Wireless in Adelaide
Jamz D. Boman
jamzb at staff.airnet.com.au
Fri Jan 4 17:04:48 EST 2002
Guys,
Remember if you aren't a telecommunications carrier you can't:
* supply anyone with access to the Internet over a privately owned
line link, regardless of who owns each end of the link, unless it
is covered by a nominated carrier declaration, or indeed if the
private owner of the link is a carrier (see below); or
* link two seperate houses together for any use whatsoever, Internet
access or not (see Section 44 3(c)(i) below).
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000530.htm
TELECOMMUNICATIONS ACT 1997 - SECT 42
Network unit not to be used without carrier licence or nominated
carrier declaration
(1) If there is only one owner of a network unit, the owner of the
network unit must not use the unit, either alone or jointly with
one or more other persons, to supply a carriage service to the
public, unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation
to the unit.
(2) If there is only one owner of a network unit, the owner of the
network unit must not allow or permit another person to use the
unit to supply a carriage service to the public unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation
to the unit.
(3) If there are 2 or more owners of a network unit, an owner of the
network unit must not use the unit, either alone or jointly with
one or more other persons, to supply a carriage service to the
public, unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation
to the unit.
(4) If there are 2 or more owners of a network unit, an owner of the
network unit must not, either alone or together with one or more
other owners, allow or permit another person to use the unit to
supply a carriage service to the public unless:
(a) the owner holds a carrier licence; or
(b) a nominated carrier declaration is in force in relation
to the unit.
(5) A person who intentionally or recklessly contravenes subsection
(1), (2), (3) or (4) is guilty of an offence punishable on
conviction by a fine not exceeding 20,000 penalty units.
Note: See also sections 4AA and 4B of the Crimes Act 1914.
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000540.htm
TELECOMMUNICATIONS ACT 1997 - SECT 43
Continuing offences
A person who contravenes section 42 is guilty of a separate offence
in respect of each day (including a day of a conviction under this
section or any later day) during which the contravention continues.
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000550.htm
TELECOMMUNICATIONS ACT 1997 - SECT 44
Supply to the public
(1) This section sets out the circumstances in which a network unit
is taken, for the purposes of section 42, to be used to supply a
carriage service to the public.
(2) If:
(a) there is only one owner of a network unit; and
(b) no nominated carrier declaration is in force in relation
to the unit; and
(c) any of the following conditions is satisfied:
(i) the unit is used for the carriage of communications
between 2 end-users, where each end-user is outside the
immediate circle of the owner of the unit;
(ii) the unit is used to supply point-to-multipoint services
to end-users, where at least one end-user is outside the
immediate circle of the owner of the unit;
(iii) the unit is used to supply designated content services
(other than point-to-multipoint services) to one or more
end-users, where at least one end-user is outside the
immediate circle of the owner of the unit;
the unit is used to supply a carriage service to the public.
(3) If:
(a) there are 2 or more owners of a network unit; and
(b) no nominated carrier declaration is in force in relation
to the unit; and
(c) any of the following conditions is satisfied:
(i) the unit is used for the carriage of communications between
2 end-users, where each end-user is outside the overlap of
the immediate circles of the owners of the unit;
(ii) the unit is used to supply point-to-multipoint services to
end-users, where at least one end-user is outside the
overlap
of the immediate circles of the owners of the unit;
(iii) the unit is used to supply designated content services
(other
than point-to-multipoint services) to one or more end-users,
where at least one end-user is outside the overlap of the
immediate circles of the owners of the unit; the unit is
used to supply a carriage service to the public.
the unit is used to supply a carriage service to the public.
(4) If:
(a) a nominated carrier declaration is in force in relation
to a network unit; and
(b) any of the following conditions is satisfied:
(i) the unit is used for the carriage of communications between
2 end-users, where each end-user is outside the immediate
circle of the nominated carrier in relation to the unit;
(ii) the unit is used to supply point-to-multipoint services to
end-users, where at least one end-user is outside the
immediate
circle of the nominated carrier in relation to the unit;
(iii) the unit is used to supply designated content services
(other
than point-to-multipoint services) to one or more end-users,
where at least one end-user is outside the immediate circle
of the nominated carrier in relation to the unit;
the unit is used to supply a carriage service to the public.
(5) For the purposes of this section, a person is outside the
overlap of the immediate circles of the owners of a network
unit unless the person is:
(a) within the immediate circles of each of the owners of the unit;
or
(b) the owner, or one of the owners, of the unit.
(6) For the purposes of this section, a designated content
service is a content service of a kind specified in a
written determination made by the Minister.
(7) A determination under subsection (6) is a disallowable
instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
And THESE are the exemptions under the law:
Defence
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000560.htm
Intelligence (ASIS / ASIO)
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000570.htm
Transport Authorities
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000580.htm
Broadcasting Services
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000590.htm
Electricity Supply Bodies
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000590.htm
Line links authorised by or under previous laws
http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA000610.htm
> -----Original Message-----
> From: Wright, Matthew [mailto:Matthew.Wright at bridge.com]
> Sent: Friday, 4 January 2002 4:16 PM
> To: 'wireless at samba.org'
> Subject: RE: Wireless in Adelaide
> Importance: Low
>
> I think things are being a little misconstrued here. Basically it is
> illegal to be a third party carrier.
>
> However if a cooperative of people as a cooperative produced a network
for
> use of the cooperative (and not 3rd parties)
>
> Then the communications act is not being contravened. There is
nothing
> about property boundaries.
>
> (Universities have private unlicensed links between campuses. (This is
in
> addition to their long haul licensed links).
>
> I hope this helps allays peoples fears and that no one is scare
mongered
> into not playing with this technology.
>
> Matt
>
> -----Original Message-----
> From: Fox, Michael [mailto:MF180802 at Exchange.Australia.NCR.COM]
> Sent: Friday, 4 January 2002 4:40 PM
> To: Jamz D. Boman; wireless list.
> Subject: RE: Wireless in Adelaide
>
>
> I wasn't aware of that... so having a link between two friends which
is
> greater then 500m and passes through/across property boundaries other
then
> our own is illegal? thats a bummer
>
> > -----Original Message-----
> > From: Jamz D. Boman [mailto:jamzb at staff.airnet.com.au]
> > Sent: Friday, January 04, 2002 3:33 PM
> > To: wireless list.
> > Subject: RE: Wireless in Adelaide
> >
> >
> > Guys,
> > Remember if you are not a licensed telecommunications carrier,
> > you should be careful not to violate the ACA no longer than 500
metre
> > rule, and not cross any property boundaries... or not get caught.
> >
> > This is why most grass roots free user-maintained networks
> > don't get off
> > the ground, because they discover that its illegal.
> >
> > http://www.aca.gov.au/index/default.htm
> >
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