Your options for recourse are going to depend largely upon the state in which you operate. However, most states are now recognizing either in common law or via statute some of the following:
Tortious Interference with Business Relations Tortious Interference with Contract Unfair Trade Practices Consumer Protection Rights Note that these are all CIVIL remedies. I doubt that you would have much luck getting CRIMINAL remedies since the D.A.'s offices rarely have the resources to chase down their current case load. The key to ANY of these remedies will be to establish the intentional and malicious nature of your competitor's actions. If you can show that the competitor has no clients in the area and is just blasting interference for the sake of taking out your system, you might have something to work with, but if your competitor can show that he has even one client in receiving service from the offending radio system, you would have a lot harder time getting a judge to believe that the actions are improper competition rather than "natural competition". Regards, Larry Yunker Network Consultant / Law Student / Ex-WISP [EMAIL PROTECTED] DISCLAIMER: The message is not to be construed as legal advise for actual legal advise you need to speak to a licensed attorney within your jurisdiction. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Jack Unger Sent: Wednesday, September 12, 2007 3:56 PM To: WISPA General List Subject: [WISPA] Legal Charges used in Malicious Interference Situations It's hard for me to accept that there are a few inconsiderate bullies out there who would intentionally and maliciously jam other WISPs in order to take over the customer base. I have recently seen probable evidence of just such behavior. Because the FCC has no law (that I know of) against this disgraceful behavior, legal recourse needs to be made in state court and state laws do vary from state to state. Would anyone who has fought against this type of unethical behavior please share with me (offlist please) what State law(s) they used? Thanks in advance, jack -- Jack Unger ([EMAIL PROTECTED]) - President, Ask-Wi.Com, Inc. FCC License # PG-12-25133 Serving the Broadband Wireless Industry Since 1993 Author of the WISP Handbook - "Deploying License-Free Wireless WANs" True Vendor-Neutral Wireless Consulting-Training-Troubleshooting FCC Part 15 Certification for Manufacturers and Service Providers Phone (VoIP Over Broadband Wireless) 818-227-4220 www.ask-wi.com ---------------------------------------------------------------------------- ---- ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 at ISPCON ** ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** ** THE INTERNET INDUSTRY EVENT ** ** FREE Exhibits and Events Pass available until August 31 ** ** Use Customer Code WSEMF7 when you register online at http://www.ispcon.com/register.php ** ---------------------------------------------------------------------------- ---- WISPA Wants You! Join today! http://signup.wispa.org/ ---------------------------------------------------------------------------- ---- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ -------------------------------------------------------------------------------- ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 at ISPCON ** ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** ** THE INTERNET INDUSTRY EVENT ** ** FREE Exhibits and Events Pass available until August 31 ** ** Use Customer Code WSEMF7 when you register online at http://www.ispcon.com/register.php ** -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
