I wanted to close my week with a maybe unpopular statement - imagine
that! :)

On 3650 I was pleased so many WISPs filed comments, but as I feared
almost all filing WISPs failed to really think through what you were
asking for. You got want you want and over time you will learn the
result, which will be a messy (legally) band that will force you to
spend lots of money on lawyers. At the same time, for those places where
competitive risks will be low, the band maybe great for you, but because
of the rules the gear you will have to use (that will work) will be much
less than what could have been, meaning that your wireline or licensed
competition will eat you lunch overtime in terms of performance.

When you file a comment, you need to REALLY think through. I suspect
many filed knee-jerked responses in terms of opposition filings from an
"us vs. them" perspective instead of trying to understand the merits of
the argument of those who warned about the problems of the proposed
rules.

It is sad that this is such a mixed bag, but the long and short is that
all the excitement from an investment perspective -- those who were
reaching for their wallets to fund good WISPs -- will shrivel up and
withdraw as soon as the full impact of the rules are understood as I
already understand them. Many of you will still make good use of the
band, but it will not allow you to become more than what you are able to
be today. For some and some areas, that will be okay and nothing wrong
with that at all.

I am not trying to be a buzz kill and for sure the rules technically
open MORE doors for us than previous (if we want we now can sell VL or
BreezeMAX), I am just trying to make a point and be, as always, candid
with you.

Have a great weekend,


Patrick Leary

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Patrick Leary
Sent: Friday, June 08, 2007 4:19 PM
To: WISPA General List
Subject: RE: [WISPA] the big wild card statement from the 3650 order

Are you joking Marlon? What do you think WiMAX does? It generates far
higher payload through a time slot than does current 802.11. Regardless,
that is not the point and it does not matter.

The point is that this band will be really difficult for someone to plan
and operate a business except in a rural area with little to no other
competition (so it should be great for WISPs). It has zero to do with RF
and everything to do with the "cooperation" REQUIREMENT of the rule. It
forces a new entrant to work with the incumbent and vice versa. So you
work something out and go home. Next day another guys pops up. Guess
what, your old agreement gets tossed out the window and you MUST make
accommodation for the next guy of else he can take you to court (and
win). So then the THREE of you strike a deal and go back home. The next
day a 4th WISP comes in and guess what? It starts all over again. 

Each time you MUST, by law, cooperate and come to a mutually
satisfactory agreement. Again. And Again. And again.

In a Part-15 world, you'd just blow off the competition if you could not
work something out -- may the best operator win. But, in this set of
rules back you must go to work around every new entity that pops up.
Guys like you will spend 1/4 your time educating the new WISP and 1/2
your time constantly changing your architecture to accommodate them. The
other 1/4 you can spend making money.

Build a model around that that works. Hope you have lots of money for
legal fees embedded into the model.

I am not being alarmist or silly. I just read two different legal
analyses that agree entirely.

Now take that with the fact that almost all the east and west coast
cities (70% of the population maybe) is off the table due to the
exclusion zones. What it means is that no major vendor will invest to
develop something new for this band. Instead, you are going to get low
end downbanded stuff, legacy sync products, or WiMAX that will crash and
burn because it has no .16h and has to share the lower 25 MHz with
Canopy like products.


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 Marlon K. Schafer (509) 982-2181
Sent: Friday, June 08, 2007 4:04 PM
To: WISPA General List
Subject: Re: [WISPA] the big wild card statement from the 3650 order

As a wisp, I'd like to see it done on time slots.  Wanna charge more for

your radio?  Make it push more data through smaller time slots.

Marlon
(509) 982-2181
(408) 907-6910 (Vonage)                    Consulting services
42846865 (icq)                                    WISP Operator since
1999!
[EMAIL PROTECTED]
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



----- Original Message ----- 
From: "Patrick Leary" <[EMAIL PROTECTED]>
To: "WISPA General List" <[email protected]>
Sent: Friday, June 08, 2007 1:38 PM
Subject: RE: [WISPA] the big wild card statement from the 3650 order


I agree with the whole thing on principal. My beef is that it does not
define enough what is "cooperation." As vendors, we want people to
cooperate. But so you cooperate, good for you. But what happens with the
next guy comes in. You have to cooperate with him too. Then the next,
then the next. How many times can you redo your channel plans? How do
you olan a business that way?

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 10:34 AM
To: WISPA General List
Subject: Re: [WISPA] the big wild card statement from the 3650 order

Patrick, I would expect that the optimistic perspective would be better
here. This is better than no protections at all. At least we have a
statement from the FCC that we must try to work together here. That is
better than the "Wild West" we have in Part-15. For sure "owning" the
spectrum in a license makes all the issues go away but there is nothing
wrong with trying new things and I am very excited about this new 3650
"license light" type of idea. I have asked you to send me pricing and
other information so I can be one of the first to launch 3650 when it is

allowed legally. Please do not take the wind out of my sails when I am
trying to buy your products. Besides, those lawyers don't scare me. If
you remember I am married to one!    :-)
Scriv


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]
>
>
>
>
>
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