Politics

How To Be Prepared When the FCC Knocks on Your Door— continued

Julius Knapp, FCC deputy chief of the office of engineering and technology, said the agency's policy isn't to punish, but to correct the system before it becomes a problem.

"Generally, we try to correct the problem before we take any further steps," he said. "Of course, there are provisions for people who (continue to) violate Part-15 rules, with up to $11,000 in fines for first-time violations all the way up to $80,000 for repeated violations."

One thing is certain—the onus is on WISP owners to make certain their Wi-Fi systems and equipment are up to par.

Coming soon to a tower near you
The FCC is stepping up enforcement of Part-15, which has been a relatively rare occurrence to date . Some WISP owners believe FCC inspections are the stuff of urban legends.

But inspections happen. Just ask Joseph D'Andrea, owner of West21 Systems, a WISP who received a call from a FCC inspector two weeks ago.

While scrutinizing an FM radio station on the same floor as West21's network operations center (NOC), the FCC inspector noticed the name of the WISP and decided to run a spot check. Since Part-15 rules allow for these types of on-the-spot inspections, there was no way D'Andrea could decline the review.

"He was quite thorough, writing down all the part numbers and FCC identification numbers on all the equipment," D'Andrea said. "And then we went outside and checked the antennas—measured cable lengths, took down serial numbers, that sort of thing. Everything was fine at first, but we found there was a discrepancy with one of the antennas."

The antenna in question was part of a Wi-Fi system D'Andrea bought from manufacturer Young Design, Inc. While everything else on the system checked out, the HP90-13 antenna was found to be the only piece of equipment in his network that wasn't certified.

A week later D'Andrea got a letter from the FCC saying he was in violation of Part-15 rules and had 10 days to ensure either that the system was certified or that he was taking appropriate steps to ensure the system was legitimate.

A matter of trust
What ensued was a fairly messy blame game. D'Andrea felt betrayed because he was sold a piece of uncertified equipment in a YDI-recommended wireless system. The system, bought last June when D'Andrea attended a one-day training seminar produced by YDI, included the uncertified antenna. YDI representatives assured D'Andrea the antenna would be certified by thte FCC soon. Never checking up it again, assuming YDI was as good on its word, D'Andrea discovered differently a year later during the FCC inspection.

"I feel incredibly betrayed," D'Andrea said. "We trust the manufacturers to do the right thing, particularly manufacturers like YDI, who hold themselves out as one of the few manufacturers that play by the FCC rules. If I bought four-watt amps off of some buy on eBay and put together as a homebrew system, that would be one thing. But I spent a lot of money to attend the YDI training and buy the equipment they recommended."

For its part, YDI admits an error was made. Robert Fitzgerald, YDI chief executive officer, acknowledged the mistake, but hastened to assure us that the issue with the antenna was an isolated incident for the successful Wi-Fi equipment maker.

"We might have pushed out the antenna sooner than we should have. It was one of several pieces of equipment that went out at the time and the HP90-13 was a low-volume item and the certification process fell through the cracks," Fitzgerald said. "Once we found out about the error, we immediately got the antenna certified. Joe [D'Andrea] held up to the FCC inspection a lot better than most WISPs would have if they were inspected."

The antenna in question is now FCC-certified. It appears to be an isolated incident for YDI, a company many WISP operators say is a quality operation and one of the few companies thar can be trusted when it comes to selling FCC certified systems.

In the end, ultimate responsibility for ensuring FCC compliance comes down to the WISP owner—not the company that installed the Wi-Fi System or the company that manufactured the equipment—though they are responsible and culpable, too. These companies will most likely get a letter from the FCC notifying them the violation, but the only person that has laid their business on the line is you—the WISP owner and operator.

When the FCC knocks on your door, you want to be prepared. Maintain a log of every piece of equipment in your wireless network as well as detailed charts of the system design. Document FCC certification numbers and the name of the manufacturer with the part numbers. Put it in a binder, throw it on a shelf and update the log as necessary. This way, you'll be ready when the FCC stops by for a look-see at your Wi-Fi system.

—End

< Back to page 1: When the FCC Knocks on Your Door