True. Part 101 is like Part 15 in that regard.

-Ty



-Ty

On Fri, Feb 26, 2016 at 10:36 AM, Hardy, Tim <tha...@comsearch.com> wrote:

> A part 101 license (other than area-wide licenses or bands that were
> auctioned) does not grant “exclusive use” of a frequency at a location.
>
>
>
> *From:* Af [mailto:af-boun...@afmug.com] *On Behalf Of *Ken Hohhof
> *Sent:* Friday, February 26, 2016 11:32 AM
> *To:* af@afmug.com
> *Subject:* Re: [AFMUG] Unlicensed for dummies
>
>
>
> When did they go up there?  Was it before U-NII-1 was opened up?  Maybe
> you can argue that is a separate band, since it wasn’t even available when
> they located there.
>
>
>
> It is common for a lease to specify exclusivity on that tower for certain
> unlicensed bands, or to contain a non-interference clause.  Apparently the
> lease doesn’t specify.  Probably the city won’t want to get involved,
> that’s why it’s easiest for a site owner to only allow one unlicensed
> tenant, or one per band, they don’t want to play Judge Judy in a technical
> area they know nothing about.
>
>
>
> Maybe show the city a copy of one of your Part 101 licenses showing you
> have exclusive use of that frequency at those locations.  Or borrow a 2-way
> license from somebody in the area and show the city a copy.  Or find a
> cellular or paging company that is on a city structure, look up and make a
> copy of their FCC license.  Tell the city this is the paperwork someone
> will have if the FCC has granted them exclusive use of spectrum, and of
> course the other tenant will not have anything of the kind to show.  Maybe
> then turn their WiFi router upside down and show them the Part 15 sticker
> so they can understand this is exactly the same rules you and the other
> tenant are operating under.  It would be like saying you can’t use WiFi
> because your next door neighbor had WiFi first.
>
>
>
> That’s not how unlicensed works.  That’s not how any of this works.
>
>
>
>
>
> *From:* Jaime Solorza <losguyswirel...@gmail.com>
>
> *Sent:* Friday, February 26, 2016 10:14 AM
>
> *To:* Animal Farm <af@afmug.com>
>
> *Subject:* Re: [AFMUG] Unlicensed for dummies
>
>
>
> The basic part 15 rule says it all
>
> On Feb 26, 2016 9:13 AM, "Ty Featherling" <tyfeatherl...@gmail.com> wrote:
>
> We have a co-tennant on a water tower saying that since they were there
> first, they get exclusive use of the entire 5GHz unlicensed band. There
> lease warrants no such thing and we told the the FCC doesn't either. Is
> there a plain english "for dummies" explanation of Part 15, specifically
> regarding interference and co-location? The city is involved and we need to
> make this stupid easy to understand.
>
>
>
>
>
> -Ty
>

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