RE: [isp-wireless] FCC Form 477 Opinion

[Scott Carullo <Scott@...>]

Nobody should be required to hire a lawyer to figure out if they need to
send in a form or not.  As many people as have debated the point here
demonstrates that this is not as black and white as it could have / should
have been.

I'm filling it out, but I am not happy about it and am not sure whether it
will be sent tomorrow.  Is there no way to figure out the answer to this
question except for hiring an attorney (not going to happen this time
around) or calling the FCC which I'll talk to someone who will most
definitely say YES - go ahead and send it in to be safe...

I looked through the list (the drop down lost of other companies who have
filed before) and there are VERY few WISPs in the list.  Mostly small cable
and telephone companies.  So what happens to the 500 other WISPs that have
not filed /will not file?  If nothing, I prefer to be one who doesn't
involve myself in needless paperwork.

What are the penalties associated with NOT filing this form?  Almost
everyone on this list in business more than a year would be victim to this.
If there is a penalty it should be clearly documented like the instructions
(maybe even better).  Does anyone know where this information can be found
and whether it even exists?

If I don't file my corporate return I know the penalty.  If I don't file my
taxes I know the penalty.  If I don't file a Form 477 then what happens...

Thanks,
Scott

-----Original Message-----
From: Robert Canary [mailto:phantom@...] 
Sent: Monday, February 27, 2006 2:51 PM
To: isp-wireless@isp-wireless.com
Subject: Re: [isp-wireless] FCC Form 477 Opinion

{very quietly}{while rubbing forehead){deep breath}

The wish list of the FCC, weather it is given as a FAQ, or instructions on a
form, dosen't change or alter the entities discribe in the reporting mandate
of 2004 (and the Telco Act).

If you're a TELCO and you sell wireless facilities, or even have a
subsidiary which sells facilities wirelessly, or even if your a small ISP
and sell wireless facilities, then yes report it.  The FCC cannot change the
definition of a congressional mandate simply to make things easier (or
whatever their motive).  Simply creating continuity between your network
switch and a remote location will not classify as a facility service.

Wireless ISP are not facilities, they simply provide an extended wireless
ethernet connectivity to their internal network.  We do not connect end
users to the internet, we connect them to our infrastructure.  We do not
supply UNE, we do not supply leased facilities (facilities as previously
defined by the Telco Act).  We do not utilize the any congressional
requlatory medium such as the PSTN copper, between us and the remote.  We do
not utilize any multichannel T1 microwaves(licensed or unlicensed) to go
between us and the remote.

Although that would be a good business to look into, serving high end
backhauls(backbone) through out the country over high end radio T1 channels
would classifiy me to report that because the division of channels and
facilities which it would deliver.

Show the list the original mandate and the orginal TELCO verbage.  Why are
you so persistant in pushing an instruction sheet or FAQs?

IMHO, you need to be trying to find every reason why we should *not* be
included in this mess, keep pushing this and you will end up with the TELCO
buying your wireless OEMs and $10 worth of hidden taxes on every damn
wireless connection you deploy.  Or is that what your being told to do?

On a brighter note:  I did just make a tenative(not final) deal on a
mid-east to east coast 700Mhz lease plan.

Thanks for the info in your post.


Rick Harnish wrote:

> The following is a response from Kris Twomey, who is an attorney 
> specializing in FCC Law:
> 
> 
> Yes, WISPs must fill out Form 477. Here is the link to the 
> instructions for the form: 
> http://www.fcc.gov/Forms/Form477/477instr.pdf
> In that form, the relevant part is below. And as an aside, sheesh, 
> everybody should try to be a little nicer to each other. And that's 
> coming from a lawyer even...
> 
> . Facilities-based Providers of Broadband Connections to End User
Locations:
> Entities that are facilities-based providers of broadband connections 
> - which, for purposes of this information collection, are wired 
> "lines" or wireless "channels" that enable the end user to receive 
> information from and/or send information to the Internet at 
> information transfer rates exceeding 200 kbps in at least one 
> direction - must complete and file the applicable portions of this 
> form for each state in which the entity provides one or more such
connections to end user locations.
> 
> For the purposes of Form 477, an entity is a "facilities-based" 
> provider of broadband connections to end user locations if it owns the 
> portion of the physical facility that terminates at the end user 
> location, if it obtains unbundled network elements (UNEs), special 
> access lines, or other leased facilities that terminate at the end 
> user location and provisions/equips them as broadband, or if it 
> provisions/equips a broadband wireless channel to the end user 
> location over licensed or unlicensed spectrum. Such entities include 
> incumbent and competitive local exchange carriers (LECs), cable system 
> operators, fixed wireless service providers (including "wireless 
> ISPs"), terrestrial and satellite mobile wireless service providers, 
> MMDS providers, electric utilities, municipalities, and other 
> entities. (Such entities do not include equipment suppliers unless the 
> equipment supplier uses the equipment to provision a broadband 
> connection that it offers to the public for sale. Such entities also 
> do not include providers of fixed wireless services (e.g., "Wi-Fi" and 
> other wireless ethernet,or wireless local area network, applications) 
> that only enable local distribution and sharing of a premises 
> broadband facility.) For such entities, the applicable portions of the
form are: 1) the Cover Page; 2) Part I; 3) Part IV (if necessary); and the
relevant portion(s) of Part V.
> 
> Kris
> __________________________________
> Kristopher E. Twomey
> Telecom/Internet Law and Regulatory Consulting 510 903-1304 
> www.lokt.net
> 
> 
> 
> ** ISPCON Spring 2006 - May 16 - 18 - Baltimore, MD  www.ispcon.com **
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> 




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** THE EVENT for ISPs, WISPS, CLECs and WebHosts **
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