I think this clause of the Communications Act might be used for unlicensed spectrum violations.
"If the violator is neither a broadcast station licensee or permittee, cable television operator, or applicant for any broadcast or cable television operator license, permit, certificate or other instrument of authorization issued by the FCC, or a common carrier, the amount of the forfeiture penalty can not exceed $10,000.00 for each violation or for each day of any continuing violation, except that the amount assessed for any continuing violation can not exceed a total of $75,000.00 for any single act or failure to act constituting a violation." Or is it? "Certain sections of Part 1 of Title II contain specific penal provisions for violations. For example, Section 219 of the Act requires annual reports from communications carriers and their parent corporations, if any to file annual reports with the FCC. The failure of a carrier to file an annual report is subject to a fine of $1,200.00 for each and every day the carrier fails to file the report. The $1,200.00 fine under Section 219 is separate and distinct and not in addition to those prescribed under Sections 501 and 502 of the Act. Similarly, Sections 214, 220 and 223 have separate and distinct forfeiture provisions, which are not cumulative to the forfeiture provisions under Sections 501, 502 and 503 of the Act." Either way, not to many WISPs could afford these penalties not to mention attorneys fees, time and travel. Rick Harnish President OnlyInternet Broadband & Wireless, Inc. 260-827-2482 Office 260-307-4000 Cell 260-918-4340 VoIP www.oibw.net [EMAIL PROTECTED] -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Bob Moldashel Sent: Tuesday, February 21, 2006 9:28 PM To: WISPA General List Subject: Re: [WISPA] FCC Form 477 Due March 1st Hey Scott, By no means am I attempting to dig this up again but there are 2 trains of thought that have been brought out on this list. One is to file and let the Commission know they exist and the other is to fly under the radar. Some say letting the FCC (and others) know they exist could bring positive or negative results. Flying under the radar (providing there are no penaltys) and not reporting is another option. Giving up spectrum is not something that happens much anymore without an auction. Wisp numbers are not the only thing that will drive new unlicensed spectrum releases. Manufacturers lobbying, municipal systems, colleges and universities needs, scientific and research spectrum requirements for data. These are all things that will drive unlicensed spectrum releases IMHO if and when they happen. Now....back to my question. What happens to the provider that doesn't file???? Anyone care to suggest/project/assume/state what the official punishment is? I know what it is for the "others" (LEC's , CLEC's, Cable Operators) but what about the unlicensed operator? And what about the local university that provides "broadband" for the student for free or at a reduced rate?? Do they need to file?? Hmmm.......... -B- Scott Reed wrote: > One penalty for not filing impacts all of us, filers or not, less > attention on our needs from the FCC. Why would the commissioners > agree to give us much needed spectrum, rules we can live with, new > options in radio/antenna combinations, etc., when there are so few > willing to stand up and be counted. > > Please, file honestly. I need your "vote" for the above things. > > Scott Reed > Owner > NewWays > Wireless Networking > Network Design, Installation and Administration > www.nwwnet.net <http://www.nwwnet.net/> -- Bob Moldashel Lakeland Communications, Inc. Broadband Deployment Group 1350 Lincoln Avenue Holbrook, New York 11741 USA 800-479-9195 Toll Free US & Canada 631-585-5558 Fax 516-551-1131 Cell -- WISPA Wireless List: firstname.lastname@example.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -- WISPA Wireless List: email@example.com Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/