Clint, You were doing fairly well leading this thread until you stumbled (or smooth fell down) on point #3. If a WISP were to act/re-act in a fashion such as that it would elicit several consequences:
1. Whatever chance the offended WISP had at legal recourse is now defunct and irrelevant. It is the same as "throwing in the towel." It is comparable to complete surrender and admission to defeat in the industry that he had chosen. It is admission and belief that the other guy is better than I am and that is a tough pill to swallow. 2. It now opens the original offended WISP to legal battles and lawsuits himself by the originator of the noise. If the WISP turns his AP's around that means he no longer has clients attached and it is absolutely INTENTIONAL INTERFERENCE. 3. It also proves that the operator is not a professional at all and has no place here at WISPA or any professional wireless organization in the Country. I don't think that you as a professional consultant would actually suggest this eh? I am going to choose to think that was just rambling on list and get on with the thread since it is about as an unprofessional statement as I have read on any WISPA list this year. Clarification would be a good thing at this point. Thanks, Mac > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of Clint Ricker > Sent: Thursday, September 13, 2007 12:50 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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