that's what I'm wondering, I guess if we got a cease and desist it would be against the landlord, who would have to stop the tenant?
On Wed, Jun 28, 2017 at 2:16 PM, Chris Fabien <ch...@lakenetmi.com> wrote: > Your recourse would be with the landlord. Unfortunately this puts them in > a bad situation since they violated the terms of your lease with them. I > don't think you have any way to make a claim agianst the other ISP unless > you had some non-compete agreement with them or something. > > On Wed, Jun 28, 2017 at 3:10 PM, Steve Jones <thatoneguyst...@gmail.com> > wrote: > >> is there realistically any recourse? >> >> On Wed, Jun 28, 2017 at 1:52 PM, Mitch Koep <af...@abwisp.com> wrote: >> >>> And your question is? >>> >>> >>> >>> On 6/27/2017 11:05 PM, Steve Jones wrote: >>> >>>> I am not asking about any FCC Part X rules, I know this isn't an FCC >>>> issue under any circumstances. >>>> >>>> We have leases with all our POP landlords, in the lease we own the site >>>> spectrum, with the exception of very few locations we don't collocate, just >>>> not worth the hassle. >>>> >>>> I come rolling up on a site today, 100 feet from our POP is a new POP, >>>> not us, cause though I used to enjoy spooning some powder with baking soda, >>>> I don't smoke crack, POP#2 isn't ours, even though its on the same >>>> property, Id recall a full EPMP and backhaul deployment. >>>> >>>> I'm an honest operator, very honest, like the first time UBT sent us >>>> new stickers for spectrum I made sure we actually put them out (be honest, >>>> pretty much NOBODY did that) I turn down power where we don't need it. I do >>>> my best to make sure we are compliant. I fought bosses to remove non >>>> compliant stuff I put up before I knew better. For the most part, I'm a >>>> good fucking neighbor, ask anybody abutting me. (with the exception of one >>>> location I collocate where I'm a dick, but a legal dick) >>>> >>>> So you can understand my dismay, being the pillar of the spectrum >>>> community Ive tried to be (also found out today I inadvertently fucked a >>>> fellow wisp on a bad choice I made with no follow up, I owned it with him >>>> and will be working on fixing that as of tomorrow) >>>> >>>> I approach everything with combat boots, assuming a battle. I'm >>>> guessing when it gets in the database this backhaul is going to be UBNT >>>> 11ghz, or some other nonsense (probably affiliated with the over wind >>>> loaded tower 3/4 miles away with 3, yes 3, UBNT 5ghz peanut shaped >>>> airfibers within 8 feet of one another (one link, one side points to the >>>> sky the other side points to the dirt) >>>> >>>> The question I have is about lease rules, and contract law, which the >>>> bulk of you old timers has dealt with. If the other operator (if its who I >>>> suspect it is, they use fuckery, like the UBNT demo mode, or whatever its >>>> called and other such garbage to even operate overpowered in DFS channels) >>>> doesn't want to play ball, as in "shut that shit off" will we be able to >>>> fight it? >>>> >>>> I know what went down, and how it went down, and I suspect I know who >>>> it is. The usual, guy approaches a site owner, offers unrealistic unicorn >>>> farts, unicorn farts always win, spectrum gets fucked. >>>> >>>> We do 5 year auto renewing leases, with 2 year breakouts. (you guys >>>> would likely cream your jeans seeing our lease, and though Ive asked, no I >>>> cant share it publicly, and yes, it was drawn up by an attorney) we get >>>> full control of the 5, 6, 11, 3, 2, 900mhz, etc spectrum (I don't have a >>>> lease handy to see the specific wording) per the site. >>>> >>>> I know we wouldn't have a horse in the race with the FCC, but with this >>>> boiling down to contract law, whats to stop us from A. willful interference >>>> (assuming out power doesn't get cut) and B. a cease and desist from a court >>>> for the other ISP, pending the 2 year termination? >>>> >>>> I'm handing this to the boss to handle, because my communication will >>>> start with "listen here motherfucker" and I don't see that as conducive to >>>> a positive outcome. I had my boy with me when I came to the site today >>>> because I was just getting accurate AGLs for bringing in a licensed >>>> backhaul. If he hadn't been with me, I probably would have yanked their >>>> ghetto enclosure off the wall and shot their antennas. >>>> >>>> Ill tell you what, I'm about to start acting like a lot of these yahoos >>>> and saying fuck the FCC, fuck good stewardship of the spectrum, and fuck >>>> general good manners. >>>> >>>> TBH I'm not sure if I'm asking advice here or just venting. probably >>>> both. but FYI, I'm so pissed off right now, if you have an ex old lady who >>>> needs disappeared, I'm your freaking guy >>>> >>> >>> >> >
