[AusNOG] From the AGD - Data Retention - Starts October 15 2015

[Paul Brooks]

On 16/06/2015 3:30 PM, Mike Everest wrote:
>
> Hi Paul, all,
>
>  
>
> Per my understanding (having read the relevant sections of the Retention Act and the
> Telecommunications Act (the definitions are somewhat recursive, but it eventually
> comes down to whether you provide a service for carrying communications via
> electromagnetic waves - whether or not you have a carrier license).
>
>  
>
> That’s essentially the definition of a carrier, and in Australia, if you are a
> carrier then you need to be a licensed one – so, moot point maybe ;-)
>
NO NO NO! To both of you!

Being a carrier has NOTHING to do with providing IP addresses, or services.

A carrier license is a license to dig holes. Its a civil construction permit, to build
and/or own the underlying cables or radio links. Nothing more.

If you *operate* the cables, or services provided over the cables (yours or cables you
lease from someone else) then you are *also* a CSP - Carriage Service Provider.
You don't need a carrier license to own buildings, you don't need one to own the
equipment that lights up the cables, you don't need one to provide services, you don't
need one to lease a connection from someone else. You only need a carrier license if
you own the underlying cable/radio link as an asset (and its more than 600 metres, or
crossing a property boundary), or you want to build a new one.

To the point - being a licensed carrier has NOTHING to do with data retention. A
licensed carrier, that doesn't provide services, has nothing to retain.

Paul.
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