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TBBroadband

join:2012-10-26
Fremont, OH
reply to Stavro

Re: Town ordinances violate OTARD, need advice

The FCC was given rights to make "rule" that is enforceable at the state level for pole sharing. The State must follow those rules and enforce them at the local level.

How can local gov't issue gag orders? that is a federal issue.

TBBroadband

join:2012-10-26
Fremont, OH
reply to Stavro
A shot gun would fix them for coming on the property. that and an electrified fence.


WHT

join:2010-03-26
Rosston, TX
kudos:5

1 edit
reply to TBBroadband
said by TBBroadband:

The FCC was given rights to make "rule" that is enforceable at the state level for pole sharing.

However, that only applies to public utilities. An investor owned MEMBER OWNED electric cooperative is exempt frorm requiring to give you pole access.

On a side not about Historic Preservation exemption.

said by WHT :
Had a call today from a WISP that said a city council required them to remove their antenna from a business location, citing the 1996 National Historic Preservation Act. The WISP asked for my understanding of the rules.

Simple answer...Part 15 devices are exempt.

NATIONWIDE PROGRAMMATIC AGREEMENT FOR REVIEW OF
EFFECTS ON HISTORIC PROPERTIES FOR CERTAIN UNDERTAKINGS
APPROVED BY THE FEDERAL COMMUNICATIONS COMMISSION
September 2004

II Definitions
A. The following terms are used in this Nationwide Agreement as defined below:
1. Antenna
/snip
For purposes of this Nationwide Agreement, the term Antenna does not include
unintentional radiators, mobile stations, or devices authorized under Part 15
of the Commission's rules.

Any way...the city isvery wrong. They are violating the OTARD Rule. I'll get back to this later.

TBBroadband

join:2012-10-26
Fremont, OH
reply to WHT
they are in the statuary law, but the FCC and the gov't still says FCC Rules. They were never given the power to write laws. But we're not here to debate the legal words and such.

TBBroadband

join:2012-10-26
Fremont, OH
reply to WHT
Actually not true with the poles. All utilities must now share. If they are not allowing sharing and someone wants on the poles the PUC must grant those companies access to the poles.

And if its classified only as investor owned; then almost 99% of the power companies the US are investor owned; First Energy Corp being the largest. And PG&E or American Electric Power being a close 2nd and 3rd.


WHT

join:2010-03-26
Rosston, TX
kudos:5
My bad... I didn't say that right. See my edit to say member owned electric cooperative [is exempt from the pole sharing requirement ].