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Stavro

join:2013-08-17
reply to TomS_

Re: Town ordinances violate OTARD, need advice

said by TomS_:

Perhaps start by writing a strongly worded letter voicing your disappointment at how their regulations prevent people like yourself from establishing a local business to provide competitive broadband services to the community. If they care about anything they should care about things that affect their community.

The incumbent carrier practically runs the town. The elected officials just take kickbacks and say yes to whatever the incumbent says.

Every time someone has tried to speak up at a town meeting, via letter, or picketing, the incumbent will cut all their services to their home. And since the incumbent kicked out all the other carriers as soon as they bought the poles and rights of way from the power company, that means speaking up leaves you with no option for TV, phone, or internet.

To give you an idea of how much of a stranglehold the incumbent carrier has, a developer bought land on the edge of town, with the agreement that the town would grant water/sewer rights. But as soon as a neighboring telephone carrier ran wires along the road leading into the development, the town imposed an indefinite building moratorium, imposed gag orders on everyone involved, and is now ten years into a $100M lawsuit filed by the developer who is now sitting on worthless land.


TomS_
Git-r-done
Premium,MVM
join:2002-07-19
London, UK
kudos:5
ugh. That doesnt even sound legal ...

I would start with a public awareness campaign then, and get the people to force change for you.

But from the sounds of it, that could take a long time.


54067323

join:2012-09-25
Tuscaloosa, AL
reply to Stavro
said by Stavro:

The incumbent carrier practically runs the town. The elected officials just take kickbacks and say yes to whatever the incumbent says.

Any chance this is Cary North Carolina?

TBBroadband

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


WHT

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

1 edit
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
Reviews:
·AT&T U-Verse
·MegaPath
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 ].