Clint, Your solution as you stated it has no place on the WISPA list. We will not allow this kind of (presumed) advice to penetrate our list. I'm referring to point No. 3 in particular. It goes against the WISPA Code of Ethics and against FCC policy. I ask that you refrain from making suggestions like this again.
Respectfully, Rick Harnish -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Clint Ricker Sent: Thursday, September 13, 2007 2:50 AM To: WISPA General List Subject: Re: [WISPA] Legal Charges used in Malicious Interference Situations Dustin from one of the WISPs down in Florida related a couple of years back the following solution that had worked for him in such situations: 1. Go to the offending provider 2. Relate to them that, if they proceed, they will drive your customers away 3. After which point, you will have nothing better to do with your wireless gear than to turn it around and blast their APs. Is there legal recourse? Perhaps, but civil would be the only way that I can see...not to mention that time / expense / trouble spent in such a pursuit is not to be understated. See a good telecom lawyer if you decide to head down that route; if you are having a major problem, then the money spent getting their viewpoint on the matter is worth it.... A well drawn up cease and desist letter from a good attorney (if you are out in the boonies, don't use a local guy, pay for a telecom lawyer). It is probably bluffing because I doubt you have the resources for a full on litigation, but, then again, they probably don't either... Remember, one of the liabilities of unlicensed is, well, that it is unlicensed. Which means you don't actually have rights to anything. Which means, as is FCC policy, that "take interference" is policy... There are reasons why companies are bidding in the GDP of a small country to get licensed over unlicensed.... On 9/12/07, George Rogato <[EMAIL PROTECTED]> wrote: > Issue is that if you are using legal 2.4 equipment and the new guy is > using legal 2.4 equipment, the fcc is not going to get involved. > > or any unlicensed frequency > > Matt Liotta wrote: > > No need to get into complicated legal territory. If you can prove to a > > jury that a company is not complying with FCC rules in a way that is > > interfering with your business then you can certainly win a tortuous > > interference suit against the company in question regardless of whether > > the FCC will commence enforcement. Additionally, you should immediately > > send the company a cease and desist letter with a deadline. After the > > deadline you file a compliant with state court and ask for an injunction > > to have the court force the company to cease their interference. A > > couple hours of your attorney's time should be able to get both done. If > > you have to litigate the hours will go through the roof. > > > > -Matt > > ---------------------------------------------------------------------------- ---- > > > > > > ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 at > > ISPCON ** > > ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** > > ** THE INTERNET INDUSTRY EVENT ** > > ** FREE Exhibits and Events Pass available until August 31 ** > > ** Use Customer Code WSEMF7 when you register online at > > http://www.ispcon.com/register.php ** > > > > ---------------------------------------------------------------------------- ---- > > > > WISPA Wants You! 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Join today! http://signup.wispa.org/ ---------------------------------------------------------------------------- ---- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/ No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.485 / Virus Database: 269.13.15/1003 - Release Date: 9/12/2007 10:56 AM No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.485 / Virus Database: 269.13.15/1003 - Release Date: 9/12/2007 10:56 AM -------------------------------------------------------------------------------- ** Join us at the WISPA Reception at 6:30 PM on October the 16th 2007 at ISPCON ** ** ISPCON Fall 2007 - October 16-18 - San Jose, CA www.ispcon.com ** ** THE INTERNET INDUSTRY EVENT ** ** FREE Exhibits and Events Pass available until August 31 ** ** Use Customer Code WSEMF7 when you register online at http://www.ispcon.com/register.php ** -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
