ICASA Took Down a Link

[garthvs]

So you are essentially saying that everyone putting up private links need to apply for a license exemption ? There are so many of these in our town, guys linking houses to offices etc, all for private use.

Linking your home to your offices and using the office Internet (a paid service) from home is illegal and you would need a license for this.

 

[deweyzeph]

Linking your home to your offices and using the office Internet (a paid service) from home is illegal and you would need a license for this.

It would be impossible to prove though.

 

[tnt11]

It would be difficult to prove though.

fixed

 

[TheMightyQuinn]

Linking your home to your offices and using the office Internet (a paid service) from home is illegal and you would need a license for this.

Why is this illegal? You are merely extending your network? If I lay an ethernet cable from my office to my house and used the internet at my house, would that also be illegal?

 

[garthvs]

Why is this illegal? You are merely extending your network? If I lay an ethernet cable from my office to my house and used the internet at my house, would that also be illegal?

Yes, that would also be illegal. You are not allowed to install cables over public roads either.

The only time it is not illegal is if your office and home are adjacent to each other and not crossing a public road.

 

[MickeyD]

Yes, that would also be illegal. You are not allowed to install cables over public roads either.

The only time it is not illegal is if your office and home are adjacent to each other and not crossing a public road.

Agreed

 

[IainSmith]

ICASA would only do this if it were responding to a legitimate complaint.
If the radios were set outside of the legal ISM bands (5470 to 5875 MHz), it may have been picked up as a result of the SANDF complaint, or some other complaint.
Basically, you need to remain within these frequencies, and if you cross a public boundary, you need to be in possession of an ECNS license, or an exemption certificate.
Failure to comply can result in prosecution and a hefty fine and/or jail time, as well as the equipment confiscated.
So, if it was just removed, count yourself lucky.

 

[eddief1]

Yes, that would also be illegal. You are not allowed to install cables over public roads either.

The only time it is not illegal is if your office and home are adjacent to each other and not crossing a public road.

This is interesting...what is the situation when say there is a vacant plot between two properties, you own property 1, property 2 is owned by someone else and you own property 3, you not crossing a public road with your link so is this legal ?

 

[dominic]

^^ think of "public boundary" rather than public road. And to note that this is not the same situation as we had years ago because all that is required to legitimise a private link such as this is a private electronic communications network licence exemption which costs nothing except the pain of dealing with ICASA

application form & more info

note that the same situation theoretically applies to WLANs which are accessible across public boundaries but ICASA has published a notice that no exemption is required for these (after it was pointed out how many there were)

 

[Hummercellc]

Are ICASA not required by law to have a cease and desist order/warrant to switch off/remove equipment?

Else one could sue for trespassing/theft.....

 

[TheMightyQuinn]

OK so can someone, that KNOWS, provide a definitive answer? There is a lot of rules/laws that seem to be "ignored" unless you block the KFC order via radio from your neighbor hood copshop.

 

[eddief1]

OK so can someone, that KNOWS, provide a definitive answer? There is a lot of rules/laws that seem to be "ignored" unless you block the KFC order via radio from your neighbor hood copshop.

I think the only issue that needs an answer here is whether or not ICASA requires a cease and desist order/warrant in order to access the property and shut down the links, is that what you referring to ? Everything else dominic has made pretty clear.

 

[garthvs]

If the equipment is not labelled it is illegal, so I believe ICASA is within their rights to disconnect the radio and wait until the owner arrives to investigate.

If you equipment is labelled they will contact you to verify your license details before attempting to confiscate any equipment.