OTARD is all well and good, but that doesn't help you with MTUs or MDUs. OTARD only applies to areas of exclusive control by the tenant. That means common areas such as roofs of apartment and office buildings are not affected by OTARD.

In cases where OTARD does apply, the property manage has the burden to prove that it doesn't by filling with the FCC. One can quickly (and cheaply) get a court order forcing the issue with the landlord until the FCC responds.

Remember, FCC regulations trump all local jurisdictions.


Chad Halsted wrote:

Just curious, have you ever had to force this issue with property
management?  I imagine this could be a difficult fight to win for a
WISP.  What happens at the end of the day when the Property Manager
tells the WISP to shove off?  Legal action?  For what, potential lost

"- Can property managers prevent my subscribers from having an
mounted antenna?

mks:  No. OTARD covers wisps too."

-----Original Message-----
Behalf Of Marlon K. Schafer (509) 982-2181
Sent: Wednesday, October 04, 2006 11:13 AM
To: WISPA General List
Subject: Re: [WISPA] Legal insight?

----- 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.

- 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.

- 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

mks:  What's an sta?

- What are the biggest "gotchas" when entering into a site acquisition

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

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