Re: [WISPA] FCC477 fines?
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/
Re: [WISPA] FCC477 fines?
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 wirelessn...@rapiddsl.netwrote: 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 bwebs...@wirelessmapping.com *To:* 'WISPA General List' wireless@wispa.org *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/ -- Ryan Ghering Network Operations - Plains.Net Office: 970-848-0475 - Cell: 970-630-1879 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/
Re: [WISPA] FCC477 fines?
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=RETRIEVEFILE=$$xa$$busc47.waisstart=1559935SIZE=1041TYPE=TEXT -Hal On Fri, May 13, 2011 at 9:29 AM, Tom DeReggi wirelessn...@rapiddsl.net 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/ WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
Re: [WISPA] FCC477 fines?
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 hbledso...@gmail.comwrote: 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=RETRIEVEFILE=$$xa$$busc47.waisstart=1559935SIZE=1041TYPE=TEXT -Hal On Fri, May 13, 2011 at 9:29 AM, Tom DeReggi wirelessn...@rapiddsl.net 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/ 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/
Re: [WISPA] FCC477 fines?
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 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/
