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

[Marian Szczepkowski]

All

I spoke to the legal dep't at the ACA about 9 months ago and got this,

If the your friends fit in the following then no license is required,

TELECOMMUNICATIONS ACT 1997
- SECT 23
Immediate circle

(1)For the purposes of this Act, a person's immediate circle consists of 
the person, together with the following persons: 

         (a)if the person is an individual-an employee of the individual; 
         (b)if the person is a partnership-an employee of the 
partnership; 
         (c)if the person is a body corporate: 

              (i)an officer of the body corporate; 
              (ii)if another body corporate is related to the 
first-mentioned body corporate (within the meaning of the Corporations 
Act
                  2001)-that other body corporate and an officer of that 
other body corporate; 


The bit here that is good is the partnership. While you are all members 
of a partnership no license is required. There is no maximum size for a 
partnership, minimum size I would expect to be 2. 

This is the question I asked there legal team and the answer was that if 
I created a partnership then no license was required and no special 
joining, or leaving is required.

So form a partnership that buy's internet access in bulk, tough life!!

SO,

> Q) "Can we form an organisation in order to provide members of that
> organisation Wireless LAN access to the Internet so that we don't need a
> carrier licence ?"

A) Yes as long as it fits the rules above.

> .. feel free to ask them again - they don't charge for answers :)

You need to ask the right question.


>>>>>>>>>>>>>>>>>> Original Message <<<<<<<<<<<<<<<<<<

On 2/28/02, 10:23:50 AM, sanbar <sandbar at ozemail.com.au> wrote regarding 
[MLB-WIRELESS] Re: [Oz-ISP] Wireless..... ABC 7:30 report tonight. (fwd):


> ---------- Forwarded message ----------
> Date: Wed, 27 Feb 2002 14:04:20 +1100 (EST)
> From: Saliya Wimalaratne <saliya at hinet.net.au>
> To: John Simmons <jss at adam.genesis.net.au>
> Cc: jss at genesis.net.au, aussie-isp at aussie.net
> Subject: Re: [Oz-ISP] Wireless.....  ABC 7:30 report tonight.

> On Wed, 27 Feb 2002, John Simmons wrote:

> > is it not possible for all my potential connectees to become part
> > of an organisation that is purpose built to satisfy the "Immediate
> > Cirlce" ruling and thus provide them with both Internet connectivity,
> > and possibly, other community type services? Where is the legal
> > dividing line?  How does the law define which is OK and which is not,
> > and on what basis?  This is what I still do not understand.

> Hi John,

> Well, as I said, all we did was ask the ACA. They're supposed to be the
> ones know what this stuff means, and what options are available.

> Essentially, what I believe you're talking about is 'the letter of the
> law' vs. 'the spirit of the law' and I don't *really* think I'm qualified
> to give an opinion on that side of things. I *do* know that the ACA can
> give written exemptions for things like this (and if you had a community
> project that you wanted to do, I bet they could help).

> > Of course.  But they need to be answering precisely the right question
> > in order for the answer to fully apply.

> Q) "Can we form an organisation in order to provide members of that
> organisation Wireless LAN access to the Internet so that we don't need a
> carrier licence ?"

> A) "No"

> .. feel free to ask them again - they don't charge for answers :)

> I'm not trying to be a nay-sayer; I'm trying to provide information on
> what seems to be a confusing topic for many people. As always, the
> definitive source is the ACA or a court of law (and frankly, getting a
> carrier licence is probably cheaper than taking the case to court :P)

> Regards,

> Saliya


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