[MLB-WIRELESS] Re: Providing free *real* internet access to the community...

[Tom Fifield [gummAY]]

Just thought I'd throw this into the current discussion to perhaps clear 
a few point up.

Last August I sent an email query to the ACA with regards to sharing 
internet over a wireless connection, they took about a month to respond 
but the information is useful.

The most important thing I think I got out of this was you are not 
allowed to receive any form of tangible reward for sharing a internet 
over a wireless connection.

If you were in my area looking for an Internet connection, come on in 
and have some coffee and use it inside -- beats the car-on-verge anyday :)

Tom Fifield

---

Tom,

I understand from your email that you propose to use a network unit to 
supply Internet access via wireless to other users. The network is 
therefore being used to supply carriage services (data is a carriage 
service) to the public. The concept of supplying to the public is 
discussed in section 44 of the Telecommunications Act 1997 (the Act), 
and in that regard you are supplying ouside your"immediate circle". 
Section 41 states that the owner of a network unit that is used to 
supply carriage services to the public must hold a carrier licence.

However as long as you are not receiving any monetary payment or other 
form of tangible reward from the supply of carriage services over the 
network unit you can claim exemption on the grounds of 'non-commercial' 
use in regard to section 34 of the Act , being the use of a base station 
which is part of a terrestrial radiocommunications customer access network .

Note that the exemption on the grounds of 'non-commercial' use is only 
available in regard to the use of a designated radiocommunication 
facility which is a base station that is part of a terrestrial 
radiocommunications customer access network. This means that an 
exemption on the grounds of 'non-commercial' use cannot be claimed for 
single line links or multiple line links.

Thowever(sic), the splitting of the bill with your neighbour would not 
qualify as 'non-commercial' as you are gaining an advantage by providing 
the service to your neighbour. He will be paying for half the cost of 
supply which is an advantage to you. You would need to supply your 
neighbour for free to be classified as non-commercial.

Statutory distances are not applicable in regard to designated 
radiocommunications. The signal only needs to be between two points. 
However line links, such as cable, are restricted by statutory distances 
between distinct places.

I would also caution you that the ISP or the provider of the ADSL line 
may have some concern regarding what you propose. I am certainly not 
qualified to comment, however you may want to look at the service 
agreements with these entities.

Regards
Gary Fraser

Licensing and National Interests Team

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