Ever wonder what kind of rat's next the mesh guys are gonna run into with this???

roflol  Eat that Earthlink!!!!  Should be fun to watch.

Marlon
(509) 982-2181                                   Equipment sales
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42846865 (icq)                                    And I run my own wisp!
64.146.146.12 (net meeting)
www.odessaoffice.com/wireless
www.odessaoffice.com/marlon/cam



----- Original Message ----- From: "Larry Yunker" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, May 31, 2006 3:55 PM
Subject: Fw: [WISPA] Towers and the Law


I stand corrected. The actual text of the document indicates that the rules
apply:
"on property within the exclusive use or control of the antenna user where
the user has a direct or indirect ownership or leasehold interest in the
property"

So, if the antenna is situated on leased or owned land (residential or
commercial), OTARD can apply. However, OTARD still only deals with end-user
antennas and not WISP broadcast service antennas.

- Larry

----- Original Message ----- From: "Matt Liotta" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, May 31, 2006 4:31 PM
Subject: Re: [WISPA] Towers and the Law


I wasn't arguing that point; I was arguing that OTARD doesn't only apply to residential property.

-Matt

Blake Bowers wrote:

As long as you quote, Larry is correct.  Look at the web page
you mention...   The subject line...

Over the Air RECEPTION devices rule.

Then it does make a little exception down lower in the page,

On October 25, 2000, the Commission further amended the rule so that it applies

to customer-end antennas that receive and transmit fixed wireless signals.

This amendment became effective on May 25, 2001.


CUSTOMER-end antennas.

Q: Does the rule apply to hub or relay antennas?

A: The rule applies to "customer-end antennas" which are antennas placed at a customer location for the purpose of providing service to customers at that location. The rule does not cover antennas used to transmit signals to and/or receive signals from multiple customer locations.



Then it pretty much squashes a WISP's antennas for providing service to multiple users.....







----- Original Message ----- From: "Matt Liotta" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Wednesday, May 31, 2006 4:11 PM
Subject: Re: [WISPA] Towers and the Law


From http://www.fcc.gov/mb/facts/otard.html...

Q: Does the rule apply to commercial property or only residential property?

A: Nothing in the rule excludes antennas installed on commercial property. The rule applies to property used for commercial purposes in the same way it applies to residential property.

-Matt

Larry Yunker wrote:

For the record, OTARD applies to residential rights to have an antenna which enables reception of TV broadcast/satelite signals. I think that OTARD could be used to establish a similar right for a residential use of broadband access antennas as well. However, OTARD doesn't do anything to give the PROVIDER (rather than the end-user) rights to install necessary antennas. So, it sounds like you got lucky with your towers.

- Larry




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