[HamWAN PSDR] Fwd: Recovering lost 5 GHz Band

[Bill Vodall]

Hello HamWAN,

A note from the AREDN Mesh folk dealing with 5 GHz legal issues...

73,
Bill, w7nwp


---------- Forwarded message ---------
From: Andre Hansen <andre.k6ah at gmail.com>
Date: Wed, May 12, 2021 at 3:42 PM
Subject: Recovering lost 5 GHz Band
To: Bill Vodall <wa7nwp at gmail.com>

... to get a message to them and I'm hoping you can help convey the
message.  References to AREDN can obviously be replaced with HamWAN or
whatever.  I'll connect them with our attorney who is working pro bono
for us on this.

Thanks,

Andre, K6AH

URGENT -  Recovering lost 5GHz in court
Our attorney thinks we have a chance of taking the FCC to court over
their taking of the upper parts of our 5 GHz band.  For us to do that,
we need to prove “standing”.  According to Wikipedia, “…Standing is
the ability of a party to demonstrate to the court sufficient
connection to and harm from the law or action challenged to support
that party's participation in the case.”  If we can establish
standing, then he feels we have a good shot at retaining some of the
bandwidth we have recently lost.

If you have 5 GHz nodes on an AREDN network, please review the
following checklist which will help determine your standing in this
case.  Then, send me an email at k6ah at are----sh.org .  You do not
actually need to complete the checklist, just be ready to answer the
questions.  Time is of the essence here, so your help is needed right
away.

Checklist for declaration of AREDN operator in support of standing

What is your name, address, FCC license call sign (and class), and
connection to AREDN?

What frequency does your ham radio transmit over? Please specify each
individual frequency and channel number, must be within Lower 45 or
Upper 30.Lower 45 – 5.850-5.895 GHz,

Upper 30 – 5.895-5.925 GHz

Is this the common frequency your mesh network uses?

Your transmitter: what is the location (latitude/longitude or street
address), type of transmitter, type(s) of transmission?

Are you at a commercial site (antenna farm, etc.)? Why are you at this
site? (e.g., to get line of sight). Have you had any issues at a site
with a Part 15 operator or other operator objecting to your amateur
transmission, or wanting to impose conditions? Please describe.

What network are you tied into? (AREDN mesh – describe transmitter
configuration and network tied into).

What is the length of your radio link? (1 mile, 10 miles, 20 miles,
etc.).  For multipoint nodes, estimate the longest links.

What public safety or other agencies are supported by your operation?
Please describe a recent event where you supported an agency (e.g.,
forest fire, tornado, or a preparedness drill – need date and place)
and how so (e.g., relayed video of the fire to fire fighting agency):

How will your ham radio operation be adversely affected by the FCC’s new rules?

Lower 45 – e.g., interference from unlicensed operation, difficulty
getting or keeping site because of Part 15 operators;
Upper 30 – e.g., interference from C-V2X sidelink transmitted from a
cell site,  being ordered to cease and desist from transmitting
because would interfere with C-V2X.

If you transmit in the Upper 30, what is the distance from your site
to the nearest cell tower?

What will happen to your radio operation if new FCC rules become
effective? Possible examples include: have to move to new site, move
to new frequency, increase the power of your transmitter, modify
equipment, modify transmission, provide less service, spend more
money, cease service. Please explain why. This is the actual harm to
individual ham operators that we need to demonstrate in order for
AREDN to have standing.

What was your previous (or current) experience with operation in other
bands (900 MHz, 2.4 GHz, 3.4 GHz) with Part 15 operations or
operators: Noise floor, interference problems (describe); Problems
getting, or staying at a site (identify the specific site, describe
the problem).

Please describe any problems with cellular telephone operators.