I stand corrected. The actual text of the document indicates that the rules
apply:
"on property within the exclusive use or control of the antenna user where
the user has a direct or indirect ownership or leasehold interest in the
property"
So, if the antenna is situated on leased or owned land (residential or
commercial), OTARD can apply. However, OTARD still only deals with
end-user
antennas and not WISP broadcast service antennas.
- Larry
----- Original Message -----
From: "Matt Liotta" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, May 31, 2006 4:31 PM
Subject: Re: [WISPA] Towers and the Law
I wasn't arguing that point; I was arguing that OTARD doesn't only apply
to residential property.
-Matt
Blake Bowers wrote:
As long as you quote, Larry is correct. Look at the web page
you mention... The subject line...
Over the Air RECEPTION devices rule.
Then it does make a little exception down lower in the page,
On October 25, 2000, the Commission further amended the rule so that it
applies
to customer-end antennas that receive and transmit fixed wireless
signals.
This amendment became effective on May 25, 2001.
CUSTOMER-end antennas.
Q: Does the rule apply to hub or relay antennas?
A: The rule applies to "customer-end antennas" which are antennas placed
at a customer location for the purpose of providing service to customers
at that location. The rule does not cover antennas used to transmit
signals to and/or receive signals from multiple customer locations.
Then it pretty much squashes a WISP's antennas for providing service to
multiple users.....
----- Original Message ----- From: "Matt Liotta" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, May 31, 2006 4:11 PM
Subject: Re: [WISPA] Towers and the Law
From http://www.fcc.gov/mb/facts/otard.html...
Q: Does the rule apply to commercial property or only residential
property?
A: Nothing in the rule excludes antennas installed on commercial
property. The rule applies to property used for commercial purposes in
the same way it applies to residential property.
-Matt
Larry Yunker wrote:
For the record, OTARD applies to residential rights to have an antenna
which enables reception of TV broadcast/satelite signals. I think
that OTARD could be used to establish a similar right for a
residential use of broadband access antennas as well. However, OTARD
doesn't do anything to give the PROVIDER (rather than the end-user)
rights to install necessary antennas. So, it sounds like you got
lucky with your towers.
- Larry
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