...and 100% they CAN prevent mesh, repeater, or other AP mount.

Patrick Leary
AVP WISP Markets
Alvarion, Inc.
o: 650.314.2628
c: 760.580.0080
Vonage: 650.641.1243
[EMAIL PROTECTED]

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Patrick Leary
Sent: Wednesday, October 04, 2006 3:20 PM
To: WISPA General List
Subject: RE: [WISPA] Legal insight? - OTARD VS Property Managers

Mike, they can prevent you from roof mounting if it is a multi-tenant,
multi-floor sort of building. If your customer rents a townhouse style,
you should have access. Maybe they can prevent you from holing the roof
itself for under some loop hole that protects them from risks to the
structure, but certainly they could not prevent an eave mount. 100% they
cannot prevent a mount on a subscribers' balcony.

Here is the FCC factsheet on the issue:
http://www.fcc.gov/mb/facts/otard.html


Patrick Leary
AVP WISP Markets
Alvarion, Inc.
o: 650.314.2628
c: 760.580.0080
Vonage: 650.641.1243
[EMAIL PROTECTED]

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Mike Bushard, Jr
Sent: Wednesday, October 04, 2006 12:42 PM
To: 'WISPA General List'
Subject: RE: [WISPA] Legal insight? - OTARD VS Property Managers

When I read the otard rules it seems to me that they CAN stop you from
mounting on the roof. The only place you could mount was tenant
exclusive
areas. Basically the balcony attached to the apartment.

I hope I misread it though. 

Mike Bushard, Jr
Wisper Wireless Solutions, LLC


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Chad Halsted
Sent: Wednesday, October 04, 2006 2:36 PM
To: WISPA General List
Subject: RE: [WISPA] Legal insight? - OTARD VS Property Managers

Marlon,

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
subscribers?  


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

mks:  No. OTARD covers wisps too."


-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
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.
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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