----- Original Message -----
From: "Patrick Leary" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Monday, October 02, 2006 2:29 PM
Subject: [WISPA] Legal insight?
This outta be a fun and interesting thread:
mks: You are one mean drunk, Superman!
As it relates to this space, rate the following 1-10 (1 being high
priority and 10 being "I could care a less") in terms of important if
you could bend the mind of top legal experts to get an opinion. Add
other questions you like answered in your reply.
mks: I guess I'm a bit confused. Those are not really 1 thru 10 type
questions. Those are questions begging answers. I'll try to do both
though.
Comment or add to this list:
- What good is Form 477
mks: It's the ONLY official head count of broadband customers. 1
and do we really need to file it?
mks: Absolutely. Without known customers we have NO value in the food
chain. The more customers we have the more power we have. 1
- Does CALEA affect me?
mks: Still trying to figure that one out. I've got a note in to the FCC
for some clarification on this issue. 3
How? When? How do I solve it without it costing
an arm and a leg?
mks: Not only that, but it is really any of MY buisiness what my customers
do on the net? If someone thinks there's a problem with a customer, come to
me with a search warrent and the needed tools for the search (just like you
would come to my house....) and have fun. No one is going to want
everything they've ever done on the internet saved forever. That's the kind
of silly crap that the Nazis and Soviets did. Look where it got them. 2
- What's the real risk, if any, of not using certified systems?
mks: Realistically? Little or no risk. Although, under the rules changes
from 2005 it's pretty hard to be out of certification these days. Power
levels, that's a whole nother issue though. Gotta pay attention to them! 5
- What does it mean to have a "certified system" in the first place?
mks: It means that ALL of your radio gear, clear down to the cable level,
has made it past the FCC and is certified to work within certain parameters.
Note: I did NOT say work as advertized :-). 8
- Don't the revised rules allow me to make the choice about what base
station antennas I wish to use?
mks: Yes. 3
- How is 3650 coming along and how do it look like it will shape up?
mks: Great question. I sure wish I could get something out of the FCC.
Sinces it's an issue on the table at this time they won't talk to me. Will
they change the rules that they put out for us last year? I hope not. 1
- Does the FCC really read comments I file on anything?
mks: Yes. Even the late filings. 3
How important
(and difficult) is it for me to officially voice my comments?
mks: Within WISPA it's easy. When we find out about issues that mater to
the industry we file on the issue. We also point out EXACTLY how our
membership can also file on the issue. EVERYTHING that the FCC does, rules
wise, comes from the written reccord. If you don't voice your thoughts they
CAN'T legally act on them. And it has to be in writing, you can't just call
in and tell them what you want them to do. 3
- What the deal with the TV bands?
mks: I'm loosing hope on this one. The broadcasters are very powerful.
And they seem to be willing to pull out all of the stops on this. Clear
down to a 60 Minutes exploding gas tank version of the truth. And because
we, as an industry, aren't good at filling out our 477s we're not even give
"pimple on the but" status these days. The current chairman at the FCC has
turned out to be far less of a fan of the entrepenure than Powell was and
that's not gonna help either. 1+
- Are there realistic options for WISPs to get licensed bands?
mks: Not at this time. I know people have done so. But lets look at the
real numbers here. Last I heard the latest auction raised 14 billion
dollars. Lets say that over the next 5 years that spectrum services, oh,
500,000 subscribers. That's 28,000 per subscriber! At a profit of $10 per
broadband subscriber per month that gives us a 2,800 month payback on the
investment. Heck, get 1,000,000 subs and it's still not gonna add up to
anything but another huge dent in the broadband rollout. Auctions only do
two things. They put money into the government coffers and took
$14,000,000,000 out of the equipment, labor, marketing, etc. markets.
Auctions don't work for the consumer. Only for the government, and once in
a great while, the speculator. 2
- Do I have to cooperate with other area WISP?
mks: You don't HAVE to. But it's a very good idea. Remember, the ultimate
goal should be to service customers. Anything you do to screw up your
competitors also makes YOUR system look bad. 1
- Is there such a thing as "malicious interference"?
mks: You bet. Fortunately, it's quite rare. 8
- Does any other WISP or operator have any priority over me with
unlicensed bands?
mks: Legally, maybe. FCC wise, no. Best practices? Sure thing. The last
guy in has to work around the ones already there. 1
- When should an STA be asked for and what uses are prohibited with
STA's?
mks: What's an sta?
- What are the biggest "gotchas" when entering into a site acquisition
lease?
mks: Liability and property transfer. All of our contracts are written up
as an easment and are auto renewing. 5
- Can property managers prevent my subscribers from having an externally
mounted antenna?
mks: No. OTARD covers wisps too. 8
mks: USF reform needs to be discussed. Heck, it needs to be fixed. I
think that the quickest and easiest and fairest way to do it is to lump
broadband providers into the same pot as the current folks. Whatever gets
done in an area today would also get done for the broadband providers.
Then, in 10 years, cut it off. Or taper it down over 5 more years or
something. Give people the money that's needed to build networks out today.
Then, in 10 years they'll have multiple providers in every area, when the 10
years is up. If people haven't built a good network able to stand on it's
own then that's just too bad. The dumb ones will go under and there will
probably still be more than one provider in every area.
mks: That's not as far fetched as it may sound. Here in little ol' Odessa,
there are three voice providers (1 land line and 2 cell), 3 broadband
providers (two that use DSL and my wireless), and 3 TV choices (cable and
two sat companies). The telco and cable co are the least likely to survive
in the long run. The telco here, so I'm told, gets roughly 66% of their
income from subsidies. Not a good business model to support over the long
run in my not so humble opinion.
mks: On the other hand, if I also got $100 per sub for broadband subs like
they get for pots lines. I'd be able to put in a hech of a lot better
network than I can afford to put in right now!
mks: Hope that was what you were looking for Patrick.
Patrick Leary
AVP WISP Markets
Alvarion, Inc.
o: 650.314.2628
c: 760.580.0080
Vonage: 650.641.1243
[EMAIL PROTECTED]
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