No subject

Tue Jan 17 15:36:28 EST 2012

What is commercial? 
The following questions may assist you to determine whether 
your use of a WLAN fits the concept of commercial and 
therefore requires a carrier licence. 
Q.1 Do you receive any direct or indirect reward, monetary or 
other, for use by others of your network equipment? 
Q.2 Do you have a contract or any other agreement (verbal or 
written) with parties involved in the use of the network, 
dealing, for example, with the payment of money and 
performance obligations? 
Q.3 Do you use the network for the purpose of making a 
profit? 
Q.4 Do you have an ABN for use in connection with the 
operation of the network? 
If you answer no to all of the questions above, you may be 
exempt from the requirement to hold a carrier licence. If you 
answer yes to any of the questions, or are unsure about your 
answer to any of the questions, you should contact the Licensing 
and National Interests Team at the ACA to discuss your 
situation. 

This is not a change to the Act, merely a clarification of the existing 
act 

Essentially this means that if you don't charge for the internet access 
and have no agreements in place for the supply of the service, you are ok. 
 (standard disclaimer applies...just my opinion blah blah blah) You can 
contact the ACA to confirm yourself if you like. 

The recent House of Reps Inquiry into Wireless Broadband did recommend to 
relieve all WLAN operators (including ISP's) of the carrier license 
requirement, but legislation hasn't even been tabled to this effect yet, 
and it may never. 

Darren Dreis
Vice President 
Melbourne Wireless Inc.
vicepresident at wireless.org.au 
http://www.wireless.org.au 

Jamie Lovick <jalovick at doof.org> 
Sent by: owner-melbwireless at wireless.org.au 
15/02/2003 05:34 PM 

        To:        rik <mibz at optushome.com.au> 
        cc:        melbwireless at wireless.org.au, Rick 
<rrgordon at netspace.net.au> 
        Subject:        Re: [MLB-WIRELESS] Fw: Internet Sharing

As mentioned in my original Email, this has not been finalised. It may
not even happen.

Regards

Jamie

On Sat, 15 Feb 2003, rik wrote:

> didnt they say communitee/non profit groups could do it without a 
licence?
> 
> i belive i heard this being said
> 
> 
> ----- Original Message -----
> From: "Jamie Lovick" <jalovick at doof.org>
> To: <melbwireless at wireless.org.au>
> Cc: "Rick" <rrgordon at netspace.net.au>
> Sent: Saturday, February 15, 2003 4:43 PM
> Subject: Re: [MLB-WIRELESS] Fw: Internet Sharing
> 
> 
> >
> > Hi,
> >
> > On Fri, 14 Feb 2003, rik wrote:
> > >
> > > wired or wireless isnt the issue
> >
> > Incorrect.
> >
> > Wired links are allowed to be used across boundries for no more than 
500
> > Meters according to the telecommunications act. Wireless was not 
usable
> > at all over any distance without a carriers licence until a recent
> > ministerial determination allowing wireless to be usable commercially
> > within the same property (such as a Hot Spot).
> >
> > If you have a look at the Telecommunications act revisions, or the 
DCITA
> > website, the details are there.
> >
> > > its the AUP, if your isp allows you to share your net access then
> > > BAM you can, wire or wireless aslong as it is YOUR network and all
> > > the computers belong to you then you can (if the aup says yes)
> >
> > A service providers AUP will determine if you can share a connection,
> > but the Telecommunications Act can determine by what method.
> >
> > Regards
> >
> > Jamie
> >
> > --
> > Jamie Lovick    <->  IT Consultant    <-> +614 1479 1681
> > Hobby     : Doof.org                   -> jalovick at doof.org
> > Director  : Drastic Solutions Pty Ltd  -> 
jalovick at drasticsolutions.com.au
> > ----- Public Relations Officer - the Australian Wireless Association 
-----
> >
> >
> > To unsubscribe: send mail to majordomo at wireless.org.au
> > with "unsubscribe melbwireless" in the body of the message
> >
> 

--
Jamie Lovick    <->  IT Consultant    <-> +614 1479 1681
Hobby     : Doof.org                   -> jalovick at doof.org
Director  : Drastic Solutions Pty Ltd  -> jalovick at drasticsolutions.com.au
----- Public Relations Officer - the Australian Wireless Association -----

To unsubscribe: send mail to majordomo at wireless.org.au
with "unsubscribe melbwireless" in the body of the message

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&gt;ok useing this information, lets say a network said that they wouldnt let you connect unless you paid a 50$ per year &gt;membership fee, would that wireless network need a carrier licence?
 
 My guess is yes... ie there is a fee charged for access to a network with internet, I imagine the ACA would deem this to be commercial.
 Thats why if there is any doubt, the ACA are the only ones who can give the right advice for a particular situation. Unless you can get a ministerial exemption!
 
 Darren Dreis 
Vice President 
Melbourne Wireless Inc. 
vicepresident at wireless.org.au 
http://www.wireless.org.au 

 
 
 
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<td>&quot;rik&quot; &lt;mibz at optushome.com.au&gt;
 Sent by: owner-melbwireless at wireless.org.au
16/02/2003 12:01 AM
 
<td>&nbsp; &nbsp; &nbsp; &nbsp; 
 &nbsp; &nbsp; &nbsp; &nbsp; To: &nbsp; &nbsp; &nbsp; &nbsp;&lt;melbwireless at wireless.org.au&gt;
 &nbsp; &nbsp; &nbsp; &nbsp; cc: &nbsp; &nbsp; &nbsp; &nbsp;
 &nbsp; &nbsp; &nbsp; &nbsp; Subject: &nbsp; &nbsp; &nbsp; &nbsp;Re: [MLB-WIRELESS] Fw: Internet Sharing</table>
 
 ok useing this information, lets say a network said that they wouldnt let you connect unless you paid a 50$ per year membership fee, would that wireless network need a carrier licence?
 &nbsp;
 &nbsp;
 rik
 ----- Original Message ----- 
 From: <a href=mailto:darrend at ndpgroup.com.au>darrend at ndpgroup.com.au</a> 
 To: <a href=mailto:melbwireless at wireless.org.au>melbwireless at wireless.org.au</a> 
 Cc: <a href=mailto:rrgordon at netspace.net.au>rrgordon at netspace.net.au</a> 
 Sent: Saturday, February 15, 2003 7:20 PM
 Subject: Re: [MLB-WIRELESS] Fw: Internet Sharing
 
 
Actually yes it is legal on a non-commercial basis, under the act there is the provision for a network unit to be exempt. 
 
Quote: 
A terrestrial radiocommunications customer access network is 
an exempt network under (g) if the network is used, or for use, 
for the sole purpose of supplying carriage services on a non-commercial 
basis. 
 
In october last year the ACA defined what non-commercial means particularly in relation to WLAN's 
see &nbsp; <a href=http://www.aca.gov.au/consumer/faq/wlans.htm>http://www.aca.gov.au/consumer/faq/wlans.htm</a> 
and in particular &nbsp; http://www.aca.gov.au/consumer/fsheets/industry/fsi26.pdf