Best of the ISP-Lists

Politics

Call a Lawyer or a Vendor?

Members of the The ISP-Wireless discuss whether to cooperate or litigate when a rival WISP interferes with your business.

[November 26, 2002]

In November, DB asked the members of the ISP-Wireless list about the best way to handle an interference issue with a rival wireless service provider:

"One of our competitors is having problems with a point to point (PTP) link that we recently put up, but shut off, because their customers were dropping offline.

We are using DSSS and 2.4 GHz for our PTP's and they are using 2.4 GHz FHSS for multipoint on both polarizations. Our link is rock solid not amplified.

However the noise in the area is so bad that they don't get just retransmissions but actually drop-off completely, not to mention the fade margin on their links probably isn't the greatest (the system design may have worked four years ago, but not now). They want us to upgrade to a 5.3 GHz U-NII link, which we are open to. This is an unlicensed band and the noise situation is only going to get worse for them in the future.

They basically want to claim the 2.4 GHz on both polarizations to themselves. The way they are talking, they are mentioning lawsuits from they're customers to us, etc. I already know the etiquette side, but what are the legal sides of this?"

[EG advised] "He has no grounds for a lawsuit. He has to accept interference—that is what Part-15 is all about. As long as you're using certified components, he has nothing on you that he can use with FCC or any court. He might think he has the right to the spectrum since he was there first but he doesn't. It's unlicensed spectrum and that means anyone can use it at anytime. It sounds like he's just trying to use scare tactics to make you go away.

I'd not waste my time with him. If I were you I'd just turn my network back on and if he wants his link to work he will have to re-engineer it. If he suggests you use a certain polarization or change your channels then, sure, work with him. If it's your point to multipoint (PTMP) system that is taking him out, then suggest to him to upgrade his PTP link to a 5 GHz system since changing that PTP link is easier then chaging an entire PTMP system.

I'm not a lawyer so if he continues to press about lawsuit, get a WCA/LEA lawyer who can help you straighten this guy out."

[MS said] "Wrong—he was there first. He'll have all kinds of civil laws he can use to hassle and probably win and shut the new system down anyway. The FCC won't care but there are lots of other laws on the books that may apply.

The best thing to do would be to help him fix his system; it'll probably work better when he's done anyway.

The other thing we need to do is figure out why your PTMP links are interfering with his PTP link. Is he inline (in the middle or behind) with your links?"

[MA concurred] "I agree with MS. Just because the FCC's hands are tied, that doesn't preclude other avenues such as civil proceedings. One of the things that works well for us is the Tortiuous Interference with a Contract law that is available in most states. If you were there first, and subsequently John Doe comes along and sets up shop and by doing so, he takes your system down, he is interfering with the contract you have with your customers. This requires a "contract" or "business" lawyer and not a telecommunications lawyer. These guys are easier to find and cheaper to boot.

It is always much better to "help" the other person who is causing the unwanted interference. However, this doesn't always work because you will have people who think they know more about RF than you do, or have the attitude of "who the hell are you to tell me how to run my business?"

Of course, if they take that approach, then I'm betting that they won't last long in the business. Furthermore, all they accomplish because of this unwillingness to work together is that they spend a lot of money in a feeble attempt to start a wireless service and in the process of that failure, cause others in the business problems with their systems and relations with their customers. (This is the part that ticks me off the most.) I have no problem with idiots causing themselves damage. It's when they are allowed to cause others harm at no expense to themselves that bothers me. It's a real problem with the FCC's "hands-off" policy. But I accepted this reality when I first entered into the wireless world. I really wish there were laws about being stupid in public. (Yep, I would be found guilty sometimes too.)

Yes, please explain in more detail what you're experiencing. I could tell horror stories about people only being one-quarter mile away, with excellent LOS, maxing out the signal strength and very little noise (showing up on the graphs) and still not being able to surf. They can ping the tower but not past it. And by pinging the tower, not much noise "you would think" it is not an interference problem. But then reality sets in. I had to move this client to a Canopy system when even the 2.4 GHz smartBridge 100 mW radios wouldn't cut it.

Anyway, my suggestion is to try and work with them. If they want to play hardball, then they can pay an attorney $150 to send the you a cease and desist order."

—End