All jokes aside, you do NOT want to get into a pissing match with another WISP. No one wins.
Chris Wright Network Administrator From: Af [mailto:af-boun...@afmug.com] On Behalf Of Steve Jones Sent: Wednesday, June 28, 2017 12:30 PM To: af@afmug.com Subject: Re: [AFMUG] Dealing with a lease violation (5ghz) ubnt in test mode On Wed, Jun 28, 2017 at 2:20 PM, Faisal Imtiaz <fai...@snappytelecom.net> wrote: 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 <tel:(305)%20663-5518> Help-desk: (305)663-5518 <tel:(305)%20663-5518> 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