----- Original Message ----- 
From: "Marlon K. Schafer (509) 982-2181" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Monday, April 23, 2007 4:08 PM
Subject: Re: [WISPA] FCC Admits Mistakes In Measuring Broadband Competition


> OK, I'm in a pissy mood today so don't anyone take this too personally.
>

So am I.

>
> We filed in support of the new antenna rules.  It's MUCH cheaper and
easier
> to be FCC compliant today.

So did a bunch of us.

>>
> The data from the 477 is easy, non useful to competitors etc. and would be
> MUCH more valuable if people actually filled the dang thing out.  We've
> worked with industry to get accurate data to the FCC via the 477 and other
> methods.  We're not fighting against the 477 cause there's no reason to
> fight it.  It's a LAW and the FCC HAS to ask us for the data.  If we're
> gonna fight for a change in a law we're better off to pick a different
> battle.

Right.  The FCC didn't even want information from small providers...and then
behold, certain people I was giving money to to represent me (and I thought
they were) suddenly turned on me,  and encouraged the FCC to apply it to
everyone.

Law?  Hell, no.  It's the FCC's wishes.   And we're discussing how stupid
the whole damn thing is as well.  And here you are defending it.  You wonder
why I'm in a "pissy mood"???

>
> CALEA is a law that you must follow.  It's not the big nasty thing you
keep
> making it sound like.  Nothing more than the electronic version of the
> wiretapping laws that have been on the books for as long as anyone I know
> can remember.  What WISPA has been doing is helping you figure out what
you
> have to do to be compliant.  We've spent out time and money working to
make
> this as easy as we can for you so that you DON'T have to shut the doors
due
> to this.  We're also working on mechanisms that will be FBI approved and
> will allow you to be compliant in even nicer ways for less money.

$1 and 1 minute is TOO MUCH OBLIGATION.   Sorry.   Anyone who thinks we OWE
them anything for our existence is cracked.  THEY OWE US GRATITUDE FOR DOING
THE COUNTRY"S WORK!!!!  And they owe us a check for doing work for them.
THAT's NOT RADICAL, that's nothing other than CIVICS 101!

>
> When I get a chance, we're gonna fight for self certification for WISPs.
> That'll make all of our networks automatically compliant except in the
most
> extreme cases or where people refuse to run legal power levels.

So,  we can argue and advocate to the FCC about rules changes and
implementations about RF issues, but God forbid we should tell them that
CALEA is out of line?    It is STILL their ruling and opinions, which is the
sole reason we're issued network mandates.

HARRRUMPH!!! to repeat an old fashioned retort.

>
> I could probably write another page or two about what WISPA HAS done to
make
> YOUR life as a WISP easier and more long term stable/predictable.  I think
> the point has been made though.

I like you, Marlon.  We've done stuff together and I have respect for you as
a person.  So don't take this personally...but I call BS on it!

>
> My next point is that you really have NO business spouting this rubbish
> Mark.  You made some great arguments but they are based on half truths or
> ignorance of the facts.  They are also, for the most part, a Red Herring.
> You see, RIGHT NOW we have to be CALEA compliant.  If we don't like that
we
> can fight it, but that fight will have to come later.  Doesn't matter if
we
> like the law or not, either obey or run the risk of getting caught.  WE
> decided to take the time to help you comply rather than risk getting the
> $10k per day fines.

There will be no fight later.   We should have been telling them to stuff it
because this silly nonsense that applies to TELCOS doesn't apply to IP
networks.

Instead, we should be telling them that due to diversity and innovation,
it's absolutely impossible to not stifle the way we do things and conform to
obscure and frankly... SILLY demands.

IF it were me, my comments would be, we as an industry stand ready and
willing to assist law enforcement and homeland security any way we can, but
it is NOT our obligation to morph our networks into the federal mold at our
expense.   Rather,  it is imperative that the FBI, DOJ, and local law
enforcement develop reasonable abilities to deal with IP networks, and that
we can work with agencies that have reasonable ability to understand and
work with cutting edge technologies, rather than trying to restrain an
entire industry for their convenience.

I am not advocating "flaunting the law", for pity's sakes.   I am just
eternally vigilant and VERY defensive of my rights and freedoms as a citizen
and businessman.   Instead, we should have been ADAMANTLY and repeatedly
saying in forceful language, THIS IS NOT UNIVERSALLY POSSIBLE, and then
asking the industry what ways they can be accommodated- and educating them,
NOT THE OTHER WAY AROUND - them telling us how our networks have to work.

It's called setting precedents, Marlon.   We need to set the precedent THAT
WE TELL THEM how networks work and how we can help, and that WE WILL NOT
SPEND MONEY to do it.

Is standing up and telling the FCC, FBI and DOJ this "flaunting the law" or
being "anti-government radical"?  Heck no.  It's COMMON SENSE.    And we
sset the precedence that we do not accept network operations dictated to us,
and we're NOT sticking a finger in their eye.

I don't want to hear that you went and begged for them to be nice to us.
That just infuriates me.  And it's why I will not support people who promote
that attitude.  In my view it would be better to keep silent than set that
precedent.


>
> And, if you don't like the way things are being done, pony up for the $25
> per month and join WISPA.  Run for the board and help guide the team.  We

Right.  My money would simply be used to send the opposite message from what
I want said.   I've already see the posts where some "anti government
radical" isn't needed to disrupt WISPA.   I'm not an anti-government
radical.  I just recognize how it works in real life, and we need to have
our reactions DEFEND ourselves instead of feeding the tiger slowly.

> know a LOT more about what's going on and what's not going on, as well as
> the reasons for it than you do.  If you were on the board you'd almost
> certainly agree with almost everything we've done.  Not everything we do
> can, or should, be public knowledge.  Someone out there has to work with
> customers, try new gear, look in places we don't have time to look etc.
> It's good that people are out there doing those things and letting us know
> what they come up with.  Then the board has to combine it all into a
> reasonable policy or action, based on ALL of the things we know about.
> Anyone out there can armchair quarterback till the cows come home, won't
> change a thing about the game though.

Well.  If you say so, I guess that's good enough for me.   I see we're at a
stalemate.

Mark


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