FCC regulation made it "mandatory" to report. Its not optionional. They limited reporting detail to a level that they felt would not compromise other privacy or confidenciality or competition laws.
With that said... I personally feel that the FCC is on legally weak grounds to force WISPs to provide such data, for a number of reasons. If I got a fine, I'd go to court to fight it, before I'd pay it. However, if the FCC took the time to make the cortesy call, the party in violation is on the radar, and it would sure be much easier for the party to just report the data, after they got that call. I dont think the FCC has ever fined anyone or audited the data reported. I dont think it would go over very well if they did. But I surely dont think its worth the risk to test them. They have the authority to impose the fine on ISPs and WISPs for not filing. (unless over turned faught in court) Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: Brian Webster To: 'WISPA General List' Sent: Friday, May 13, 2011 1:36 AM Subject: Re: [WISPA] FCC477 fines? I believe it has been that way all along, they just never enforced it. Thank You, Brian Webster www.wirelessmapping.com www.Broadband-Mapping.com From: [email protected] [mailto:[email protected]] On Behalf Of Cameron Crum Sent: Friday, May 13, 2011 12:57 AM To: WISPA General List Subject: [WISPA] FCC477 fines? One of our customers got a call today from the FCC. The FCC representative on the other end told him that he had missed the deadline for filing his 477 form and that this was a courtesy call. If he did not get his filing in soon, he would be subject to a fine. Well it was easy enough to rectify with our software for him, but I'm curious as to when this became a finable offense. Does anyone know? We called and questioned the FCC rep who threatened our customer and he told us it was the law, although he was unable to tell us when the "law" went into effect, or which piece of legislation made it law and a finable offense. Can you really be fined for this now? Any of you lurking lawyers out there know? I'd be curious to know. Regards, Cameron ------------------------------------------------------------------------------ -------------------------------------------------------------------------------- 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/
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