[MLB-WIRELESS] legality of Internet on community wireless

[Roger Venning]

I agree Hamish, people shouldn't be participating because of a mistaken 
perception that someone 'out there' is going to gift them free broadband 
Internet. However after reading the Telecommunications Act 1997 for the 
past hour now 
(http://scaleplus.law.gov.au/html/pasteact/2/3021/top.htm), I'm not so 
sure that it is illegal. It comes down to the fact (section 42) that it 
is illegal to use a 'network unit' to supply a carriage service to the 
public unless one is a carrier.

However, the definition of network unit (a 'designated 
radiotelecommunications facility', oa 'line link', etc. - sections 26-29 
+ 30-35) specifically excludes in section  34(1)(h) "an exempt network 
if...the network is used, or for use, for the sole purpose of supplying 
carriage services on a non-commercial basis;" (34(3)(b)). So in fact, 
the equipment may not constitute a 'network unit', so supplying carriage 
service to the public (of course, on a non-commercial basis) may be 
possible - ie. Internet packets might be permitted to traverse the network.

However exactly what 'non-commercial basis' constitutes is unclear; also 
the definition regards 'double-ended interconnection' (35(1)(b)) that 
suggests supporting transit over a radio-communications link between 
network units is what constitutes a fixed radiocommunication link 
(making the link itself a network unit). If only one connection to a 
'carrier-polluted' network unit is made from the cloud, then everything 
is OK...

Beware though; I am not a lawyer nor a legistlator.

Roger.

Hamish Moffatt wrote:

>On Wed, Jan 09, 2002 at 02:47:51PM +1100, Simon Hall wrote:
>
>>I think the real issue here is that people want to be able to connect to the
>>internet.  Not just a community network.  It does appear, for this to move
>>
>
>So do these people actually want a wireless connection, or just
>a cheap broadband Internet connection by any means possible?
>
>The latter isn't really possible -- somebody has to pay.
>
>Besides, providing Internet over the wireless network isn't legal.
>
>Hamish
>


-- 
-------------------------------------------------------------
Roger Venning	\ Do not go gentle into that good night
Melbourne        \ Rage, rage against the dying of the light.
Australia <r.venning at bipond.com>                 Dylan Thomas




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