I have had equipment deployed on a local water tank for about the last two years.  The setup has been sectorized and using 3 120 degree 2.4 GHz channels since we deployed.  I also have 4 5.8 GHz links running and one 5.3 GHz.  Basically this site is vital to my network and I have used a large chunk of the unlicensed spectrum.

 

About a year ago another company deployed a 5.8 GHz backhaul link and a 2.4 GHz omni on the residence that is approximately 100 yards away from the tank.  Their initial deployment created 2.4 GHz interference with my existing customers and I squeezed my existing sectorized channels together to get away from it.  I’ve been using 4, 7, and 11 while they have been deployed on 1.

 

In the past I have used a spectrum analyzer to evaluate the signals from both my site and theirs.  I believe all of my equipment is running right at 36 dB as allowed by law for point to multipoint.  When measured with the same antenna from the same distance, their signal is approximately 7 dB higher than mine.  In addition to the excessive power it also appears the amp they are using is dirty and the channel width is wider than anything I am running.

 

Their initial deployment really upset me as their lack of engineering judgment or just plain stupidity created issues for my customers who had reliable links before.  I couldn’t believe that anyone would choose to deploy 2.4 GHz within a hundred yards of an existing installation that was already using the entire spectrum.  I have tolerated the situation and dealt with the interference on my lower channel by over engineering any links to that sector.  I have also had my backhaul link performance intermittently knocked off line after they changed channels on their 5.8 GHz equipment. 

 

During the backhaul interference issue I contacted the company and give them credit for working with me to resolve the issue.  During that conversation they informed me they were more than willing to coordinate with me and would notify me if they were changing channels.

 

Over the last few weeks I have been fighting with numerous troublesome client connections on two different sectors that had been running without issue.  Today I went to the tank to upgrade the remaining 2 APPO units to a StarOS WRAP setup in an effort to improve performance. 

 

When I arrived I found that my competitor has now installed a 50 ft. pole and has deployed an additional 4 radios on it.  Needless to say I immediately understood why so many of my customers were experiencing issues.  I also see that the competitor was really sincere about contacting me around channel usage.    

 

My questions are what are my legal options, has anyone dealt with this type of situation before (deployment within 100 yards), and what kind of lawyer should I contact (any referrals are welecome)?  With the current heavy usage of spectrum at this site I do not believe there is any option of let’s play nice and coordinate channels.  There aren’t any left to coordinate and they were all used before they deployed.  I don’t feel I have any option but legal action. 

 

From past list discussions I am under the impression that there may be the non FCC involved option of filing “interfering with my ability to conduct business” suit.  Any comments on this would be greatly appreciated. 

 

I also believe I may have recourse with the FCC.  I am confident they are exceeding the legal EIRP on their amped omni as one issue.  I also question if their behavior could be construed as intentionally causing interference.  Knowingly deploying within 100 yards of an existing site that is already utilizing the spectrum seems to create a situation that can not avoid interference.  If they didn’t know at the time of their initial deployment they were made aware of exactly what spectrum was being used since via voice and email exchanges.  Even if they are not competent enough to use a spectrum analyzer they had been informed of both the existing and potential for further interference issues before the deployment of the new additional 4 radios I found today.  I’m not really sure I want to go down this path but again I don’t believe they have left me any other options.  How do I begin a conversation with the FCC related to this situation?

 

Any and all comments would be greatly appreciated.   

 

Todd Barber

Skylink Broadband Internet

[EMAIL PROTECTED]

970-454-9499

 

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