Your argument assumes issues such as anti-trust don't exist. The market is not always right especially when you have monopoly issues to deal with. In the case of telecom, we have competitive issues that the market has been unable to historically solve. See the breakup of AT&T and more recently the 1996 telecom act.
Now more to your point. The most ideal situation is for property owners to come to mutual acceptable agreements with telecom providers who need to access to their private property. That isn't always possible, but to imply that the property owner will always win is shorted-sighted. There are many cases where both the telecom provider AND the property owner can lose. One example of just the property owner losing, is the case of placing an antenna in exclusively controlled space where OTARD applies; the property owner regularly loses. If like you suggest a property owner gets rid of a tenant because of a dish, the tenant at no expensive can complain to the FCC. The property owner will then at their own expense have to argue before the FCC that they didn't violate OTARD. Understand the immense downside facing a property owner in this case. FCC rules trump almost all others including contract law. In fact, the only way to overturn an FCC decision regarding OTARD is an act of Congress. The best part of OTARD is that while the case is pending the property owner losing some of their property rights related to the tenant in question. At the end of the day, the problem with property owners is that they let in the monopolies for free and charge the competitors. Tenants should have access to competitive telecom providers. The property owner should receive compensation from telecom providers for access to their property. But, because the property owner can't get away with charging the monopoly they stick it to the competitive providers. This ensures that only the monopolies win. What we need is some basic market regulation. Property owners should be able to charge fair and reasonable access fees AND the monopolies should be required to pay them. At the same time, if the monopolies are going to be required to pay for access then all the other providers should be given access assuming they pay the same fees. This gives tenants choice, property owners compensation, and telecom providers an even playing field. -Matt On May 21, 2009, at 11:24 AM, Brad Belton wrote: > Hello Mike, > > Still doesn't mean the property owner can't keep you out. > > Again, bottom line after all is said and done the property owner WILL > prevail one way or another. Again, it is his private property and > should be > this way. > > If the property "A" doesn't have covered parking, but property "B" > does and > covered parking is important to you then lease from property "B". > This is > no different than if a property has Mike's Internet or not. If you > desire > Mike's Internet then find a property that has Mike's Internet or a > property > that will allow Mike's Internet to be installed. Otherwise lease > elsewhere. > If this happens often enough than I guarantee the property owner > will find a > way to get Mike's Internet, so that they can close on more leasing > opportunities. > > This isn't rocket science. The market always works these issues out > in the > end. > > There is no law stating the property owner has to lease to you or > renew a > tenant lease. So, they may get to hang that DSS dish eye sore off > the front > of the building on their balcony for a while, but when their lease > comes up > they'll be gone and so will that dish. > > In the end the property owner will prevail as they should. You will > always > attract more bees with honey vs. vinegar. Trying to force yourself > into a > property citing FCC rules etc, etc will be your first and last > mistake with > a landlord. Word spreads quickly of such tactics around town and > within > BOMA. > > Best, > > > Brad > > > > > -----Original Message----- > From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] > On > Behalf Of Mike Hammett > Sent: Thursday, May 21, 2009 9:02 AM > To: WISPA General List > Subject: Re: [WISPA] Service Limits > > I'd have a more authoritative source, but "The normal FCC website is > temporarily unavailable due to technical difficulties. We are > working to > restore the full FCC website back to normal as soon as possible." > > Residential telecom was banned on March 21st, 2008. Commercial > telecom was > banned October 12, 2000. The October 12, 2000 ruling also put fixed > wireless under OTARD's umbrella. > > > http://www.wcsr.com/resources/pdfs/telecomm032608.pdf > > http://www.dlapiper.com/us/publications/detail.aspx?pub=3094 > > > ----- > Mike Hammett > Intelligent Computing Solutions > http://www.ics-il.com > > > > -------------------------------------------------- > From: "Tom DeReggi" <wirelessn...@rapiddsl.net> > Sent: Thursday, May 21, 2009 1:30 AM > To: "WISPA General List" <wireless@wispa.org> > Subject: Re: [WISPA] Service Limits > >> Care to explain how that is illegal? >> >> Tom DeReggi >> RapidDSL & Wireless, Inc >> IntAirNet- Fixed Wireless Broadband >> >> >> ----- Original Message ----- >> From: "Mike Hammett" <wispawirel...@ics-il.net> >> To: "WISPA General List" <wireless@wispa.org> >> Sent: Thursday, May 21, 2009 12:51 AM >> Subject: Re: [WISPA] Service Limits >> >> >>> Actually, there was a law passed a couple years ago that prevented >>> this >>> very >>> thing. They cannot stop Verizon, Comcast, Time Warner, Level 3, >>> or Joe's >>> Crab Shack Internet Service from installing cables from outside into >>> their >>> suite. They can make it costly and they can make it a PITA, but >>> they >>> must >>> allow their installation. >>> >>> The flip side of this issue is property own only allowing Bob's >>> Telecom, >>> which is excessively priced because Bob and Jim (your landlord) are >>> brothers. That is illegal. Same situation as we're talking about >>> here. >>> >>> >>> ----- >>> Mike Hammett >>> Intelligent Computing Solutions >>> http://www.ics-il.com >>> >>> >>> >>> -------------------------------------------------- >>> From: "Brad Belton" <b...@belwave.com> >>> Sent: Wednesday, May 20, 2009 9:11 PM >>> To: "'WISPA General List'" <wireless@wispa.org> >>> Subject: Re: [WISPA] Service Limits >>> >>>> Hello Mike, >>>> >>>> Have to step in here and disagree. Private property. If they >>>> don't >>>> want >>>> you they can keep you out one way or another. This may not sit >>>> well >>>> with >>>> some, but it is the proper thing to do. The market will always >>>> sort >>>> these >>>> type of issues out themselves without third party or government >>>> intervention. >>>> >>>> This is no different than comparing any property amenity. >>>> Property "A" >>>> has >>>> XYZ vs. Property "B" doesn't. Some will find the XYZ amenity >>>> important >>>> and >>>> opt for Property "A" over "B". If enough people do then you can >>>> bet >>>> Property "B" will find a way to add XYZ or a comparable amenity. >>>> >>>> Best, >>>> >>>> >>>> Brad >>>> >>>> >>>> -----Original Message----- >>>> From: wireless-boun...@wispa.org [mailto:wireless- >>>> boun...@wispa.org] On >>>> Behalf Of John Thomas >>>> Sent: Wednesday, May 20, 2009 8:26 PM >>>> To: WISPA General List >>>> Subject: [WISPA] Service Limits >>>> >>>> I realize that is the way it is supposed to happen, but that hasn't >>>> happened here. >>>> We have Office space in Bishop Ranch, San Ramon CA. We are not >>>> allowed >>>> in the MPOE, and apparently others aren't either. We have been >>>> able to >>>> get T-1s pulled in, and then we gave handed the authorized >>>> personnel the >>>> other end of our Cat 5 to punch down and connect our Service >>>> Providers >>>> T-1's. When we asked Time Warner about the fiber, they sent us a >>>> map, >>>> showing fiber at the sidewalk, less than 100 feet away, and they >>>> claimed >>>> that Bishop Ranch wouldn't lt them in the MPOE, so they couldn't >>>> deliver. Maybe someone has bogus information? >>>> >>>> John >>>> >>>> >>>> Mike Hammett wrote: >>>>> If you want their service, they can't restrict you, AFAIK. >>>>> >>>>> >>>>> ----- >>>>> Mike Hammett >>>>> Intelligent Computing Solutions >>>>> http://www.ics-il.com >>>>> >>>>> >>>>> >>>>> -------------------------------------------------- >>>>> From: "John Thomas" <jtho...@quarnet.com> >>>>> Sent: Tuesday, May 19, 2009 9:57 PM >>>>> To: "WISPA General List" <wireless@wispa.org> >>>>> Subject: Re: [WISPA] I need a few people to run a bandwidth test >>>> tomeplease...> As they say, your mileage may vary.... We have a >>>> 2xT1 >>>> that >>>> we pay $560 >>>>> >>>>>> per month for, and the routing/peering at TW Telecom is good, >>>>>> but then >>>>>> again, we are in the San Francisco Bay Area. If the building >>>>>> owners >>>>>> would have let TW Telecom into this buildings MPOE's we would >>>>>> have a >>>>>> 10 >>>>>> meg fiber circuit and be paying about $700 for it. The fiber is >>>>>> at the >>>>>> curb, but Bishop Ranch won't let TW Telecom in.... >>>>>> >>>>>> John >>>>>> >>>>>> >>>>>> Matt Liotta wrote: >>>>>> >>>>>>> Personally, I wouldn't go with TW Telecom for bandwidth. They >>>>>>> tend to >>>>>>> be overly pricy and their peering is too selective. In a case >>>>>>> where >>>>>>> the city you are located in doesn't have good peering such as >>>>>>> Orlando >>>>>>> you need to carefully select your upstream. In the case of TW >>>>>>> Telecom, >>>>>>> they have hardly any peers in Atlanta, which is the closest >>>>>>> major >>>>>>> peering point to you. This causes most of your US based >>>>>>> traffic to >>>>>>> flow through Ashburn or Dallas. >>>>>>> >>>>>>> -Matt >>>>>>> >>>>>>> On May 14, 2009, at 9:48 PM, Scott Carullo wrote: >>>>>>> >>>>>>> >>>>>>> >>>>>>>> Just download a file via http from our web server at >>>>>>>> http://208.65.55.55/dummy.zip >>>>>>>> and then >>>>>>>> http://64.128.251.33/dummy.zip >>>>>>>> >>>>>>>> Then email me with how fast each went and a traceroute from >>>>>>>> you to >>>>>>>> just one >>>>>>>> of the servers please (they take same route). >>>>>>>> >>>>>>>> If you are not capable of downloading at 20MB on the Internet >>>>>>>> then >>>>>>>> the data >>>>>>>> is not too useful for me... >>>>>>>> >>>>>>>> Thank you I appreciate your time and assistance. >>>>>>>> >>>>>>>> Scott Carullo >>>>>>>> Brevard Wireless >>>>>>>> 321-205-1100 x102 >>>>>>>> >>>>>>>> >>>>>>>> >>>>>>>> >>>> > ---------------------------------------------------------------------------- >>>> ---- >>>>>>>> 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/ >>>>>>>> >>>>>>>> >>>>>>> >>>>>>> >>>> > ---------------------------------------------------------------------------- >>>> ---- >>>>>>> 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/ >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>>> >>>>>> >>>>>> >>>> > ---------------------------------------------------------------------------- >>>> ---- >>>>>> 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/ >>>>>> >>>>>> >>>>> >>>>> >>>>> >>>> > ---------------------------------------------------------------------------- >>>> ---- >>>>> 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/ >>>>> >>>>> >>>>> >>>>> >>>> >>>> >>>> >>>> > ---------------------------------------------------------------------------- >>>> ---- >>>> 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/ >>>> >>>> >>>> >>>> >>>> > ---------------------------------------------------------------------------- > ---- >>>> 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/ >> > > > ---------------------------------------------------------------------------- > ---- > 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/ > > > > > -------------------------------------------------------------------------------- > WISPA Wants You! 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