Fred, thank you for your detailed and informative explanation. I knew 
someone here would know the answers.

Thanks again and have a great weekend!


On 7/25/2014 12:29, Fred Goldstein wrote:
> On 7/25/2014 12:29 PM, Sam wrote:
>> Two questions for you guys...
>>
>> Have any of you ever heard of a requirement to obtain an "Experimental
>> License" (via a Form 442) to start up or operate a WISP? I'm trying to
>> find something online that states what sort of radio, frequency,
>> activity, or anything that defines who must obtain this license, but am
>> finding nothing related to unlicensed spectrum.
>
> No, you don't need an Experimental license to operate a WISP.  Form 442
> is the application for an experimental license, which is governed by
> Part 5 of the FCC Rules.  Such licenses are for "experimentation,
> product development, and market trials."  If equipment is type approved,
> it is not experimental, but a manufacturer might use this Part in order
> to test out new equipment or technology that isn't yet approved.  Part 5
> devices can theoretically operate in any part of the spectrum, provided
> that the license is granted -- the experimental license can be very
> specific about frequency, power, etc., as it's issued on a case-by-case
> basis.
>
> WISPs usually operate under Part 15, which regulates unlicensed devices.
> (The 3650 MHz band is in Part 90, as it requires a non-exclusive
> license.)  So the FCC doesn't generally care about your Part 15
> operation so long as you use type-approved equipment and follow the
> appropriate rules for that equipment and the frequency it's operating
> on.  Note that there can be some special cases; under the new U-NII
> rules, if you have >1000 outdoor access points on the 5150-5250 band,
> you have to give the FCC notice.  But it's still unlicensed.
>
>> Have any of you ever heard of a requirement to register with a state's
>> Public Service Commission (for a WISP providing Internet connectivity
>> only - no VOIP, telephony, etc.)
>
> Not like a carrier.  You're providing an "information service" per
> federal definitions, and it's jurisdictionally interstate. It's not like
> a CLEC that needs certification. But there could be some kind of state
> business-licensing rules that apply to WISPs in some states; that's a
> legal question.
>
> If a WISP wants to become an "eligible telecommunications carrier" in
> order to participate in the forthcoming Universal Service Fund reverse
> auctions and get federal USF money, it will need ETC certification,
> which usually comes from the state PUC, but I think you don't need that
> until after you win the auction.
>

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