I like that idea Steve. In a way some of us have already been doing this. I've ALWAYS offered to talk to anyone's competitors if they think it'll help to have an outsider involved. Few have ever taken me up on the offer though.

I think your idea for a wispa committee to investigate is a good one. I think one more step should be added though. The WISPA committee should FIRST try to contact the offending wisp and if that leads to nothing we'd work toward a formal FCC action.

I'm guessing that we'd have great support from the FCC's enforcement division if we'd follow the steps you've outlined.

Do you guys think that I should contact some of the enforcement folks at the FCC and float the idea?

Anyone willing to put together a 3 to 5 member committee to accomplish this?

laters,
marlon

----- Original Message ----- From: "Steve Stroh" <[EMAIL PROTECTED]>
To: "WISPA General List" <wireless@wispa.org>
Sent: Thursday, February 08, 2007 8:47 AM
Subject: [WISPA] Re: Dealing with bad players (was SPAM ?...)



Mac:

Aren't you one of those who wants to see dedicated "WISP Spectrum" become available, like 3650 or television broadcast whitespace?

Do you think there's an incentive by the regulators to grant such spectrum exclusively to WISPs, when, as "professionals" you know about such behavior, and do nothing? For the regulators to create WISP-only spectrum would be seen as overtly supporting "more of the same bad behavior"?

WISPA... of, by, and for WISPs, could take on some of these bad players as peers.

Here's how I see it potentially working:
1) You suspect a bad player is operating in your immediate area
2) You gather as much information as you can - put together a BRIEF report documenting what you REALLY know - hard facts like data from spectrum analyzer, photos of towers and/or radios that aren't legal, lat/long of known base stations, etc.
3) You present this to the WISPA "bad players" committee
4) WISPA "bad players committee" convenes to discuss whether or not you may well have a case of interference. The "bad players committee" only has the time and budget available to proceed with a handful of such cases per year. 5) IF the "bad players committee" agrees with your conclusions, they select a volunteer to come to your area to provide independent verification as to whether the "bad player" is really operating illegally. Said volunteer is compensated at least minimally - travel expenses, hotel, a SMALL stipend, all paid for out of a WISPA budget 6) If the volunteer agrees with you, then the "bad players committee" creates a formal complaint to the FCC field office nearest the suspected violation with documentation, certification of the independent volunteer that in their direct observations and professional opinion, there's reasonable suspicion that the bad player is operating illegally. The complaint is submitted with the full force of WISPA,. 7) WISPA follows up; if the FCC investigates, then all is well. If the FCC deigns not to investigate, WISPA can escalate - possibly press releases, etc. WISPA needs to hold the FCC accountable for following through on the very few cases of "suspected illegal WISP operations" that WISPA refers to the FCC.

As I see it, this process has sufficient checks and balances, and involves WISPA to the point where WISPA can provide "cover". It's still small-scale enough for the "we're just a bunch of small guys with limited resources" nature of WISPA and its limited budget. Having WISPA deal with the FCC only after internal vetting and developing reasonable grounds for suspicion removes the potential for an individual WISP to "tick off the FCC" thinking that they're just whining about a competitor and the FCC's initial attitude of "it's unlicensed spectrum, what do you EXPECT?!?!?!"

I'm sure that WISPA can get some expert advice about the wording for the formal referral to the FCC to the effect that WISPA isn't complaining about interference issues (which, everyone operating under Part 15 must accept) but rather WISPA is reporting suspected illegal, high-profile operations in violation of FCC Part 15 rules. The FCC doesn't have the resources for wild-goose chases, but if you really do your homework and the FCC can be reasonably sure that they won't be wasting their time, then they are much more likely to act.


Thanks,

Steve


On Feb 8, 2007, at Feb 8  07:49 AM, Mac Dearman wrote:

Marty,

That was not a "dig" :-) No offense intended. I agree 100% with what you
said and most of what Patrick "generally" has to say. (That aint no  dig
either Patrick) hehehe

I was just picking on my brother Leary!!

As far as UL operators - it is no different for us than it is in any other arena in the world. If there are limits placed there will always be those
who try to exceed that ir-regardless of how they are generally hurting
themselves. It is not just in the UL spectrum we see this - - it's in every
avenue of life. I didn't say that made it OK - I am saying that it
inevitable!

It is true that a few bad potatoes can ruin the whole basket, but that is just life I guess. All we can really do is build our networks in accordance to the current Part 15 rules. I also realize that not all of our systems are not certified by Patrick's definition, but as long as we attempt to build
one that "could be" certified by matching the correct antennas with  the
correct radios, maintain legal limits and good judgment through
manufacturers papers - we will all be OK.

I have a WISP in my area that is running two towers with 2 watt Hyperlink amps at the 12db Omni's. Believe me - I know about jack ass operators and
detest that type of operator. It really shows ignorance to pull such a
stunt, but these types of operators know absolutely nothing anyway.  Once
again - what we are doing and tolerating is nothing new - - these type folks
are everywhere in everything and every business in life - - just look
around!


Mac

---

Steve Stroh
425-939-0076 | [EMAIL PROTECTED]
Writing about BWIA again! - www.bwianews.com




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