IP: FCC starts enforcement action against WISP

[Dave Farber <farber () cis upenn edu>]

Sounds like what happened in the early days to Metricom in the courts. djf 
(and it stalled them out for a long time)


> Date: Thu, 22 Feb 2001 09:06:57 -0800
> To: Dave Farber <farber () cis upenn edu>
> From: Dewayne Hendricks <dewayne () dandin com>
> Subject: FCC starts enforcement action against WISP
>
> Dave:
>         The day that I've been predicting for some time has arrived. The 
> FCC has launched an enforcement action against a nationwide ISP who is 
> using Part 15 unlicensed devices to provide Net access, for interfering 
> with licensed amateur radio operations in the 2.4 GHz band.  Darwin 
> Networks, Inc. is a major nationwide ISP with operations in most major 
> markets in the US.  Paul Allen's Vulcan Ventures is a major investor in 
> the company.  You can find out more about them at their website at: 
> <http://www.darwin.net>.  A short description of their wireless service 
> offering can be found at: <http://www.darwin.net/wireless_access.htm>.  A 
> few more tidbits of information on this story can be found at: 
> <http://www.arrl.org/news/stories/2001/02/15/2/?nc=1>.
>         Now not to blow this action out of proportion, this is simply an 
> enforcement action at the moment for one specific situation.  If Darwin 
> Networks resolves the matter to the satisfaction of the FCC, the matter 
> will be concluded.  However, I do believe that when the word on this 
> action gets out to the major press outlets (and it will), then its going 
> to get a lot more play.  The press has already been running quite a few 
> stories on Part 15 interference issues. This action by the FCC shows that 
> they are going to take action to enforce the current law that protects 
> licensed operations over unlicensed.  At the very least this should be a 
> wake up call to all users of the ISM bands to get reacquainted with the 
> FCC rules that govern their particular service for operations in those 
> bands.  It also serves to show that the 'open' spectrum really isn't as 
> free and open as a lot of people think.  This should send a chilling 
> message to companies which are or soon plan to operate public access 
> networks based on unlicensed 802.11 technologies, such as Starbucks, 
> Microsoft and Metricom.
>
> -- Dewayne
>
> FCC QUERIES WIRELESS 'NET PROVIDER ABOUT INTERFERENCE TO HAMS
>
> The FCC has asked a wireless Internet system provider what it intends to do
> to eliminate interference to Amateur Radio operations in the Dallas, Texas
> area. The FCC wrote Darwin Networks Inc on February 8, 2001, regarding
> complaints of harmful interference to Amateur TV on 2.4 GHz that's said to
> be a result of the company's deployment of Part 15 devices in an apartment
> complex.
>
> The FCC said Darwin Networks' Part 15 devices at the Post Townlake Village
> property in Dallas apparently were installed in the apartment complex to
> provide Internet service using wireless 2.4 GHz nodes from Cisco Inc.
>
> In the letter, FCC Special Counsel for Amateur Radio Enforcement Riley
> Hollingsworth noted that operators of Part 15 devices are required to cease
> operation should harmful interference occur to authorized (ie, licensed)
> spectrum users. "Darwin Networks is obligated under Commission rules to
> locate the source of interference caused by its equipment and make necessary
> corrections within a reasonable time," he said.
>
> According to Hollingsworth, Darwin had written the unidentified complainant
> stating that its devices were operating under Part 18 Industrial, Scientific
> and Medical rules, which would not obligate the company to resolve amateur
> complaints. But Hollingsworth said it appears that Darwin is not operating
> Part 18 ISM devices but Part 15 devices that are not covered by the same
> sort of exception.
>
> Hollingsworth gave Darwin Networks 10 days to reply.
>
> Source: The ARRL Letter, Vol 20, No 7



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