best,
 -- 
 Dylan Oliver
 Primaverity, LLC
 -- 
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 Subscribe/Unsubscribe:
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RE: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
It's not clear at all if they have fully complied, the investigation was
last summer were we started seeing interference problems on the site
under investigation... the interference later disappeared go figure

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Tom DeReggi
Sent: Thursday, February 01, 2007 11:46 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

Well that depends how noisy the 5.3 and 5.8 bands are that the custoemrs
got 
turned to. Even worse news if you are using 5.3 and 5.8.
That means there is likely going to be an interference war, customers' 
quality of service is going to go down.  It could result in multiple
WISPs 
loosing customers, IF CUSTOMERS have non-wireless options.  These are
the 
things that create doubt in customer's minds.  Not necessarilly the
details 
of the violation, but the never knowing when there could be an
interference 
problem effecting QOS.  I'd argue that Neptune network's illegal use of 
spectrum, prevented interference for unlicensed broadband in PR.  If
someone 
were to break the rules, I'd rather them broadcast in 5.1G, than in 5.3G
at 
overpowered levels.  Exceeding power limts, creates interference for the

legal competitors. Broadcasting at 5.1, just causes liabilty for the law

breaker. That statement is being made assuming that he was not causing
5.1G 
interference with other legal 5.1G licensed users.  So are the legal 
licenced holder's currently actively using 5.1Ghz?  I'm in no way
condoning 
illegal use of spectrum, I'm just discussing the severity of the
violation, 
and the severity of a violation should effect the fine that is imposed
for 
inforcement.  For example someone who breaks the law, as a defenses
measure 
to temporarilly get their subscribers up, after interference took them
down 
on their intial legal channels, should be treated more leaniently than a

gross abuser.  In Neptune's case, it was a clear planned violation at a 
large number of sites for a long amount of time.  I'd argue that that
case 
was a gross abuser, and required little leaniency.

But I'd have to argue that $20,000 is a pretty cheap fine and leanient,
to 
more or less operate like they have a license for 5 years. Neptune was 
clearly a winner in that event.  But I think the FCC was leanient in
this 
case, because Neptune immediately conformed on request. I'm pretty sure 
Neptune could have been given a $10,000 fine per site, if the FCC really

wanted to be nasty. But its a difficult thing though, when ISPs are
serving 
the underserved.  If the WISP is fined to heavilly, they go out of
business 
and consumers suffer (Schools, hospitols, Students, etc).  So I think
the 
FCC is sending a warning to the industry on this one.  Get legal, or it 
could get ugly.

Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband


- Original Message - 
From: Gino Villarini [EMAIL PROTECTED]
To: WISPA General List wireless@wispa.org
Sent: Thursday, February 01, 2007 9:16 AM
Subject: RE: [WISPA] Local WISP Fined by FCC ...


This just hit the press today... but I wouldt count of subscribers
noticing it much

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Dylan Oliver
Sent: Thursday, February 01, 2007 10:16 AM
To: WISPA General List
Subject: Re: [WISPA] Local WISP Fined by FCC ...

True .. Are you seeing subscribers turn over from them to you? Did it
make
the press in PR such that the average subscriber would actually know
about
it?

On 2/1/07, Gino Villarini [EMAIL PROTECTED] wrote:

 Yeah ... but they got the bad press.. .

 Gino A. Villarini
 [EMAIL PROTECTED]
 Aeronet Wireless Broadband Corp.
 tel  787.273.4143   fax   787.273.4145


-- 
Dylan Oliver
Primaverity, LLC
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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Mike Ireton


Are you saying that it was you who reported them to the FCC? If so, had 
you tried working it out with them first or ?




Gino Villarini wrote:

It's not clear at all if they have fully complied, the investigation was
last summer were we started seeing interference problems on the site
under investigation... the interference later disappeared go figure

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145



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RE: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Gino Villarini
Nop, it wasn't me, Another local wisp reported them.  The docs are on
the FCC website

Gino A. Villarini
[EMAIL PROTECTED]
Aeronet Wireless Broadband Corp.
tel  787.273.4143   fax   787.273.4145
-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Mike Ireton
Sent: Thursday, February 01, 2007 4:01 PM
To: wireless@wispa.org
Subject: Re: [WISPA] Local WISP Fined by FCC ...


Are you saying that it was you who reported them to the FCC? If so, had 
you tried working it out with them first or ?



Gino Villarini wrote:
 It's not clear at all if they have fully complied, the investigation
was
 last summer were we started seeing interference problems on the site
 under investigation... the interference later disappeared go
figure
 
 Gino A. Villarini
 [EMAIL PROTECTED]
 Aeronet Wireless Broadband Corp.
 tel  787.273.4143   fax   787.273.4145
 

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Re: [WISPA] Local WISP Fined by FCC ...

2007-02-01 Thread Steve Stroh


If memory serves, MSS is Mobile Satellite Service.

Like many vendors, Axxcelera makes gear that is flexible in its  
frequency coverage and power output. MANY countries allow higher  
power outputs than US, as well as different spectrum usage. It's  
certainly not illegal to manufacture such devices.


But with Part 15 systems, it's the responsibility of the USER to  
insure that such equipment is being used properly, and in this case,  
the WISP wasn't doing so, having selected parameters that were not in  
accordance with US FCC Part 15.547 rules.


I also think they got off easy with a $20,000 fine. Their entire  
network could have been summarily shut down if the FCC felt that they  
were causing interference with a licensed service, not to mention  
that the FCC can request arrest and forfeiture of offenders.



Thanks,

Steve


On Feb 1, 2007, at Feb 1  07:32 AM, Tom DeReggi wrote:


Section 15.1(b) of the Rules states that an
  intentional radiator that is not in accordance with the  
requirements

  of Part 15 must be licensed,

Is there and what is the licensing policy for UNII band?

what is co-channel MSS operations?-indicated as a reason why  
5.1Ghz is only allowed indoors to prevent interferrence with it.


It sounds like this is a black eye for Axxelera as well as Neptune.  
Maybe Axxelera should share paying the fine?
Wonder what about Axxelera didn't allow it to comply? The ISP  
adding their own antennas? Or just not having variable power  
settings? Was the gear non-compliant jsut for 5.3 and 5.1, and  
compliant for 5.8G?


Tom DeReggi
RapidDSL  Wireless, Inc
IntAirNet- Fixed Wireless Broadband



---

Steve Stroh
425-939-0076 | [EMAIL PROTECTED]
Writing about BWIA again! - www.bwianews.com




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