As the old saying goes, "ignorance is no excuse for knowing the law"...
Sure, keeping up with the FCC is at times daunting, but they have a website
section dedicated to wireless; http://wireless.fcc.gov/ and also a mailing
list of FCC actions. There are also many other resources as well.
As a business owner, you have a fiduciary responsibility to know, or at
least be aware of issues effecting your industry. Doesn't matter what your
business is, it could be selling hotdogs for that matter, but there are
rules, laws, statues, regulations etc., of many different things a business
must be aware of for local, state or federal.
Industry groups such as WISPA can't force anyone to listen, let alone that
people really need to do their part as part of the industry solidarity. This
statement goes back to the same ones we all heard about the wireline
associations being responsible for "getting the word out". Getting the word
out to their supporting members is one thing, being responsible to thousands
of others is another.
Neither one of these issues, CALEA or Form 477 are "new" and that there is a
"sever lack of information" is exaggerated.
Frank Muto
Co-founder - Washington Bureau for ISP Advocacy - WBIA
----- Original Message -----
From: "Larry Yunker" <[EMAIL PROTECTED]>
The main suggestion that I can make is to contact as many WISPs as can be
identified within the US and let them know about the FCC reporting
requirements, about form 477, about CALEA in general, about WISPA's
efforts to enable reasonable CALEA compliance. As you noted... you have
used this forum to get the word out. But many WISPs are not on this
forum. I think that the WISPA community needs outreach (mail, phone
calls, etc) to WISPs offlist if efforts to educate are going to succeed.
Reading the CALEA R&O's it amazes me that either the FCC or the DoJ
believe that broadband ISPs have effectively been put on notice regarding
their need to comply with CALEA. The way the Order reads, it appears the
agency assumes that ISPs have always held themselves out as
"telecommunications carriers" and that broadband ISPs know or should have
known about their obligations to comply with CALEA since CALEA was created
in 1995. Furthermore, it indicates that ISPs know that they have an
affirmative obligation to obtain a registration number from the FCC and to
file with the FCC as a "telecommunications provider".
I don't believe that poor compliance with regards to CALEA regulations is
necessisarily due to the obstanence of ISPs. I contend that the poor
compliance with regards to CALEA is due to a severe lack of information
and lack of understanding. Lets face it... just a few years ago,
broadband ISPs were told that they were "information service providers"
and not "telecommunications providers". Therefore, we did not qualify for
unbundled-network-elements or co-location facilities within a CO but we
were exempt from collecting USF fees. Now, the R&O for CALEA has
re-interpretted the term and re-classified broadband internet providers as
"telecommunications providers" for the purposes of CALEA. This
reinterpretation is at very least confusing and it leaves many ISPs with
the feeling that they are or should be exempt from CALEA regulation.
Because the FCC has taken such a drastic change in position regarding the
regulation and classification of broadband internet service providers, it
seems that actual notice to the effected parties would have been more
appropriate (during the promulgation of the rule and order). Now that the
order has already been made and the deadline is quickly approaching, there
is no more time to wait for government intervention. Its up to industry
groups like WISPA to fill the gap and contact WISPs and let them know
about their obligations.
- Larry Yunker
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