----- Original Message ----- 
From: "John Scrivner" <[EMAIL PROTECTED]>
To: <wireless@wispa.org>
Sent: Saturday, February 04, 2006 11:30 AM
Subject: [WISPA] To Break the Law or Not to Break the Law...That is
theQuestion


> I think we seem to have a little bit of twisting of thoughts and words
> that needs to get put to rest. First, I do not PROMOTE regulation in
> stating my position that I think we need to all fill out the FCC Form
> 477 which is mandated by the FCC to track broadband subscriber counts in
> the United States and is the law. This form was partly created because
> of WISPs telling the FCC for years that there were thousands of us out
> there and that we needed to be represented in the FCC. This was there
> way of tracking who they were, how they were serving broadband and how
> many customers they serve. This was there way of acknowledging you guys.

And for an agency which exists almost soley to control things...   It scares
me to death.

> The United States has a keen interest in seeing the access to broadband
> being delivered to all residents and businesses as it is seen as vital
> infrastructure by most government authorities.

The political types use this as talking points and election points.   In
reality, the internet is not that vital to the average person's life.
Information technology as a whole has been and will remain a vital segment
of a widlely diverse set of reasons for economic growth and personal
prosperity, however.    yeah, I know.  Imagine that, a WISP stating he
doesn't think that internet access is that big of an issue.

 This is a fact and will
> not change nor will their intentions of being part of the process. I
> have never once ever seen or heard anything to demonstrate that by
> filling out this form that you have done anything other than provide to
> the FCC information that they need to demonstrate that broadband is in
> fact being delivered. Whether you fill out this form or not it would
> take the FCC only about a week to shut every single one of you down if
> they had that as their agenda. They do not. They could trump up an
> argument that wireless was a national security threat or something and
> turn you off. Despite the fact that our industry (namely the broadband
> industry) is being heavily watched and manipulated in all levels of
> government I do not see one thing negative in us simply filling out the
> form which at least gives us some credibility that we need some
> representation as an industry.

This is where we disagree.   Them even HAVING my name is an alarming
situation.   The feds destroy on a whim.

 The idea that it is best for our industry
> to ignore this rule by the FCC and also limit the recognized impact of
> our industry by not sending in this information is bad for WISPs. How
> can it possibly be good for us? We are talking about the idea that
> ignoring the FCC rules is someway good? Give me a break!  It shows us as
> being negative to government (which is going to be involved whether you
> like it or not)

I AM negative toward govenrment, as any good citizen should be.  It is NOT
our master, and we have no need of 'cozying' up to it to earn its favor.  It
IS a negative and we always have to remember that.

 and it also shows to regulators that we apparently are
> NOT serving broadband. This is the very story we have been trying to
> tell for years. Once we have a vehicle to allow this to be told we seem
> to now have people on here saying it is evil.

If there are thousands of WISP's, there are thousands of independent,
go-it-alone types. All of which are very much against being intruded upon.
BTW, EVERY industry that has any FCC perview does not see the FCC as it's
buddy.   Every one of them has an at least somewhat adversarial relationship
to the regulators.   I am not sure why you think this is going to "hurt"
WISP's interests.

 This is so
> counter-productive to our mission here guys.

No, it is vital to our future.

 How is it that sending in
> comments on FCC rulemakings, visiting the FCC or anything else like that
> is ok but telling the FCC how many broadband subscribers we serve is
> bad?

Giving the FCC demographic and statistical data about broadband users is
fine.  That's no excuse for digging into every aspect of my business.   BTW,
the last .xls they sent out I could not use, since it would not edit
correctly in Open Office, and I don't use MS Office.    The current one
won't even open, as Open Office claims it is passworded.   So, I can't even
comment on the current form, and have to go from memory about the last one.

 If we want to make this a dividing issue we can but how silly is
> that guys?

Not silly at all.   I"m still at a loss why some people are petrified of
telling the feds to bugger off, and that we the people do not wish to be
under thier microscope.   I would simply make the argument that thier method
is not working because of several reasons... operators do not know, or
refuse to be under thier microscope, for the main two reasons, and that more
complete information could be had if they would stop trying to intimidate.
Or, in my case, I'd rather disconnect everyone first.   It's a principle,
John.   Maybe we as citizens of this country ought to grow a pair and start
sticking up for them.

 I do not think asking our peers to follow the law of the land
> is too much to ask.

But you seem to think it's WAY too much to tell those who wrote the stupid
role to CHANGE IT!!!

 If you guys want to get some changes made to this
> reporting system then let's have that debate but make no mistake, the
> law says you have to do it and this is not some place where you guys get
> to say "I am going to break the law and here is why".

I'd say that well more than a majority of the WISP's out there break the law
now, in at least some technical fashion.   I for one, don't see this as
good, and see the solution to this as some minor changes in the rules now in
existence, which are procedural and technical in nature, which would bring
the vast majority of non-compliant types into compliance and would make
those who blatantly disregard both the spirit and letter of the rules on the
outside and maybe enforcement more likely.

That is precisely
> where the line is drawn. You can say what you do not like about the laws
> but you do not get to promote that you break the law or that others
> should break the law. This is the line in the sand.

I don't believe a single soul here has tried to tell another to break the
law.    Let's get that straight first.   My argument is and remains that we
should tell the FCC to forget this, and offer constructive alternatives,
ones we can WITH GOOD CONSCIENCE PROMOTE AND SUPPORT.   I see nothing wrong
with that notion.

Let's just get clear right up front...   It appears you believe that if we
all appear to be good boy scouts and have feel-good politics, we're more
likely to get what we want considered.   I disagree.  I dont' think it'll
get us even 3 seconds reconsideration.   But I do believe if we make
forceful and logical, and well-reasoned arguments, it far outweighs whether
or not some of us are more than just a little atagonistic toward being
counted, filed, folded, spindled, and reported.

For one, I'd say the FCC has never dealt with the likes of WISP operators
before.   We're not like industries who hire teams of lawyers nd lobbyists
to get what we want.   WE've just gone and done.    And I don't think that
it's even slightly realistic to expect every WISP to change into some kind
of sheep.   Just recall the heated and strident arguments over the formation
of WISPA... the point remains, we ARE individualists and those of us with
even a tiny streak of independence are going to resist getting hammed into
thier pigeonhole.

IF all they truly want is information on demographics and statistics on WISP
provided connections, then let's get engaged and try to do some
horse-trading.  IF they're the reasonable people you'd like (and I'd like)
to make them out to be, they'll listen.   If they won't even consider it,
then they have other things in mind and I've been right all along.


North East Oregon Fastnet, LLC 509-593-4061
personal correspondence to:  mark at neofast dot net
sales inquiries to:  purchasing at neofast dot net
Fast Internet, NO WIRES!
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> Scriv
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