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

sanbar sandbar at ozemail.com.au
Thu Feb 28 10:21:13 EST 2002


---------- Forwarded message ----------
Date: Wed, 27 Feb 2002 11:53:28 +1100 (EST)
From: Ross Wheeler <ross at home.albury.net.au>
To: Jamie Lovick <jalovick at doof.org>
Cc: aussie-isp at aussie.net
Subject: Re: [Oz-ISP] Wireless.....  ABC 7:30 report tonight.


On Wed, 27 Feb 2002, Jamie Lovick wrote:

> > This, in my understanding of the legislation, is COMPLETELY ILLEGAL.
> > (Note: being for non-commercial purposes doesn't magically let you out
> > of the restrictions imposed by the law)
>
> As quoted from someone I know that has been looking into the rules:
>
> Actually a few things that are legal regardless, if it's under 500m or 5km
> using relay, and if all network units belong to the same person, or
> company then it's perfectly legal regardless of content or source, as long
> as it's not used to join 2 separate providers together in a commercial
> manner.

The 500m rule DOES NOT APPLY TO RADIO. Re-check the rules. It is
specifically and explicitly exempted from that part of the legislation.


> Well, depending of the eventual definition and ruling from the government,
> APANA is non-profit or non-commercial (all funds go to providing member
> services, it does not become profit), and ISP's are for profit.

Depends on the ISP. Lots seem to be "negative-profit" :)


> > And if small ISPs (smaller than APANA) are allowed, how about other
> > medium-sized ISPs in the same area who would be otherwise
> > disadvantaged by unfair competition?
>
> Because ISP's are commercial entities, they would require a licence.

Do you mean that if I were to "restructure my ISP so that at the end of
the year, by the time I take out equipment costs, rent, wages etc etc,
there was no "profit", I could deploy radio without a license" ??


> The ACA does state that a carrier licence is not required for providing
> carrier services on a non-commercial basis.

I *THINK* there were a pile of conditions attached, and that quoting that
out of context is perhaps conveying a different impression to that which
the act/legislation intended.


> There are people out there that are taking the time to research, and
> establish the realities of the law when it comes to wireless networks.

Yes, there are, arn't there.

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