Well Mac, the FCC is not unaware of these things. This is part of the reason why EVERY new band opened up since 2003 added technical requirements like ATPC (now mandatory for 5.3 as well). ATPC automatically turns down the power to only that needed to maintain the link. (Some systems, like ours, use an intelligent ATPC that works per connection per CPE and dynamically, as well as other features like narrow antennas, distance learning, etc. and we added these things long before there were rules on the subject.)
Also, the rules for 3.65 take it even further, since the FCC -- even in the original R&O from March 2005 -- said they reserved the right to NOT grant equipment approvals for systems they felt were designed in part to harm other systems. Patrick Leary AVP, Market Development Alvarion, Inc. o: 650.314.2628 c: 760.580.0080 [EMAIL PROTECTED] Visit Alvarion at WiMAX World Chicago, September 25-27 Booth #409 -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Mac Dearman Sent: Thursday, September 13, 2007 11:17 AM To: 'WISPA General List' Subject: RE: [WISPA] Malicious Interference & Canopy David, You (or anyone) can't impede a man's established business or cause him to not be able to conduct his business without legal recourse. It doesn't have be anything illegal about the noise and it's not about trying to shut out the competition. It's all about co-location and the ability to use gear that is spectrally friendly that enables everyone to get their respective job's done - peacefully. There are solutions out there that is all of those things - - well let me take it one step further by saying almost all other gear built today is spectrally co-locatable and spectrally friendly EXCEPT Canopy and maybe some of the really old gear built years ago at the time of the Dinosaur like the Western Multiplexer and some old Proxim gear. I do believe that 10 WISPs can operate in the same area as long as everyone tries to play nice. The gear (radios and antenna choices) that is built today is absolutely capable of "getting along" with other wireless gear in the air today and not interfere. The way I see it is like this: If someone deployed canopy where there are already wireless operator's conducting business - he chose canopy to upset the apple cart on purpose. It was a deliberate and intentionally inflicted way to generate legal uninhabitable noise for the other operators. You think that ain't a law suit?? HAH! Not when the world is full of other really fine choices that are just as good and less expensive. I don't think there is a jury in the world given the facts of Canopy's bastard creation, deliberate spectrum annihilator, their mind set when as well as their ads when they developed this demonic purposefully unfriendly gear. Why is it that no one else in the manufacturing industry is making spectrally inefficient & unfriendly, un-co locatable, annihilating gear today/ Is it because they can't? That is an absurd thought - excuse me. The real reason that no one else does this is because it would become a pissing war over night. It wouldn't be a year and our entire precious spectrum allotted by the FCC would be uninhabitable and useless by the entire industry. It shows complete and total disregard for the FCC, other operators, other industry manufacturers of wireless gear and most of all it shows a complete and total; lack of professionalism from Moto by not helping to protect what you and I do to make a living by preserving and fostering great care of our small amount of free spectrum!! They are Bull's in the China shop! I wonder what the real professionals like Alvarion, Trango, Proxim and the untold others really say about Canopy in their closets? I would give anything to hear their take on Moto's disgrace of the spectrum. I made the statement the other day that I "wished" the FCC would make Moto recall their gear and ban it in the USA. I stand by that and believe it would be the right thing to do since it was created to be a deliberate noise generator for the entire spectrum. I don't think this will ever happen without some serious out crying from other wireless operators in the industry in the future. I am a hard head from way back. I stand on principal and integrity. I believe we all ought to get along in every avenue of life - not just on the WISP level. This Moto crap is for the birds since they build gear that intentionally gets along with no one but themselves - and only then IF YOU BUY THEIR GPS SYNC! It's a sales ploy, it's an add on that cost the operator more money and it's a must if you deploy very much canopy in any one area. You can't survive without it. Moto marketing and engineers are a Genius!! On the other hand - I wish I had GPS sync options on my gear, but that's another thread and topic! :) I guess that was about .07 cents worth this morning - -where's my change? :) Mac > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of David Peterson > Sent: Thursday, September 13, 2007 7:53 AM > To: WISPA General List > Subject: RE: [WISPA] Legal Charges used in Malicious Interference > Situations > > Hey Mac, > > You can disagree with disrespect, this is opinion. :> > > However, let me break this down for you and others on this thread. > > If 1 guy moves in the area, follows the rules and raises the noise > floor, should you be able to engage in anti-competitive practices by > asking that he be shut down? What if 15 move into your area and all > compete? > > The only way that I could see having a leg to stand on is if he is > deliberately attempting to interfere with your business instead of > pursuing his normal course of business. > > As one guy pointed out, I am not a lawyer. > > David > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of Mac Dearman > Sent: Wednesday, September 12, 2007 9:50 PM > To: 'WISPA General List' > Subject: RE: [WISPA] Legal Charges used in Malicious Interference > Situations > > I disagree totally :) with all respect! > > I also think that Canopy ought to be illegal in the USA. They built > something that is totally spectrally unfriendly - on purpose! The > commercial > that they use to air was "the last man standing." I didn't say that > Canopy > didn't build some pretty good gear - I said I hate their guts and > wouldn't > hang it if it were given to me for free due to the noise they create. I > would love to see their gear recalled and outlawed. I can produce that > commercial/ad in court and if you think you would stand a chance in > civil > court against an ad like that - - you are in for a surprise - - - > unlicensed > spectrum or not! > > We (all the WISP's) have a pact in N. Louisiana - - no one buys > Canopy! > > > Mac > > > > > -----Original Message----- > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > On > > Behalf Of David Peterson > > Sent: Wednesday, September 12, 2007 4:32 PM > > To: WISPA General List > > Subject: RE: [WISPA] Legal Charges used in Malicious Interference > > Situations > > > > I would have to disagree with most of this thread. You have two > things > > going against you in this. > > > > 1. A free market economy. > > 2. License Free spectrum. > > > > You can no more sue for someone putting up wireless in your "area" > than > > you can if you owned a restaurant and McDonalds moved in next door. > > This is a critical component of American society, so I doubt that any > > judge would even allow the suit to ever get in front of a jury. If > you > > can prove they are doing something illegal, like shooting your > antennas > > with a .22 you might have a chance. > > > > License free spectrum means that you are going to get interference. > > Period. If interference were actionable, then Canopy would be out of > > business. Let's face it guys, Canopy interferes with most of all > other > > equipment in its spectrum. By now, someone would have sued Canopy > both > > on their equipment and on their marketing. (Who has seen the > Wireless > > Thug pic at the shows. I know I have.) > > > > Your best bet is to prove that they are using unauthorized gear such > as > > amps, etc. and cajole the FCC into investigating. > > > > David Peterson > > WirelesGuys Inc. > > > > > > > > -----Original Message----- > > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] > On > > Behalf Of Mac Dearman > > Sent: Wednesday, September 12, 2007 6:00 PM > > To: 'WISPA General List' > > Subject: RE: [WISPA] Legal Charges used in Malicious Interference > > Situations > > > > Jack, > > > > I don't think it would have to be anything illegal about the > > interference. If someone moves into an area established by you - > where > > you > > have an ongoing business and (for instance) someone hangs some Canopy > > and > > creates the inability to recover from the noise - - that is a law > suit > > in > > the making. I am sure you would have to do all you could do and > present > > the > > evidence of such, but the one who knocked you oout of business would > be > > responsible for your lost income. > > > > My partner (20% owner) is a Corporate attorney and we have had this > > discussion on several occasions. I will ask him what his take on this > > is and > > what grounds he bases this line of thought. > > > > Mac > > > > > > > > > -----Original Message----- > > > From: [EMAIL PROTECTED] [mailto:wireless- > [EMAIL PROTECTED] > > On > > > Behalf Of George Rogato > > > Sent: Wednesday, September 12, 2007 2:09 PM > > > To: WISPA General List > > > Subject: Re: [WISPA] Legal Charges used in Malicious Interference > > > Situations > > > > > > Onlist for my reply. > > > It's also a good onlist discusion. > > > > > > I have always believed that there is some way to combat someone who > > > intentionally causes interference with an existing network to cause > > > harm > > > to the business or operation and or for financial gain. > > > > > > I'm not a lawyer, so I can't even give any advice that would be > > worthy > > > of taking to court. > > > > > > But, to me, it's just unbelievable that criminal case can't be > > brought > > > against the offending party. The same way the Ricco statutes were > > first > > > used against the mob and in other racketeering cases. > > > > > > > > > Statutory remedies for intentional acts. Many statutes provide > > remedies > > > for intentional harms. Civil rights statutes provide remedies for > > > intentional discrimination. Consumer fraud statutes provide > remedies > > > for > > > unlawful trade practices. The federal RICCO statute provides > remedies > > > for victims of conspiratorial intentional conduct. > > > > > > http://www.rnoon.com/law_for_laymen/litigation/intent.html > > > > > > > > > Jack Unger wrote: > > > > 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 > > > > > > > > > > ------------------------------------------------------------------- > -- > > -- > > > --------- > > > > > > ** 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! 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