[Novalug] who knows a wifi savvy lawyer? I think I need one...

Miles D. Oliver moliver@mmoliver.org
Sat Jan 6 13:36:34 EST 2007


    The problem could be solved if the ISP would just put in an access 
point here in the neighborhood, but they haven't been warm to the idea at 
all. They claim that there isn't enough financial incentive to do so. But 
I guess if I try and 'suck them in' if I the legal process heats up then 
they will have to address it.

Heck if I could get away with paying my neighbor to let me tie an AP into his
connection and offer to split his fees I'd try. But that would break his 
agreement with the ISP to resell.

  The issue could be solved technically if all parties were WILLING to look 
for a solution.

    There are a few neighbors who have the exact same ISP service that I 
do.  We all commiserate together over the ISP's service but we also have 
no other options.

   The neighborhood is able to communicate line of sight to 2 towers. 
Those on the hill to the west use one tower. The neighbors behind me to 
the east use the tower to the north. My home sits in the most akward 
position of any home in the neighborhood. I am at mid level in elevation 
in relation to all the homes but am surrounded by hills that obstruct 
direct tower access.

   All my other neighbors use small antennas that sit flat on their roofs 
in relation to their towers because of the way their houses sit in 
elevation to the towers. They all have line of sight access with no 
obstructions.

   I gain access to the tower to the west as it is the only way I can 
get line of sight access with the shortest pole .  My antenna must sit on 
a 6 foot pole on my roof to get to the west tower.  It would be shorter if 
the house on the hill to the west wasnt in the way. I have to get over 
that house to get to the tower. I would need an even longer pole to use the
tower to the north. All because line of sight is required for the 
transmission. The home behind me to the east is at an even lower elevation 
but because of the layout of the land they have a clear shot to the north 
tower. I would need about a 20 foot pole on my roof to be line of sight to
use the north tower. so It was chosen to use the 'lesser of  two evils' to
point to the tower to the west.

  If I could get the ISP to put in an access point on one of the neighbors 
homes, preferably the house behind me to the east (that goes to the tower 
to the north) I could have an inconspicuous 'box' sitting on my roof 
like everyone else that could not be seen from the street, I would go 
through my neighbors antenna and the whole business would be DONE.  I could
tell the "KING" to go 'you know where' and be happily on my way until he
finds something else to get after me about.  He wants to run me out I guess.

  The ISP claims that there is no benefit for them in adding an access 
point for a single home.  The ISP does not seem to see that there will be
over 20 homes in this neighborhood that MAY want their services and given 
that these houses are located at the same elevation as mine they may be 
in the same boat as I if they want service.

  I guess being a customer for 2 years and being their first customer in 
this neighborhood doesn't amount to much. I've paid them over $2500 for
installation and ISP service fees in that time.  I have provided them 
benefit of my professional experience and and tools in that time and it
offers no weight.

  So there is a technical solution, but the unwillingness of the ISP to do 
anything is compounding the issue.

  I wonder if approaching the 'KING' with a document that could explain in 
plain english (would have to be for this DUMB SOB to understand) that 
there is a technical solution to the problem but it would require 
cooperation of the ISP to implement it.   He claims to be such a BIG SHOT 
in Winchester, perhaps its time for him to throw his weight around and 
see if he has any pull to get it done.

  I'd retain my Internet connection, the "KING" would get the antenna off 
my roof, I'd be happy until he finds something else to bitch about and the 
ISP would still have a paying customer.

  But LOGIC doesn't seem to enter this equation when it comes to the "KING" 
and the ISP so I doubt if anything will happen

On Sat, 6 Jan 2007, David A. Cafaro wrote:

> Ok, well, as another person stated, don't panic yet, you may yet have
> options.  I'm sure when you originally moved in you checked all your
> available options for Internet, but I'm curious if you have checked
> recently again.
>
> Here are some options I see:
>
> 1.  Contact a WiFi attorney as originally planned and ask about if there
> is some leniency in the law since you are only about 2.5 inches over the
> official size limits.  Also, has this guy climbed onto your roof to
> measure it?  It probably looks close to 1M in size, but if it gets nasty,
> you'll need some real legal standing behind you.
>
> 2.  Work with your current ISP and see if there is a swap for a smaller
> antenna, different shaped antenna, etc..  They need to work on this, as it
> may be an issue in the future for other customers of theirs.  They should
> have done their homework before this, does not bode well for their future.
>
> 3.  Talk to Comcast/Adelphia, what would it take for them to wire your
> neighbor hood, what time frame.  If you got a petition from your neighbors
> all interested what would happen?
>
> 4.  Check satelite options again, maybe speeds have improved.  They are
> constantly putting up new satellites and improving service, maybe they
> have improved speeds recently
>
> 5.  What about the new 3G download over digital cell networks.  Given you
> mentioned that your out there a ways, so chances are they haven't rolled
> this out yet in your area, but doesn't hurt to check.  In some area's
> downloads over these HighSpeed cell networks are in the range/surpass fast
> DSL service.  Again, chances aren't good, given your location, but you
> could always be surprised.
>
> First on the list again is checking with the attorney and working with
> your ISP.  It's in your ISPs best interest to figure out an antenna that
> fits the federal regulations.  They will want this, and can advertise the
> advantages of that in the future literature.
>
> Good luck,
> David
>
>>
>>
>>   Stupid lying ISP...
>>
>>   They finally coughed up the specs on my antenna and it turns out that
>> its
>> width is larger than one meter (42" and not 39.37") so it looks like even
>> with the OTARD rules I am not in compliance.
>>
>>   I've dragged my ISP into this, Asking them for their assistance in this
>> matter as they provided, and still own the antenna and selected this unit
>> as the one for my service.  Their service is overpriced, customer
>> service sucks, and works lousy at times but it is at a better speed than
>> Satellite and I have NO OTHER Options. I'm 12 miles from a C.O. so DSL is
>> out. Adelphia Cable terminates over 3 miles away down the main road.
>> Wife needs the speeds when she telecommutes. I no longer work from home,
>> and my new job bars me remote access so I don't need the services as much
>> as I used to.
>>
>> So I start out 2007 with another thread of aggrivation that I didn't want
>> to deal with.
>>
>>
>>
>>
>> On Tue, 2 Jan 2007, David A. Cafaro wrote:
>>
>>> This is probably what you are looking for:
>>>
>>> http://www.fcc.gov/mb/facts/otard.html
>>>
>>> You can probably just print that out and shut him up pretty quickly.
>>>
>>> (Though maybe take that over to him while wearing the INS hat, nothing
>>> against the workers, but would be nice to see him sweat it...)
>>>
>>> Cheers,
>>> David
>>>
>>>
>>> On Jan 2, 2007, at 6:14 PM, Miles D. Oliver wrote:
>>>
>>>>
>>>>  The developer of the neighborhood where I live is a real JERK.
>>>>
>>>> Tonight I  went over before dark to where he was building a house
>>>> across
>>>> the street.  He's built several homes in the neighborhood after we have
>>>> moved in and during construction the trash from the workers constantly
>>>> blows into my yard. My dog picks it up and carrys it all over too. I'm
>>>> tired of picking it up all the time.
>>>>
>>>> I asked him to please pickup and got an earful about how "Mother
>>>> Nature"
>>>> made the mess and to stop bothering him while he was working.
>>>>
>>>> Funny that when I built my shop last summer that I had the same
>>>> 'construction mentality' people who throw stuff on the ground and I
>>>> spent
>>>> each night picking up so it would not blow everywhere. I went into
>>>> neighbors yards as well to make sure I was being a good neighbor.
>>>>
>>>> So keeping it clean IS POSSIBLE......
>>>>
>>>> Which brings me to the real reason for the email.
>>>>
>>>> He starts in about my WISP antenna on my roof and that I HAVE TO take
>>>> it
>>>> down.  I got the 'you wanna play hardball with me... I'll fix you!!!"
>>>>
>>>> I refrained from telling him that I would take it down if he turned
>>>> around
>>>> and bent over so I could dispose of it. ;-)
>>>>
>>>> My initial information tells me that he can't make me take it down
>>>> because
>>>> I am allowed to send/recive public signals that I pay for but I may
>>>> have to
>>>> cite law to him to get the JERK to understand.
>>>>
>>>> So, I am probably going to have to find a lawyer who is Internet savvy
>>>> enough to understand what I have, and tell me if I am right or if I
>>>> will
>>>> have to find another means of an Internet connection.
>>>>
>>>> Can anybody recommend anyone or help me find laws to help me determine
>>>> what
>>>> I am up against??
>>>>
>>>>
>>>> --
>>>> Miles D. Oliver
>>>>
>>>> _______________________________________________
>>>> Novalug mailing list
>>>> Novalug@calypso.tux.org
>>>> http://calypso.tux.org/cgi-bin/mailman/listinfo/novalug
>>>
>>> David A. Cafaro <dac@cafaro.net>
>>> Cafaro's Ramblings:  www.cafaro.net
>>>
>>>
>>>
>>
>> --
>>   Miles D. Oliver
>>
>>
>
>

-- 
  Miles D. Oliver




More information about the Novalug mailing list