On 7/25/2014 12:29 PM, Sam wrote:
> Two questions for you guys...
>
> Have any of you ever heard of a requirement to obtain an "Experimental
> License" (via a Form 442) to start up or operate a WISP? I'm trying to
> find something online that states what sort of radio, frequency,
> activity, or anything that defines who must obtain this license, but am
> finding nothing related to unlicensed spectrum.

No, you don't need an Experimental license to operate a WISP.  Form 442 
is the application for an experimental license, which is governed by 
Part 5 of the FCC Rules.  Such licenses are for "experimentation, 
product development, and market trials."  If equipment is type approved, 
it is not experimental, but a manufacturer might use this Part in order 
to test out new equipment or technology that isn't yet approved.  Part 5 
devices can theoretically operate in any part of the spectrum, provided 
that the license is granted -- the experimental license can be very 
specific about frequency, power, etc., as it's issued on a case-by-case 
basis.

WISPs usually operate under Part 15, which regulates unlicensed devices. 
(The 3650 MHz band is in Part 90, as it requires a non-exclusive 
license.)  So the FCC doesn't generally care about your Part 15 
operation so long as you use type-approved equipment and follow the 
appropriate rules for that equipment and the frequency it's operating 
on.  Note that there can be some special cases; under the new U-NII 
rules, if you have >1000 outdoor access points on the 5150-5250 band, 
you have to give the FCC notice.  But it's still unlicensed.

> Have any of you ever heard of a requirement to register with a state's
> Public Service Commission (for a WISP providing Internet connectivity
> only - no VOIP, telephony, etc.)

Not like a carrier.  You're providing an "information service" per 
federal definitions, and it's jurisdictionally interstate. It's not like 
a CLEC that needs certification. But there could be some kind of state 
business-licensing rules that apply to WISPs in some states; that's a 
legal question.

If a WISP wants to become an "eligible telecommunications carrier" in 
order to participate in the forthcoming Universal Service Fund reverse 
auctions and get federal USF money, it will need ETC certification, 
which usually comes from the state PUC, but I think you don't need that 
until after you win the auction.

-- 
  Fred R. Goldstein      k1io     fred "at" interisle.net
  Interisle Consulting Group
  +1 617 795 2701

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