Actually, he can set up a sort of Ham-WISP. As Jack says, the users must be
licensed Hams.
He cannot make money off the system or charge for use (the pecuniary
interest part you mentioned).
He can share expenses of operating the network though - this includes cost
of Internet, equipment, tower rent, etc.
The encryption scheme, if used, must be an open standard, and the stations
must be identified with a call sign.
Most Hams use their call sign as the SSID, which is the simplest way. Each
transmission is identified. You could put a  -1  -2 etc at the end. In that
case it sort of works like APRS on packet.

The pecuniary interest rule was changed years ago, which is why (in the eyes
of the FCC) you can order a pizza or call the doctor or call AAA for a tow
on the autopatch.  Out of my 12 repeaters and 7 autopatches, no one EVER
actually tried, though.   Last time I heard someone actually USE an
autopatch, even for 911?  5 years. Maybe more. We converted all the phone
lines to VoIP back when I became a WISP and put in our first Asterisk
server.

Now Hams are coming to us wanting Internet bandwidth for interconnecting the
D-Star digital repeaters that Icom makes. Makes for a nice trade for tower
rent on some towers a WISP may not normally easily access. 

Ralph
N4NEQ


Original Message-----
From: [email protected] [mailto:[email protected]] On
Behalf Of Leon D. Zetekoff
Sent: Monday, April 26, 2010 4:53 PM
To: [email protected]
Subject: Re: [WISPA] ISM vs UNII

On 04/26/2010 03:03 PM, Jack Unger wrote:
> Correct. Ham radio can not be used for any commercial purpose.
> WISP-type operation for money is not legal. A ham radio club could
> operate an Internet-connected access point for their own use (like for
> emergency communications, experimentation, etc.) but the access point
> and each end-point (CPE) would need to be under the control of a
> licensed amateur radio operator.
it depends...you can, over an autopatch, order a pizza from a take-out
or call your doctor if you are late for an appt. As long as there is no
pecuniary interest to the control op/trustee is the key.

So IMHO an amateur could put up an access point and as long as he doesnt
have  apecuniary interest (i.e. subscription fees) that would work BUT
the CPE would also have to be an amateur and likewise there but there
shouldn't be any issue browsing the web and even doing transactions over
that circuit. I;m not trying to open a can of worms but this is info
I've gleaned over the years.

Our repeater club in Florida, still exists (when I moved to PA I passed
on the truseteeship), was always a front runner on licensing issues as
well as a wide interpretation of the rules.

Leon WA4ZLW
>
> jack
>
>
> Jeromie Reeves wrote:
>> Aside the moral issue with that, is it not 'no commercial
>> transactions' when operating under ham rules?
>>
>> On Mon, Apr 26, 2010 at 11:24 AM, Jack Unger <[email protected]> wrote:
>>   
>>> Yes; a very dirty and disreputable way. Any ham who tries this should
>>> remember that "What goes around comes around".
>>>
>>> jack K6XS
>>>
>>> Tom Sharples wrote:
>>>
>>> For those WISPs who are licensed hams, that certainly suggests a unique
way
>>> to get rid of your competitors who aren't :-)
>>>
>>> Tom S.
>>> WA6HAS
>>>
>>> ----- Original Message -----
>>> From: "Leon D. Zetekoff" <[email protected]>
>>> To: <[email protected]>
>>> Sent: Monday, April 26, 2010 8:03 AM
>>> Subject: Re: [WISPA] ISM vs UNII
>>>
>>>
>>>
>>>
>>> On 4/26/2010 10:06 AM, Philip Dorr wrote:
>>>
>>>
>>> HAMs have a secondary license (Lower than Licensed, but higher than
>>> unlicensed). HAMs can use 2390MHz-2450MHz and put out a max EIRP of
>>> 1.5kW, but in that RF range (2.4GHz) that is called a "microwave
>>> oven".  HAMs can also use 5650MHz-5925MHz.
>>>
>>> http://www.arrl.org/files/file/Hambands_color.pdf
>>>
>>>
>>>
>>> It's not a secondary license but a secondary allocation. We are still
>>> licensed. As I mentioned previously, spread spectrum emission types are
>>> not allow that much "boost" but other emission types are.
>>>
>>> Leon
>>>       



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