[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight. (fwd)

[sanbar]

---------- Forwarded message ----------
Date: Wed, 27 Feb 2002 16:13:42 +1000
From: Reid <reid.hall at au00.com>
To: "Dale Clapperton (lists)" <lists at blackbird.net.au>
Cc: aussie-isp at aussie.net
Subject: Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight.

>
> 44  Supply to the public
>  (1) This section sets out the circumstances in which a network unit is
> taken, for the purposes of section 42, to be used to supply a carriage
> service to the public.
>  (2) If:
>  (a) there is only one owner of a network unit; and
>  (b) no nominated carrier declaration is in force in relation to the unit;
> and
>  (c) any of the following conditions is satisfied:
>  (i) the unit is used for the carriage of communications between 2
> end-users, where each end-user is outside the immediate circle of the owner
> of the unit;

There is only one end user.  This specifically protects usage of bandwidth!

>  (ii) the unit is used to supply point-to-multipoint services to end-users,
> where at least one end-user is outside the immediate circle of the owner of
> the unit;

It's not.  It's used to supply *multipoint* to *point*.  Otherwise the whole 
net would need just one ip.

This is aimed at broadcast technology, not applicable in ISP situations, 
applicable for Rupert Murdock setting up an 802.11b tv station.  This is what 
the legislation is aimed at stopping.

>  (iii) the unit is used to supply designated content services (other than
> point-to-multipoint services) to one or more end-users, where at least one
> end-user is outside the immediate circle of the owner of the unit;

Designated content services?  Have you read an ISP end user agreement lately? 
We specifically deny the ability to provide anything like a designated 
service.  There can be no guaruntee of anything like a designated service.

> the unit is used to supply a carriage service to the public.

All conditions met so far.

> <general_comment>Its just not legal.  Deal with it, get on with your lives
> and your businesses.  Dont break the law to get an unfair advantage over
> your competition beacuse they chose not to break the law.  Alternatively,
> if you do decide to start playing with microwave illegally, expect to get
> narked on.
>
> Dale

Care to debate some more?  I mean, let's wring this out to it's conclusion.  
It needs to done.

regards

Reid.
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