I will have to agree with Janet, dominic.
See p.13,14,15 of the ECB.
P.13 (3) Electronic communications network services, broadcasting services and elec-
tronic communications services that require an individual licence, include, but are not
limited to- 5(a) electronic communications networks of provincial and national scope
operated for commercial purposes
For council the ECB(Electronic communications bill) says you can communicate via Dslams-without a Telecoms and equipment license, but for non-profit purposes. Private individuals
in partnership with council communicating non-commercially needs neither a communications license nor an equipment license.
Private individuals communicating (non-profit)
not in partnership with council is a grey legal area. P.15 says that Icasa
may perscribe what type of network.
Not must do so, but can do so as it sees fit. Thus you can build your copper/fiber network spanning the entire length of Jhb as long as it is
not-for-profit.
Icasa sort off reserves the right to declare it illegal at any time and will probably only do so if you use this non-profit copper/fiber CCTV network to stream commercial Internet data. Lets presume Mbeki signs the ECB tomorrow. Since Icasa has'nt declared any type network illegal for non-profit use, all networks are legal in all configurations crossing any number of roads.
Lets presume Icasa declares your type of network - copper running from roof to roof
not in partnership with council, illegal - then what? Well then nothing, tell them to take a hike. Note that the police ignored Icasa after they laid a charge against the DPTV broadcasters. This country's legal system is such a joke that you can openly defy the Broadcasting Act- John Welch won't touch you. He has got better things to do with his time.
The ECB is a massive improvement over the draconian Act.96. Private individuals communicating for non-profit reasons
[not in partnership with council] can now legally string copper from roof-to-roof across roads, because Icasa has'nt specifically outlawed fiber/copper swinging from roof-to-roof. Now just use your imagination a bit.
Does this mean we can now plant our own telephone poles and string wire from it? Yes, that is exactly what it means. And before you give it the horses laugh, read carefully what p.15 says. It says
'Icasa may perscribe' , they don't have to say anything about jointly owned telephone poles crossing the road as long as it is not-for-profit. Should they so desire they could declare it illegal even though it was only used not-for-profit.
p.15 is a ridiculous attempt at micro managing private telecoms networks of individuals
not in partnership with council How does Icasa actually intend enforcing a
this network is illegal ruling with equipment that is legal? Either you must a have a blanket ban on data crossing the road like Act.96 stipulated or you should just forget about trying to block people from building their own telephone exchanges for commercial broadcasting purposes.
The moment the ECB becomes law 400 houses starts planting Telephone poles, since Icasa has'nt said that they can't. But if Icasa doesn't forbid it immediatly then they won't be able to forbid them after one year with an extra 3000 telephone poles. It's critical that you read p.15 correctly: No network setup crossing any number of roads are forbidden[for non-council related networks] until Icasa declares it illegal.
Icasa
may not perscribe the type of non-profit network used by council.
We need to forge a strong partnership with council. Council can legally import
www.zyxel.com Dslams and sell it to us at cost. The community telephone wire swinging from our roofs will just be 'donated' to council. It will legally be councils network but in essence ours since it runs over our properties. We could have broadcasting services or TV stations
over this network - as long as it is not for profit. If we share the cost of a TV satellite stream and don't make a profit on the rebroadcasting of it over the Dslam networks - then it's legal! And please, would some of you stop telling me can do this via Wi-fi. You can't wi-fi doesn't have the bandwidth. Even with Wimax it will be difficult. Or put it this way. If Icasa declares a certain private non-profit network setup illegal then just donate it to council - problem solved: Now it's legal.
Question to Telecoms lawyers:
The ECB doesn't specifically mention the word VANS, why not and what is the status of Vans license holders since they won't be able to self-provide?
