[MLB-WIRELESS] Commercial use of MW network

[Tim Hogard]

> 
> 
> It does pay to RTFM, Dan. :)
> 
RTFM never applies to govt regs.  It would be RTGDSFGD*FR for Read
The [censored] Fine Regulations.


> http://melbourne.wireless.org.au/wiki/?LicensesFAQ
> 
> There is a questionnaire on the above Wiki page that helps to determine
> whether your network service is exempt from having to have a Carrier
> Licence. I found the questionnaire page slightly misleading though.
> Question 3 asks "Is/are the network units used for the sole purpose of
> supplying carriage services on a non-commercial basis?" 

I think your argument is correct but for the wrong reasons.  Notice
the words "network units".  Thats the key and they are defined other
places in the regs (section 1 I think).  Remember the ACA's checklist
have no meaning in the eyes of the law and only the Tecom act
matters.  The checklist will be used inside the ACA to see if they
should be knocking at your door.  

A network unit can be a wire (over 600 meters) or a access point or
a cell tower or a subscriber unit or a cable modem.  However none of
those terms are used in the regulations.

All of the radio equipment used by Melbourne Wireless is a network
unit however the exemption for the not for profit group.  There may
be a catch-22 situation where the devices aren't "network units" until
they are used for "carriage services" that is not exempt.

There are a few sections that each define a different type of
"network unit" and some of them are readable but the one that applies
to customer owned mobile phones and exempts them is the worst written
thing I have ever seen.

Right now "carriage service" is any data, but I think a WIPS could
argue in court that such a definition is to vague and what the act
intended was "carrier grade carriage services" but that would be
an interesting legal battle.

So If I sell someone data and that comes over a network unit, either
I must have a carrier license or the network unit's owner must have
a carrier license. -- unless that group is exempt and the current
exemption that allows Melb wireless to work won't allow comercial
use.  The current exemption isn't written in law, its a letter by
the former minister can can go away at any time.  Then a carrier
license would be required.  The 1st year that would only be about
$66 per member but rumors of the other costs would but it closer
to $200 per member per year.

I also found out that its illegal for a non-citizen to own
telecomunications infrastructure without asking for the gov't
blessing. See http://www.firb.gov.au/ for more info.

-tim
http://web.abnormal.com

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