[MLB-WIRELESS] Fw: Internet Sharing

[Jamie Lovick]

Hi,

On Sun, 16 Feb 2003 darrend at ndpgroup.com.au wrote:
>
> > ok useing this information, lets say a network said that they
> > wouldnt let you connect unless you paid a 50$ per year membership
> > fee, would that wireless network need a carrier licence?
> 
> My guess is yes... ie there is a fee charged for access to a network
> with internet, I imagine the ACA would deem this to be commercial.

This was the assumption I based my reply on, as the Internet access
needs to be paid for at some point. Of course it is up to thje
interpretation of the ACA rulings and the ACA itself.

> Thats why if there is any doubt, the ACA are the only ones who can
> give the right advice for a particular situation. Unless you can get
> a ministerial exemption!

Since in a large situation sharing the Internet for free is impossible,
using a particular village community in northern NSW, the Australian
Wireless Association is working on a case to put to the
Telecommunications Minister requesting an exemption forom sections of
the act.

However, using the definition as quoted by Darren below (I would have
used it myself in my original post, but I didn't have time),
non-commercial, no money or other compensation changing hands and no
gurantees on service internet sharing is possible from a single point,
but as far as I know, not over multiple hops (i'll look for that one
later).

Regards

Jamie

> ----- Original Message ----- 
> From: darrend at ndpgroup.com.au 
> To: melbwireless at wireless.org.au 
> Cc: rrgordon at netspace.net.au 
> Sent: Saturday, February 15, 2003 7:20 PM
> Subject: Re: [MLB-WIRELESS] Fw: Internet Sharing
> 
> 
> Actually yes it is legal on a non-commercial basis, under the act
> there is the provision for a network unit to be exempt.
> 
> Quote: 
> A terrestrial radiocommunications customer access network is an
> exempt network under (g) if the network is used, or for use, for the
> sole purpose of supplying carriage services on a non-commercial
> basis.
> 
> In october last year the ACA defined what non-commercial means
> particularly in relation to WLAN's see
> http://www.aca.gov.au/consumer/faq/wlans.htm and in particular
> http://www.aca.gov.au/consumer/fsheets/industry/fsi26.pdf
> 
> From the fact sheet: 
> 
> What is commercial? 
> The following questions may assist you to determine whether 
> your use of a WLAN fits the concept of commercial and 
> therefore requires a carrier licence. 
> Q.1 Do you receive any direct or indirect reward, monetary or 
> other, for use by others of your network equipment? 
> Q.2 Do you have a contract or any other agreement (verbal or 
> written) with parties involved in the use of the network, 
> dealing, for example, with the payment of money and 
> performance obligations? 
> Q.3 Do you use the network for the purpose of making a 
> profit? 
> Q.4 Do you have an ABN for use in connection with the 
> operation of the network? 
> If you answer no to all of the questions above, you may be 
> exempt from the requirement to hold a carrier licence. If you 
> answer yes to any of the questions, or are unsure about your 
> answer to any of the questions, you should contact the Licensing 
> and National Interests Team at the ACA to discuss your 
> situation. 
> 
> This is not a change to the Act, merely a clarification of the
> existing act
> 
> Essentially this means that if you don't charge for the internet
> access and have no agreements in place for the supply of the
> service, you are ok.
>  (standard disclaimer applies...just my opinion blah blah blah) You
> can contact the ACA to confirm yourself if you like.
> 
> The recent House of Reps Inquiry into Wireless Broadband did
> recommend to relieve all WLAN operators (including ISP's) of the
> carrier license requirement, but legislation hasn't even been tabled
> to this effect yet, and it may never.

--
Jamie Lovick    <->  IT Consultant    <-> +614 1479 1681
Hobby     : Doof.org                   -> jalovick at doof.org
Director  : Drastic Solutions Pty Ltd  -> jalovick at drasticsolutions.com.au
----- Public Relations Officer - the Australian Wireless Association -----


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