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http://internet.aca.gov.au/ACAINTER.65636:STANDARD:317109896:pc=PC_1766

"It is important that the tests are considered in conjunction with each 
other rather than in isolation."

and...

"In general, if the cost of operating the network to supply carriage 
services is consistently less than the financial return from that supply, it 
is likely that the network is used to make a profit and is operating on a 
commercial basis."

Conversely; could it not, in general, be assumed that an organisation whose 
financial details are public and whose stated aim is to facilitate 
community-level network services on a non-profit basis does not need a 
carrier licence to offer Internet access?

I know we've been over this before, many many times.  I'm asking the 
question again because I feel the need to question the "Accepted Wisdom" on 
this issue because there seems to be an opportunity to which we are blinding 
ourselves to.  Internet Access on the network could massively increase the 
rate of growth and popularity of the network and prevent it from stagnating 
and dying, which at the moment I worry it is doing.  Being an ISP certainly 
isn't what Melbourne Wireless should be about, but allowing Internet Access 
could open many doors currently closed to the network.  Just see how big and 
important community-based, Internet sharing networks such as Seattle 
Wireless have become in their communities.

Internet Access doesn't mean we are "selling out" any more than a Community 
Radio station playing popular music "sells out".  Community radio stations 
ask that listeners pay an optional subscription fee if they like what they 
hear.  As well as paying for the music royalties, these subscription fees 
also pay for the construction and upkeep of the station's infrastructure.  
At the moment I feel that Melbourne Wireless is like a radio station with no 
music - intellectual to some, but boring to the majority.

One of the tests on the fact sheet is Contractural Arrangements - that is, 
if we demand money in return for Internet access, then we are a commercial 
network.  But what if we offer capped, low-bandwidth Internet access freely, 
and only ask for a donation if the user is happy with the service?  I don't 
believe that this constitutes a "Contractural Arrangement" - we would not 
"prescribe" the payment of money, we would only ask for donations.   If we 
think creatively, there are many arrangements and agreements that would keep 
us within the ACA's definition of a non-commercial network, but would allow 
us to make the network a more popular and usable community asset.

There are presently over 800 nodes registered on the Melbourne Wireless 
website.  If one quarter of those nodes donated $50 a year Melbourne 
Wireless Inc. would have an annual income of $10000.  Money like that allows 
us to put up some decent backbone equipment, which would in turn allow us to 
seriously spread the reach of the network.  Of course the "donation" could 
be in the form of the membership fee - with the understanding that the 
provision or quality of Internet access is not linked to membership status.

I am more than willing to accept more informed legal advice than my own 
research on this matter - but the FAQ and Fact Sheet seem pretty 
straightforward to me.  I honestly can't see how it can be interpreted that 
the spirit of the Telecommunucations legislation is to prevent the 
non-commercial, community-level offering of Internet access without a 
licence, unless there is something in the Act itself that isn't covered by 
the FAQ or Fact Sheet.  Which would mean that the FAQ and Fact Sheet aren't 
worth the electrons they're transmitted on.

If it ever comes to a decision as to whether or not Melbourne Wireless Inc. 
actually offers Internet access I'm quite happy to accept the democratic 
decision of the majority either way (of course).  I just worry that the 
vocal majorty's present attude towards this issue is to put it into the "too 
hard" basket, and to berate any person who dares bring it up.

Cheers,

Dan



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