[MLB-WIRELESS] noncommercial WISP

[gummay.net]

Odd - they seem be approaching the grey area in a different way since 
the time I last contacted them (in 2004).

Here's the email I received back then:

======
Tom,

I understand from your email that you propose to use a network unit to 
supply Internet access via wireless to other users. The network is 
therefore being used to supply carriage services (data is a carriage 
service)to the public. The concept of supplying to the public is 
discussed in section 44 of the Telecommunications Act 1997 (the Act), 
and in that regard you are supplying ouside your"immediate circle". 
Section 41 states that the owner of a network unit that is used to 
supply carriage services to the public must hold a carrier licence.

However as long as you are not receiving any monetary payment or other 
form of tangible reward from the supply of carriage services over the 
network unit you can claim exemption on the grounds of 'non-commercial' 
use in regard to section 34 of the Act , being the use of a base station 
which is part of a terrestrial radiocommunications customer access network .

Note that the exemption on the grounds of 'non-commercial' use is only 
available in regard to the use of a designated radiocommunication 
facility which is a base station that is part of a terrestrial 
radiocommunications customer access network. This means that an 
exemption on the grounds of 'non-commercial' use cannot be claimed for 
single line links or multiple line links.

Thowever, the splitting of the bill with your neighbour would not 
qualify as 'non-commercial' as you are gaining an advantage by providing 
the service to your neighbour. He will be paying for half the cost of 
supply which is an advantage to you. You would need to supply your 
neighbour for free to be classified as non-commercial.

Statutory distances are not applicable in regard to designated 
radiocommunications. The signal only needs to be between two points. 
However line links, such as cable, are restricted by statutory distances 
between distinct places.

I would also caution you that the ISP or the provider of the ADSL line 
may have some concern regarding what you propose. I am certainly not 
qualified to comment, however you may want to look at the service 
agreements with these entities.

Regards
Gary Fraser

Licensing and National Interests Team
=====
Quite opposite to the current line of thinking according to Rowan...

Here's what the law says:

http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s41.html - 
you either fall under an exemption or you need a carrier licence
http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s34.html - 
you are exempt if you provide non-commercial services
http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s44.html - 
sharing data services to the public

The contested point exists in what constitutes "non-commercial". I'd be 
very interested in reading the original communications, and further ones 
to see how it holds up.

For now, we can hope that sometime during the ACA -> ACMA changover 
someone changed their views.

--Tom

Rowan 2006 wrote:
> Hi all,
> 
> I've recently emailed ACMA to try to get a clear answer on what
> constitutes providing "noncommercial" internet services. I am currently
> offering WISP services for free but I was interested to find out whether
> *partial* cost recovery would void the noncommercial status. I received
> back a "cost recovery would not be considered noncommercial" reply from
> them but so far it's just raised more questions. I've emailed back again
> with further details for more clarification.
> 
> In the scenario I'm proposing, partial cost recovery would mean accepting
> donations to help fund new equipment purchases. Ongoing running costs
> would be borne by myself. The amount paid to suppliers would be
> consistently higher than any donations accepted.
> 
> Has anyone else approached this subject before?
> 
> BTW here's my free WISP setup, virtually useless at the moment with only
> standard AP antennas :)
> 
> http://www.melbournewireless.org.au/wiki/?NodeISI
> 
> Cheers.
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> Melbwireless at wireless.org.au
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