[MLB-WIRELESS] Carrier Licence

[Point Cook Freenet]

Thanks Gráinne , a very comprehensive answer.
 
I would like to explore a few simpler options.
 
1.    What are the legalities of sharing an internet connection with
"friends and neighbours". I know my ISP forbids sharing. Do they all?
 
2.    If a business Joe Blogg Pty Ltd buys a wholesale internet connection
it can share it with its 100 employees, including a microlink to the other
factory down the road. Could a business Melbourne Wireless Inc buy a
wholesale rate and share it with it employees or members? 
 
2a.    Its likely i imaging the wholesale supplier may require that the
network was secure (members/employees only) and the number of total or
concurrent users could be specified, measured and controlled.
 
Regards
 
David

  _____  

From: melbwireless-bounces at wireless.org.au
[mailto:melbwireless-bounces at wireless.org.au] On Behalf Of Gráinne O'Donovan
Sent: Saturday, 23 September 2006 8:26 AM
To: melbwireless at wireless.org.au
Subject: SPAM-LOW: [MLB-WIRELESS] Carrier Licence


Thought I'd throw my 2 cents in.

I am NOT a telecoms specialist, but it seems to me that:



1.	The requirement of an approved Industry Development Plan as a
prerequisite to a carrier licence application was removed by legislative
amendment in September 2005 (Part 2 of Schedule 1 of the Telecommunications
Act 1997, which made an IDP a condition of a carrier licence, was
<http://www.austlii.edu.au/au/legis/cth/num_act/tlaacia2005n1192005763/sch1.
html> repealed). A quick check of the ACMA Carrier
<http://www.acma.gov.au/acmainterwr/aca_home/licensing/telcomm/app_form/carl
icap.pdf> Licence Application Form  supports this, as no reference is made
to an IDP in the form or checklist, although the Guide
<http://www.acma.gov.au/ACMAINTER.1900810:STANDARD::pc=PC_578>  still refers
to IDP's - but hasn't been amended since before the 2005 Amending Act. 


2.	If you really want to apply for a carrier licence, it IS
theoretically possible to do so as an incorporated association, although
none of the licensees listed on the Register
<http://www.acma.gov.au/ACMAINTER.852114:STANDARD::pc=PC_1625> is other than
a company, so it might "throw" the ACMA people. This is because a
"constitutional corporation" may apply for a licence. The term "corporation"
includes companies, incorporated associations and even some unincorporated
associations ( Corporations
<http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s57a.html> Act
s57A). A "constitutional corporation" is one that is either a foreign
corporation, a financial corporation or a trading corporation. The "trading
corporation" category is the easiest to satisfy. 

3.	However, setting up a company isn't expensive these days. The
application fee to ASIC is only about $400 or so. The annual return of a Pty
Ltd company is very simple. Basically, changes of officeholders and key data
must be communicated to ASIC during the year, and an annual statement
checked for accuracy (ASIC sends it to you) at year's end. The annual fee is
$212 or $40 for a special purpose (not-for-profit) company.c


4.	It looks as if the carrier licence application fee (of $2200) might
be refundable if the application is unsuccessful. (
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s73a.html>
s73A)


5.	Not sure if this could be a goer, but it seems to me that the
Minister might be willing to consider an application for a determination
exempting Melbourne Wireless from the requirement that it (and its network
members) hold a carrier licence. As far as I can tell, there have only been
two determinations by the Minister under s51
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s51.html>  .
One was to rectify an anomaly of double-regulation (re datacasting) and the
other reads:


"I, RICHARD KENNETH ROBERT ALSTON, Minister for Communications, the
Information Economy and the Arts, under subsection 51(1) of the
Telecommunications Act 1997 ('the Act'), determine that section 42 of the
Act does not apply in relation to the fixed radiocommunications links owned
by Santos Ltd (ACN 007 550 923) between Caldina Creek and Moomba, both in
the State of South Australia. "

(Section 42 is the one that imposes an obligation to hold a carrier
licence.)



That means there's not much of a history of section 51 applications
(successful ones, at any rate). But, one of the objects of the
Telecommunications Act is "to
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s3.html>
promote the supply of diverse and innovative carriage services and
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s3.html>
content
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s3.html>
services"
<http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s3.html> 
so you'd hope they'd be open to considering a network that is really
designed to support hobbyists/members, not the general public, especially if
that network were willing to put in place any necessary safeguards and
promised to "play nicely" in the "public park" of 2.4GHz (or the other one -
I'm showing my ignorance now).

Such an application would be made to the Minister (DCITA). I haven't spotted
an application fee anywhere (and I've looked). We could be lucky there.
Might be worth a try. 


-- 
Grace to you,
Gráinne 
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.wireless.org.au/pipermail/melbwireless/attachments/20060923/b7392fd1/attachment.html>