News flash though, seriously, in this case THERE CAN BE NO SUCH THING AS BINDING ARBITRATION. You guys don't get it yet. You can arbitrate a solution all you want, but the next guy can compel you DO IT ALL OVER AGAIN.
Patrick Leary AVP WISP Markets Alvarion, Inc. o: 650.314.2628 c: 760.580.0080 [EMAIL PROTECTED] -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of John Scrivner Sent: Friday, June 08, 2007 10:51 AM To: WISPA General List Subject: Re: [WISPA] the big wild card statement from the 3650 order Agreed. I would think binding arbitration would be a best practice for 2 people in the 3650 band who could not reach amicable terms. I would support this in the event I could not get myself and a competitor to "put on our big boy pants" and settle our differences. You would make a fine "spectrum arbiter" I think. Scriv PS. The language in 3650 does not create more or less opportunity for legal wranglings. Anyone can bring a suit for anything. Differences in Part-15 rules or 3650 rules have little impact on the amount of litigation that will come from spectrum rights / fights in my opinion. Scriv Jack Unger wrote: > Sounds like this would be an opportunity for me to offer my services > as a neutral and knowledgeable arbitrator. :) > > My charge to keep companies out of trouble would be only a small > fraction of the legal fees that would result when people get > themselves into trouble. > > As a retired firefighter, I believe it's better to spend a little bit > of money for fire prevention rather than spending a lot of money to > rebuild a building or a business. > > jack > > > Patrick Leary wrote: > >> "(d) All applicants and licensees shall cooperate in the selection and >> use of frequencies in the 3650-3700 MHz band in order to minimize the >> potential for interference and make the most effective use of the >> authorized facilities. A database identifying the locations of >> registered stations will be available at <http://wireless.fcc.gov/uls>. >> Licensees should examine this database before seeking station >> authorization, and make every effort to ensure that their fixed and base >> stations operate at a location, and with technical parameters, that will >> minimize the potential to cause and receive interference. Licensees of >> stations suffering or causing harmful interference are expected to >> cooperate and resolve this problem by mutually satisfactory >> arrangements." >> >> Words like "must," "shall," "expected," are loaded as they give everyone >> legal cover to bring people to the table yet it does not specify what >> constitutes adequate effort or a resolution or a limit. MASSIVE >> Pandora's Box that will keep lawyers busy. Build legal expenses into >> your 3650 business models! >> >> >> >> Patrick Leary >> AVP WISP Markets >> Alvarion, Inc. >> o: 650.314.2628 >> c: 760.580.0080 >> [EMAIL PROTECTED] >> > -- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ ************************************************************************ ************ This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses(190). ************************************************************************ ************ ************************************************************************ ************ This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses(42). ************************************************************************ ************ ************************************************************************************ This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses(84). ************************************************************************************ ************************************************************************************ This footnote confirms that this email message has been scanned by PineApp Mail-SeCure for the presence of malicious code, vandals & computer viruses. ************************************************************************************ -- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
