Jeffrey,

I have to question the "judgement ability" (or the lack of it) of anyone who abuses the FCC rules to the extent of taking a licensed "experimental" system and using it for a commercial, revenue-generating purpose. Someone who would do this is (IMHO):

1. Someone with no business sense
2. Someone with no appreciation of (or experience with) the enforcement powers of the FCC
3. Someone who will likely turn out to be their own worst enemy
4. NOT someone who I could rely upon to provide me reliable, long-term WISP service.
              jack



jeffrey thomas wrote:

Patrick,

It doesnt change the fact that many have launched "limited" deployments
as a "test" but still charged for the access service, banking on the
fact that the FCC has set the band aside for unlicensed anyways, and
that the chance of the FCC cracking down on them is very low.
Im not saying this is right, but reality is such that they will be
evenutally amending the rules and the gear according to my sources that
is available today will be compliant. *shrug*

-

Jeff

On Tue, 23 May 2006 12:37:11 -0700, "Patrick Leary"
<[EMAIL PROTECTED]> said:

Exactly, it clearly shows that an operator today CANNOT launch any
commercial services using 3650MHz.

- Patrick

-----Original Message-----
From: Charles Wu [mailto:[EMAIL PROTECTED] Sent: Tuesday, May 23, 2006 8:40 AM
To: 'WISPA General List'
Subject: RE: [WISPA] 3650 equipment

Read below and you can decide on whether or not you will be "breaking the
law" w/ a 3650 deployment


---------------------------
To: "'WISPA General List'" <wireless@wispa.org>
Cc: <isp-wireless@isp-wireless.com>; <[EMAIL PROTECTED]>
Sent: Wednesday, February 08, 2006 6:32 AM
Subject: [equipment-l] Experimental Licensing in the 3650 MHz Band - Clarifications


Recently, there have been some misleading advertisements promising
turn-key
3.65 GHz licensing services as a means of avoiding interference in
congested
license-exempt ISM/UNII bands.  Although the FCC issued adopted rules
back
in March 2005 to open access to new spectrum for wireless broadband in
the
3.65 GHz band, a "minor" contention-based requirement has delayed the
deployment of wireless broadband services in this band as equipment
manufacturers currently work behind the scenes to iron out the details. As
things currently stand, deploying a 3.65 GHz system today falls under
Subpart 5: Experimental Radio Service of the FCC Rules.

Infrastructure Investment & Experimentation under Part 5 needs to be done
strictly from a "curiosity" perspective rather than one of "commercial
network expansion."  Part 5 permits experimentation in scientific or
technical operations directly related to the use of radio waves. The
rules
provide the opportunity to experiment with new techniques or new services
prior to submitting proposals to the FCC to change its rules.

Some useful excerpts regarding Experimental Licensing

47CFR5.3: Scope of Service

Stations operating in the Experimental Radio Service will be permitted to
conduct the following type of operations:
(a)    Experimentations in scientific or technical radio research
(b)   Experimentations under contractual agreement with the United States
Government, or for export purposes.
(c)    Communications essential to a research project.
(d)   Technical demonstrations of equipment or techniques.
(e)    Field strength surveys by persons not eligible for authorization
in
any other service.
(f)     Demonstration of equipment to prospective purchasers by persons
engaged in the business of selling radio equipment.
(g)    Testing of equipment in connection with production or regulatory
approval of such equipment.
(h)    Development of radio technique, equipment or engineering data not
related to an existing or proposed service, including field or factory
testing or calibration of equipment.
(i)      Development of radio technique, equipment, operational data or
engineering data related to an existing or proposed radio service.
(j)     Limited market studies.
(k)   Types of experiments that are not specifically covered under
paragraphs (a) through (j) of this section will be considered upon
demonstration of need

47CFR5.51: Eligibility of License

(a)    Authorizations for stations in the Experimental Radio Service will
be
issued only to persons qualified to conduct experimentation utilizing
radio
waves for scientific or technical operation data directly related to a
use
of radio not provided by existing rules; or for communications in
connection
with research projects when existing communications facilities are
inadequate.

47CFR5.63: Supplementary Statements

(a)    Each applicant for an authorization in the Experimental Radio
Service
must enclose with the application a narrative statement describing in
detail
the program of research and experimentation proposed, the specific
objectives sought to be accomplished; and how the program of
experimentation
has a reasonable promise of contribution to the development, extension,
or
expansion, or utilization of the radio art, or is along lines not already
investigated.

For further information regarding experimental licensing, the FCC has a
nice
online FAQ that gives a step-by-step how-to on experimental licensing:
http://www.fcc.gov/oet/faqs/elbfaqs.html


-------------------------------------------
CWLab
Technology Architects
http://www.cwlab.com

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