Let's follow the logic... Property Owner wants more $, as such has chosen to ignore the 'exclusivity' right you may have listed in the contract.
You can exercise your right to complain.... You can exercise your right to take your marbles and go play somewhere else. Depending on who is paying more to the property owner, and who has a better relationship, you or the other guy can complaint on each other... but at the end of the day.. the property owner is going to ask you to just get along ! So the short answer is ..... NO, there is realistic recourse to what you have in mind.. You can always deploy Mimosa gear using 80mhz channels :) :) Faisal Imtiaz Snappy Internet & Telecom 7266 SW 48 Street Miami, FL 33155 Tel: 305 663 5518 x 232 Help-desk: (305)663-5518 Option 2 or Email: supp...@snappytelecom.net > From: "Steve Jones" <thatoneguyst...@gmail.com> > To: af@afmug.com > Sent: Wednesday, June 28, 2017 3:10:52 PM > Subject: Re: [AFMUG] Dealing with a lease violation (5ghz) > 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
