At the end of the day it boils down to whether its justified for a WISP to risk going to court. Admittedly, any government industry can cause a private company a lot of pain, if they want to, if you challenge them. That is not something someone should consider doing, lightly.
With that said.... sometimes one must take a stand to defend their rights and what they believe in. Even if not cost effective for their own good, if its for the good of their industry. Just like BrandX, eventually someone had to step up to take it to trial, win or loose. If a WISP was put in a position that they had to go to court, I bet that other third party groups would be willing to assist fund the battle behind the scenes. I'm not talking just other WISPs. I'm talking about other big money companies that couldn't risk a netneutrality loss on the court record, documenting presidence. My "opinion" is that it would not be wise for the federal enforcement agencies to target small organizations to challenge their rulemaking in court. One, It would be a media/publicity nightmare. Such as "FCC puts small business out of business". Two, It would be embaressing, and make FCC look weak. "Bully FCC picks on the little guy". Three, Small WISPs would gain more sympathee from Juries than Big money Telcos. In my "opinion" the FCC rule making is not legal. Atleast not for those that aren't telecom act defined regulated carriers. And in my opinion, a WISP could simply refuse to comply, and demand that the FCC obtain a court order to back their claim of authority. If the FCC came knocking on my door to enforce an alledged NetNeutrality issue, I would fight it. I think the "disclosure portion" is the one good part of the FCC rulemaking. For that reason, I plan to comply with the disclosure portion, just because it makes good sense to do it anyway. Not to mention it would be just plain stupid not to comply to such an easy request, which would be almost like "requesting a challenge", not to cooperate on such an easy request. Plus, not disclosing info could open up a WISP to legal issues covered by laws not related to NetNeutrality, such as truth in advertising. Disclosure should be vague, so not to self inciminate more than necessary. But as far as complying to the other rules of NetNeutrality, I am going to operate my network the way I want to, and I'm not going to change that, unless I'm forced to. Please note, in general I respect the FCC's authority, and my viewpoint stated herein is strictly relating to "NetNeutrality". Hopefully, I as well as other WISPs will operate their networks fairly, so this issue never has to come up. So many issues could be defended by "reasonable network mangement", to defend oneself without the need for court. Tom DeReggi RapidDSL & Wireless, Inc IntAirNet- Fixed Wireless Broadband ----- Original Message ----- From: "Tony Iacopi" <[email protected]> To: "'WISPA General List'" <[email protected]> Sent: Friday, October 28, 2011 10:19 AM Subject: Re: [WISPA] Net Neutrality Hi there, Unfortunately I would love to agree with Matt and the fact that I paid for the network so I should be able to do what I want with it, however, the way it is currently written, if you provide internet service (which I believe we all do) you are suppose to comply. I also agree that it is a flagrant overreach for the FCC but until it is overruled it is in place. Got to love the Governments "protection" of the small business owner. Thanks Tony Iacopi -----Original Message----- From: [email protected] [mailto:[email protected]] On Behalf Of Jeff Broadwick - Lists Sent: Wednesday, October 26, 2011 5:55 AM To: 'WISPA General List' Subject: Re: [WISPA] Net Neutrality "The fact that the DC Circuit (their motto: "We hate the FCC") got the case raises the odds even more." LOL...have I mentioned how much I enjoy having you back on lists Fred? Regards, Jeff ImageStream Sales Manager 800-813-5123 x106 ________________________________________ From: [email protected] [mailto:[email protected]] On Behalf Of Fred Goldstein Sent: Tuesday, October 25, 2011 7:59 PM To: WISPA General List Subject: Re: [WISPA] Net Neutrality At 10/25/2011 07:43 PM, Matt Larsen wrote: If you are a Title II regulated telco, they might apply to you. As an operator of a privately funded broadband network, Net Neutrality does not apply to you. You paid for it, you can do what you want with it. Legally, per the letter of the Communications Act, that's true. The FCC does not agree; Part 8 leaves the original monopoly common carriers unregulated, but purports to regulate ISP content. However, I give it a much greater than even probability to be overturned by a court, because it is so flagrantly illegal. In fact, I think the FCC expected that to be the result when they wrote it. Politics is funny like that. Congress and the states pass laws which they know will be overturned, and the FCC follows their lead. The fact that the DC Circuit (their motto: "We hate the FCC") got the case raises the odds even more. Matt Larsen vistabeam.com On 10/25/2011 4:46 PM, Tony Iacopi wrote: Hi there, Just got off the phone with my FCC attorney and the Net Neutrality rules are back on and we are to comply by Nov. 20th. Has anyone done anything regarding this, we are working on it but would like to know what others are doing. Let me know. Thanks Tony Iacopi 831-902-0700 [email protected] ---------------------------------------------------------------------------- ---- 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/ ---------------------------------------------------------------------------- ---- 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/ -- Fred Goldstein k1io fgoldstein "at" ionary.com ionary Consulting http://www.ionary.com/ +1 617 795 2701 ________________________________________ No virus found in this message. 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