David E. Smith wrote:
The FCC wrote:
we conclude that establishments that
acquire broadband Internet access service from a facilities-based
provider to enable their patrons or customers to access the Internet
from their respective establishments are not considered facilities-based
broadband Internet access service providers
Hm.
It'd be one heckuva stretch, but by reading the letter (as opposed to
the spirit) of that paragraph, many smaller WISPs would automatically
be exempt. I know my office has "acquired broadband Internet access
service from a facilities-based provider" (our upstream ISP) and we're
enabling our customers to access the Internet from their respective
establishments (i.e. our customers pay for Internet at their homes or
offices).
By the letter of that paragraph (and, to be fair, I haven't read all
the context surrounding it) most any single-homed WISP would be
exempt, as they could just say "go talk to our upstream." (I doubt
it'd work for multi-homed ISPs, as that would require multiple
upstreams to be tapped and somehow synchronized, which is probably
technically annoying.)
David Smith
MVN.net
Why not check with a knowledgeable legal professional instead of guessing?
Susan Crawford, Kris Twomey, Chris Savage, Jim Baller, and the offices
of Cole, Raywid & Braverman have written opinions that if you operate a
router or switch and commercially sell internet, you must be CALEA
compliant.
Now you can choose to ignore it, and say a prayer daily that Barney Fife
or any other LEA officer does not knock on your door, but the ISP's who
will see the most warrants are Residential ISP's. (Not much child porn
or terrorrism happening at the work place). So, roll the dice.
Call an attorney for advice Or get on the call with Chris Savage of DWT
on May 9.
--
Regards,
Peter Radizeski
RAD-INFO, Inc. - NSP Strategist
We Help ISPs Connect & Communicate
813.963.5884
http://www.marketingIDEAguy.com
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