[MLB-WIRELESS] FW: [Syd-Wireless] Wireless illegal?

[Tony Langdon]

> You can use any gear on it, in commercial enterprise and make 
> a profit.
> BUT you can't touch the sacred 
> cow....Telstra/Floptus/AAP/PSTN/Internet etc.
> Years ago...it was illegal to use a licenced HF Radio on 
> commercial service,
> within 5km of a Public Phone Box :-))
> Lots of grey area rules, still.......

This will probably be a confusing issue for some time, as there are two Acts
that are applicible, namely the Radiocommunications Act and the
Telecommunications Act.  It is the Telecommunications Act that is giving us
the most issues to sift through, and it is through this Act that the carrier
licences come from.

In other words, it _is_ legal to grab a couple of wireless network cards and
throw some RF around (provided you stay within the class licence limits),
but it may not be legal to use them in certain ways, where the traffic
carried would contravene the Telecommunications Act (e.g. running a wireless
ISP as a profit making business without a carrier licence).

Where do we stand?  IANAL, but some of the guys were getting feedback from
the ACA that we would be OK (of course, unless in writing, that's just well
informed opinion, and could still be wrong).

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