This brings up an important issue. The difference between a Lease and a
License.
Very few Colo managers, "lease" "space" anymore, because it takes away their
right to control its use.
Instead they "license" the right to specifically do something in that space,
which is still in the control of the landlord.
Not only is it beneficial for the landlord to only issue you licenses
instead of leases, but its as importnat that you buy space from someone that
licenses to the other tenants, instead of "lease" to them. I often
specifically add text in my agreement, that prevent a licensor from doing a
future lease that would restrict my license. For example, a
non-interference clause may be uninforcable, if the licensor, "leased" part
of the roof to someone else. One of the background checks that are needed
before procuring tower space is, are there previous "leases" that would
overide or risk a given license.
I guess what I'm saying is that this ruling with the airlines, is not only a
good thing. It also has negative ramification. It also limits a leasor's
control, when you want the leasor to have control, to protect your lease. It
is clearly a victory for free use of spectrum though.
Tom DeReggi
RapidDSL & Wireless, Inc
IntAirNet- Fixed Wireless Broadband
----- Original Message -----
From: "Bob Moldashel" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Friday, November 03, 2006 8:09 AM
Subject: Re: [WISPA] OTARD
The case involved Continental Airlines providing free Internet access to
both employees and passengers who were members of their "members club".
The AP was set up in the lounge area where it was accessible to "paid
members".
Continental's position was that they were within their own exclusive
leased space and subsequently could provide such a service and were
protected under the OTARD determination and ruling.
The airport authority argued that the system could cause interference to
the airports existing master antenna system which supplied passengers with
cellular and internet access (for a fee obviously) amongst other services.
They wanted Continental to pay to put their equipment on the master
antenna system or use the airport system. In addition, they would pay for
"RF Studies" to see if the system could be placed without issue (Probably
Marlon with his spectrum analyzer! :-P ). The airport also argued that
they had listed in their lease contracts with the airline that they could
not use radio systems or spectrum not approved by the airport authority.
Clearly the Commission must have seen this otherwise..
First, I doubt that anyone in the Commission was happy with the airport
authority trying to say who could use what spectrum where. After all,
that is their exclusive job as allowed by law. So that didn't go over
well I'm sure.
Second, Continental proved, without a doubt, that they had exclusive
rights to use the space they leased. As such, they are within the OTARD
guidelines to supply the service.
And finally, the airport authority would need to suffer interference
before they could complain about Continental's Wi-Fi system. And we all
know how quick the Commission jumps on interference issues under Part 15.
Especially when you are using type accepted equipment.
I think the case settled as expected.
-B-
John Scrivner wrote:
In this particular situation the client (tenant) was owner of both ends
(base station and CPE) I think. Correct me if I am wrong. I seem to
remember reading that the airline wanted a private WiFi network for
themselves. The airport (landlord) was trying to prevent this. In this
type of a situation I think OTARD would apply regardless of the type of
equipment used.
In the event of a base station where a third party ISP is the beneficiary
of use of a base station OTARD right of access would still not apply. I
welcome feedback, corrections, rebuttals here. Truth is I know little
about this but think I would like to know more. If anyone else has
knowledge of this particular case and can add more enlightenment it is
much appreciated.
Scriv
Marlon K. Schafer (509) 982-2181 wrote:
It was.
Marlon
(509) 982-2181 Equipment sales
(408) 907-6910 (Vonage) Consulting services
42846865 (icq) And I run my own wisp!
64.146.146.12 (net meeting)
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam
----- Original Message ----- From: "Harold Bledsoe"
<[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, November 01, 2006 11:01 AM
Subject: RE: [WISPA] OTARD
Fascinating. I had always read OTARD to only cover client devices and
not base station devices.
-Hal
______________________
Harold Bledsoe
Deliberant LLC
800.742.9865 x205
[EMAIL PROTECTED] http://www.deliberant.com
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Peter R.
Sent: Wednesday, November 01, 2006 1:01 PM
To: WISPA General List
Subject: [WISPA] OTARD
CONTINENTAL AIRLINES, PETITION FOR DECLARATORY RULING REGARDING THE
OVER-THE-AIR RECEPTION DEVICES (OTARD) RULES. Found that Massport's
restrictions on Continental's use of its Wi-Fi antenna are pre-empted by
the OTARD rules and therefore granted Continental's petition. (Dkt No.
05-247). Action by: the Commission. Adopted: 10/17/2006 by MO&O. (FCC
No. 06-157). OET
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.doc>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.pdf>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A1.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A2.txt>
<http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-157A3.txt>
--
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
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