ISP B would have to give up the licenses if they are not using them I would think. You cannot license some links and then not build them out. No camping allowed, and that is the position they would have with licenses but no radios.
From: cjwstudios Sent: Wednesday, March 2, 2016 3:18 PM To: af@afmug.com Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical That's great info. Hope to find a case on it. On Wed, Mar 2, 2016 at 3:14 PM, Hardy, Tim <tha...@comsearch.com> wrote: Part 1.948 makes it a requirement and there have been very large fines levied for transferring licenses without first gaining FCC approval From: Af [mailto:af-boun...@afmug.com] On Behalf Of cjwstudios Sent: Wednesday, March 02, 2016 5:09 PM To: af@afmug.com Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical Thanks Tim, it feels like 101.55 is optional, don't you think? Would be neat to say that the trigger of a merger or similar action requires the transfer of a license. On Wed, Mar 2, 2016 at 3:04 PM, Hardy, Tim <tha...@comsearch.com> wrote: Not a lawyer – but 101.55 is the rule section From: Af [mailto:af-boun...@afmug.com] On Behalf Of John Woodfield Sent: Wednesday, March 02, 2016 5:04 PM To: af@afmug.com Subject: Re: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical I had this situation, in our case the links were unneeded and antiquated so we opted to replace them. That probably doesn't help you but it was easiest for us. John Woodfield, President Delmarva WiFi Inc. 410-870-WiFi -----Original Message----- From: "cjwstudios" <cjwstud...@gmail.com> Sent: Wednesday, March 2, 2016 5:00pm To: "af@afmug.com" <af@afmug.com> Subject: [AFMUG] Fixed Point to Point Microwave Stations License Requirements- Hypothetical I have a hypothetical I would appreciate some opinions on, knowing no one is a lawyer; If ISP A acquires ISP B's fixed microwave point to point stations which have operating licenses in an asset acquisition, and ISP B refuses to transfer said licenses to ISP A, which CFR or ruling governs ISP A's solution? Since ISP A is now the operator of the control point they would be illegally operating the point to point stations without assuming them from ISP B, am I correct? Any rulings, court cases, opinions would be super. Thanks in advance.
