[AusNOG] Peering Providers

Paul Brooks pbrooks-ausnog at layer10.com.au
Wed Mar 25 10:39:10 EST 2015


On 24/03/2015 11:46 PM, Paul Julian wrote:
>
> Question to the knowledgeable….
>
>  
>
> Is a business which does only peering between service providers classed as a service
> provider themselves ?
>
> In other words if you are only passing data between one entity and another, and you
> don’t provide any services except for the connectivity to pass that data would that
> still classify you as a service provider ?
>
>  
>
> I suppose an example would be a peering company like Megaport (just an example), if
> they are just passing data through from people to other people without doing
> anything with that data or providing any services like email of website hosting etc,
> are they are service provider ?
>
>  
>
> Sorry if it’s a stupid question but I am curious.
>
Its not a stupid question - but if you need to know for a compliance/legal/money
reason where the cost of getting it wrong is higher than the cost of asking a lawyer,
you should consult a real lawyer.
In your example, the peering company is renting out the port and the capability for
passing traffic through, so they are providing services - however they aren't
'carriage services'.

You didn't say if the other service providers are customers or suppliers of yours -
who is the 'supplier' matters.

If you 're happy to interpret it yourself, check out

http://www.austlii.edu.au/au/legis/cth/consol_act/ta1997214/s87.html

note 'public' includes any individual or organisation not within your own organisation
or immediate-circle - including other arms-length service providers.

If you aren't providing any of the links (carriage services) between your premises and
your (other service providers) premises - i.e. they are bringing their own links -
then you might not be a carriage service provider.


P.



>  
>
> Regards
>
> Paul
>
>  
>
>
>
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