Their ability to fine an entity is covered by Title 47, Chapter 5, Section 502:

http://frwebgate.access.gpo.gov/cgi-bin/usc.cgi?ACTION=RETRIEVE&FILE=$$xa$$busc47.wais&start=1559935&SIZE=1041&TYPE=TEXT

-Hal

On Fri, May 13, 2011 at 9:29 AM, Tom DeReggi <wirelessn...@rapiddsl.net> wrote:
> 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: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] 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
>
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-- 
Harold Bledsoe


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