I determined the best course of action is to upgrade the antennas and
re-assign frequencies customer AP re-assignments.

900 is getting crowded and eventually I will likely have to abandon the
frequency. I'm not going to make a big stink about this one only to have
to deal with it again in six months or a year.

Life's too short.
 
__________________________________ 
Jerry Richardson 
airCloud Communications
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Larry Yunker
Sent: Tuesday, August 05, 2008 8:04 AM
To: 'WISPA General List'
Subject: Re: [WISPA] Court Injunction

Jerry,

As with all good legal questions, the answer is: "It Depends".

If the HAM operator is INTENTIONALLY interfering with your signal, then
you
have a very good chance of maintaining a cause of action against him
(IMHO).
If on the other hand, he was unaware of your signal at the time that he
put
up his equipment, you have very little chance of maintaining an action.
The
iffy party is when he falls in between knowing and intentional.  If he
knew
you were out there, but he didn't mean to shut you down, there is an
argument both ways as to whether he is liable.

I guess the first thing is to determine whether he knew you were
operating
on the same frequency as the one on which he was planning to deploy.

Regards,
Larry Yunker
Network Consultant
[EMAIL PROTECTED]

DISCLAIMER: The above comments are solely an opinion and should not be
construed to be legal advice.

-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On
Behalf Of Jerry Richardson
Sent: Monday, August 04, 2008 3:45 PM
To: WISPA General List; [EMAIL PROTECTED]; Motorola Canopy User Group
Subject: [WISPA] Court Injunction

Is it possible to get an injunction against a HAM if he moved to a
900MHz frequency as is causing interference that would disrupt our
ability to do business? I know he has a license and I don't however
there must be some precedent that allows for commercial venture versus
amateur radio.
 
Any ideas?
 
 
Jerry Richardson
VP Operations
925-260-4119
P Please consider the environment before printing this email
 



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