As I was saying, the FCC is getting a bit edgy about WISPs deciding for themselves what rules are important. I believe they were set off in this case (or made to respond) because former FCC policy chief, Robert Canary (now with Cisco), has been posting on the isp-wireless list that WISPs are not obligated to file Form 477.
Patrick Leary AVP WISP Markets Alvarion, Inc. o: 650.314.2628 c: 760.580.0080 Vonage: 650.641.1243 [EMAIL PROTECTED] -----Original Message----- From: S.Y.W.S.S. [mailto:[EMAIL PROTECTED] Sent: Tuesday, February 06, 2007 9:11 AM To: isp-wireless@isp-wireless.com Subject: Re: [isp-wireless] FBI .......... Changed to CALEA and WISPs... This just in from the FCC. Apparently the WISP community is discussing both obligations under CALEA and obligations to file FCC Form 477. I am in the Commission's Wireline Competition Bureau and what I know about is the FCC Form 477. CALEA matters are handled by the Commission's Public Safety & Homeland Security Bureau. That Bureau's website is http://www.fcc.gov/pshs/ and they have a page about CALEA at http://www.fcc.gov/calea/, which lists the FCC staff working on CALEA matters and their phone numbers and provides general information about CALEA. As required by law, FCC Form 477 has been reviewed and approved by the President's Office of Management and Budget (OMB). The Commission's legal right to ask for the information in FCC Form 477 is set out in the last section (at pages 16-17) of the FCC Form 477 Instructions at http://www.fcc.gov/Forms/Form477/477instr.pdf. As I wrote to you yesterday, the definition of "facilities-based" for the purposes of FCC Form 477 -- and I emphasize, for the specific purposes of FCC Form 477 -- includes the following (see the next-to-last paragraph on page 1 of the FCC Form 477 Instructions): "For the purposes of Form 477, an entity is a 'facilities-based' provider of broadband connections to end user locations if it . . . provisions/equips a broadband wireless channel to the end user location over . . . unlicensed spectrum." ----- Original Message ----- From: "Robert Canary" <[EMAIL PROTECTED]> To: <isp-wireless@isp-wireless.com> Sent: Monday, February 05, 2007 8:14 PM Subject: Re: [isp-wireless] FBI .......... Changed to CALEA and WISPs... > Yes we have read all that, and it still brings us back to square one. > > You still have not answered the question. In stead your going back to > the FCC and asking them again. > > Show us were the FCC can change a congressional decision to declare a > facility based operator as any term that meets their agenda. The > mandates in question specifically reference the Telco Act. and within > that Telco Act reference, it specifically defines a facility-based > provider. The color of law does not give way to the FCC wishing to > consider all entities as a facility-based provider simply because they > want to do so, or because it will make everyones life easier. > > The question on the table still remains unanswered. Where and when did > congress redefine the term facility-based provider? > > The answer: They have not. > > Thus I can still only conclude there is no requirement for a WISP to > hand over sensitive marketing material. > > I challenge the same lawyer (or any for that matter) to produce it. > Show us where congress has changed the definition. > > I like your post its a good summary. > > BTW, Interesting acronym on the signature... > > S.Y.W.S.S. wrote: >> OK, here is what I received from the FCC today about facilities based >> and being required to file form 477 >> >> Now, about your questions. First, on the general question of whether >> WISPs are required to file FCC Form 477, I believe that various WISP >> list-serve discussions chewed this over at length about a year ago, that >> at least one WISP association had their attorney look at the issue, and >> that he informed the WISP association that WISPs are, indeed, required >> to file FCC Form 477. >> >> (1) Do you have ANY paying customers for a broadband Internet-access >> service that you offer for sale to the general public? (Here, >> "broadband" means that the customer is paying for a service that >> delivers information to him, from the Internet, at speeds faster than >> 200 kbps. From the page at website-address here it >> appears you offer several "residential" grade and several "business" >> grade Internet-access services that the customer can reasonably expect >> to be faster than 200 kbps.) >> >> (2) If you do have any such paying customers, are ANY of the broadband >> Internet-access connections to those customers delivered -- at the point >> the connection reaches the customer's home or business location, and >> ignoring any aspect of necessary "backhaul" arrangements -- over >> "unlicensed" spectrum using network-side antenna equipment that your >> company owns? >> >> The Form 477 Instructions (at p. 1 and also at p. 15) are quite >> specific: >> "For the purposes of Form 477, an entity is a 'facilities-based' >> provider of broadband connections to end user locations if it . . . >> provisions/equips a broadband wireless channel to the end user location >> over . . . unlicensed spectrum." >> >> We have tried to state the situation for WISPS more directly in one of >> the Form 477 "Frequently Asked Questions" (#8) posted at >> http://www.fcc.gov/broadband/broadband_data_faq.html. I've copied the >> key parts here: >> >> Entities that provide broadband connections to end user locations by >> using spectrum on an unlicensed basis for the "last hop" to the end user >> location must report information about those connections. Typically this >> is done by completing the questions for broadband category 7 >> ("terrestrial fixed wireless") in Part I of the form and also filling in >> column (f) in Part V of the form. . . . A WISP should consider the user >> data rate (as opposed to the over-the-air raw data rate, for example) >> when determining whether connections are broadband for purposes of Form >> 477. . . >> >> >> I hope this information is helpful. If you have additional questions, >> please let me know. You mentioned VoIP in your first email, so I will >> add that -- since I assume you are not a Competitive Local Exchange >> Carrier (CLEC) in the eyes of your state regulators -- you would not >> report any information about your VoIP services, as such -- just >> information about your customers' broadband wireless ("last hop" over >> unlicensed spectrum) Internet-access connections. >> >> Best regards, >> Ellen Burton >> Assistant Chief, >> Industry Analysis and Technology Division, >> Wireline Competition Bureau >> (202) 418-0958 >> >> >> >> ----- Original Message ----- From: "Patrick Leary" >> <[EMAIL PROTECTED]> >> To: <isp-wireless@isp-wireless.com> >> Sent: Saturday, February 03, 2007 3:31 PM >> Subject: RE: [isp-wireless] FBI .......... Changed to CALEA and WISPs... >> >> >> In my view, Marlon's character and motives are beyond reproach though he >> and I have even vehemently disagreed many times over the years. But as a >> WISP, consultant, advocate, etc. his time and budget is strained. So >> even while through his dogged work he enjoys a measure of access to FCC >> staffers, some quite senior as were you Robert, he does not have the >> resources to legally delve into those things the hard-working humans at >> the Commission relate to him. Instead, and in part because I suspect he >> does not want to jeopardize his access, he is not prone to contradict >> what here is told. >> >> But Marlon does what he does for little monetary reward and as Robert >> notes, it is the job of individual business owners to invest the time >> and resources to learn the facts themselves. Few WISPs do nor will ever >> make such an investment. Either they are "just too busy" to do it or >> refuse to make the investment. (I've known an uncountable number of >> WISPs that can't articulate even the most basic tenets of Part 15.247, >> from the "big guys" like Clearwire down to the smallest Mom and PoP.) >> BUT, that may be entirely understandable and even reasonable strangely >> enough, since FCC policy and rules ignorance seldom has ever hurt any >> WISP, even those making the most egregious and/or intentional >> violations. Even flagrantly illegal vendors doing tens of millions a >> year in the U.S. with well-established and easily located distribution >> channels operate with complete impunity and I'm talking about new >> product. WISPs know that if the FCC won't take those folks to tasks, >> what real risks do they have -- certainly not near enough to lead them >> to spend money on lawyers to explain the laws to the. I'm not knocking >> the FCC here necessarily, but in the end, perhaps the budget issues and >> priorities at the FCC not dissimilar really to the WISPs themselves, >> leading WISPs to deduce that they really don't have to pay much >> attention anyway. >> >> Interesting thread and your learned and typically blunt and edgy >> contribution is most welcome Robert. >> >> Patrick Leary >> AVP WISP Markets >> Alvarion, Inc. >> o: 650.314.2628 >> c: 760.580.0080 >> Vonage: 650.641.1243 >> [EMAIL PROTECTED] >> >> >> >> >> ___________ The ISP-WIRELESS Discussion List ___________ >> To Join: mailto:[EMAIL PROTECTED] >> To Remove: mailto:[EMAIL PROTECTED] >> Archives: http://isp-lists.isp-planet.com/isp-wireless/archives/ >> To unsubscribe via postal mail, please contact us at: >> Jupitermedia Corp. >> Attn: Discussion List Management >> 475 Park Avenue South >> New York, NY 10016 >> >> Please include the email address which you have been contacted with. >> >> Copyright 2005 Jupitermedia Corporation All Rights Reserved. >> >> >> > > > > ___________ The ISP-WIRELESS Discussion List ___________ > To Join: mailto:[EMAIL PROTECTED] > To Remove: mailto:[EMAIL PROTECTED] > Archives: http://isp-lists.isp-planet.com/isp-wireless/archives/ > To unsubscribe via postal mail, please contact us at: > Jupitermedia Corp. > Attn: Discussion List Management > 475 Park Avenue South > New York, NY 10016 > > Please include the email address which you have been contacted with. > > Copyright 2005 Jupitermedia Corporation All Rights Reserved. > ___________ The ISP-WIRELESS Discussion List ___________ To Join: mailto:[EMAIL PROTECTED] To Remove: mailto:[EMAIL PROTECTED] Archives: http://isp-lists.isp-planet.com/isp-wireless/archives/ To unsubscribe via postal mail, please contact us at: Jupitermedia Corp. 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