Let me clarify what I was trying to say; if it came across the wrong way, please excuse my irresponsibility of posting at 3:30 in the morning and not necessarily being as coherent as I may like to have been.
To some extent, this is a common "issue" for all sorts of businesses--not just WISPs. Most SMB organizations (be it Rotary, chambers, trade organizations, or likewise) have a heavy emphisis on what can best be summarized by "fair business practices". (Rotary's "is it fair" is a good example) While some may point to this as a moral issue (which it is to some degree), I tend to view this as simply good business practices. While it is not necessarily the most intuitive concept to some new business owners, most people who have been in business for a while learn that engaging in unfair business practices ultimately hurt themselves in the long run and are often not even a good ideal from a fiscal/business sense. (That isn't to say that some people don't profit from this, but by and large, most people suffer). For example (I am in the process of moving), one of the lenders I have been shopping at for a mortgage has been very insulting towards his competition. While, on the surface, I suppose he feels that he is "advertising" himself as "better"; most customers take from the experience that lenders are generally a corrupt bunch. Bad mouthing your competition, in the end, bad-mouths the industry as a whole and makes it harder for anyone to get customers in the future. I generally have a bad feel for real estate agents for just this reason; as such, when selling my house, I did a for sale by owner. This is because I've heard enough unprofessional/malicious comments about various real estate agents from other agents that I've generally gotten the idea that I don't have good odds of getting a reliable agent... In any case, what I was relating was not a plan of action, but a brief outline of a conversation that was related to me. New businesses, of all sorts, sometimes do have to be explained some basic principles of doing business...a lot of this is general (ie the basic rotary/chamber stuff), some of it is industry specific (interference on unlicensed spectrum). In the end, the point of the conversation is to make it clear that a "good business" culture is the only culture in which ANYONE can build a business model. In the case of WISPs, the only way ANYONE has a business model is for EVERYONE to participate in a culture of trust and cooperation--noise is much easier to cause than signal. If a new upstart has the short sighted vision that knocking off the competition using malicious tactics will gain them customers, explaining to them that, in such an environment, no one has any reliability on their business model may be in order. BTW, for the record, I don't advocate actually knocking off, or (tactily or otherwise) threatening retaliation...one, it removes any and all opportunity of legal recourse, two, it is unethical, and three, it is generally bad business practice. However, a face to face conversation explaining that this is really in no ones best interest be in order, and, if conducted tactfully and in the right spirit, may achieve what legal action may not be able to do. This is, in my mind, not too different from one competitor maliciously maligning another--the first option is to be professional, take them out to lunch, and discuss it civilly (not threatening to malign them back, but explaining that they are damaging the integrety of their profession and, subsequently, pushing customers to explore other routes. If a customer has a problem with a WISP not being able to deliver good service, they often will look for a hard-line replacement, not a competitive WISP. Competition is a funny thing, since, there is either an enviroment where WISPs are viable, or there isn't. This is true for any type of business. I hope this clears this up; again, for the record, I wasn't advocating "retalitory strike" or even really threatening a retalitory strike, but simply having a conversation explaining that there is no "win-lose" situation based on malicious business practices, simply, in the end, lose-lose. -Clint Ricker Kentnis Technologies On 9/13/07, Mac Dearman <[EMAIL PROTECTED]> wrote: > 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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