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PREAMBLE

On July 2nd 2002 [1], the Standing Committee on Communications,
Information Technology and the Arts [2] Inquiry into Wireless
Broadband Technologies [3] requested of Tyson Clugg [4] that Melbourne
Wireless [5] should report on how a CODE OF PRACTICE could be
developed in conjunction with the Australian Communications Authority
[6] to ensure that Melbourne Wireless [7] is able to satisfy legal
obligations imposed by various legislation.

CONTRIBUTORS

* Melbourne Wireless Inc. [8]

* Tyson Clugg [9]
* Andrew Griffiths [10]

PURPOSE

This document is for the moment only a guide as to _how_ a Code of
Practice can be developed to help members satisfy legal obligations
imposed by legislation. Most legislation makes specific provision [11]
for the development of INDUSTRY CODES and INDUSTRY STANDARDS.

RELEVANT LEGISLATION

* Commonwealth Legislation

* Radiocommunications Act 1992 [12]
* Telecommunications Act 1997 [13]
* Broadcasting Services Act 1992 [14]

GOVERNMENT BODIES

The Department of Communications, Information Technology and the Arts
(DCITA [15]) :Telephone: +61 2 6271 1000
Fax: +61 2 6271 1901

* Telecommunications [16]

* Chris Cheah [17]
Chief General Manager, Telecommunications
Telephone: +61 2 6271 1477
Fax: +61 2 6271 1850

* Broadcasting and Online Regulation [18]

* Susan Page [19]
Chief General Manager, Broadcasting and Intellectual Property
Telephone: +61 2 6271 1533
Fax: +61 2 6271 1717

The Australian Communications Authority (ACA [20]) :Telephone: +61 3
9963 6800
Fax: +61 3 9963 6899

* Radiofrequency Planning [21]

* Barry Matsen [22]
Executive Manager, Radiofrequency Planning
Telephone: +61 2 6219 5276

* Telecommunications Licensing [23]

* Paul White [24]
Executive Manager, Telecommunications Licensing
Telephone: +61 3 9963 6866

INDUSTRY GROUPS

* Australian Communications Industry Forum [25]

COMMENTS

TysonClugg [26] - After speaking with various people from the ACA, it
has become clear that little progress can be made with respect to the
Telecommunications Act becuase of a lack of clarity in current
regulations. DCITA is in the process of providing clarification to
intended interpretation of the act, the outcome of which will shape
any development of codes related to the Telecommunications Act.

-------------------------

WIRELESS CODE OF PRACTICE

Explanatory Statement

* Easing regulatory burden

* ACA
* FCC

* Generalise duties and responsibilities?

Reference to associated codes and regulations

* Acts of Parliament
* Government Regulations
* Australian Standards
* Industry Code of Practice

Provide guides to laws and regulations

* Promote standards compliance
* Review process

Training and competence

* Education
* Certification of proficiency
* Awareness of requirements

Provide testing of equipment

* Collaboration with manufacturers
* Local testing facilities

* Calibrated by independent group
* Low/Zero cost calibration of equipment

* Independent testing facilities
* Publicise availability of testing facilities
* Review process

Disciplinary action

* Notify the ACA of breaches
* Protocol of notification

* To the offender & group
* To the ACA

* Review process

Work to develop and improve guidelines

* Relevant bodies

* ACA
* FCC
* Community
* Vendors
* Service Providers

* Review process



Links:
------
[1] http://www.aph.gov.au/hansard/reps/commttee/r5608.pdf
[2] http://www.aph.gov.au/house/committee/cita/index.htm
[3] http://www.aph.gov.au/house/committee/cita/Wbt/index.htm
[4] http://melbournewireless.org.au/?TysonClugg
[5] http://www.wireless.org.au/
[6] http://www.aca.gov.au/
[7] http://www.wireless.org.au/
[8] http://www.wireless.org.au
[9] http://melbournewireless.org.au/?TysonClugg
[10] http://melbournewireless.org.au/?AndrewGriffiths
[11] http://scaleplus.law.gov.au/html/pasteact/2/3021/0/PA001320.htm
[12] http://scaleplus.law.gov.au/html/pasteact/0/300/top.htm
[13] http://scaleplus.law.gov.au/html/pasteact/2/3021/top.htm
[14] http://scaleplus.law.gov.au/html/comact/8/4013/top.htm
[15] http://www.dcita.gov.au/
[16] http://www.dcita.gov.au/Subject_Entry_Page/0,,0_1-2_3,00.html
[17] mailto:chris.cheah@dcita.gov.au
[18] http://www.dcita.gov.au/Subject_Entry_Page/0,,0_1-2_10,00.html
[19] mailto:susan.page@dcita.gov.au
[20] http://www.aca.gov.au/
[21] http://www.aca.gov.au/frequency/index.htm
[22] mailto:barry.matson@aca.gov.au
[23] http://www.aca.gov.au/licence/index.htm
[24] mailto:paul.white@aca.gov.au
[25] http://www.acif.org.au/
[26] http://melbournewireless.org.au/?TysonClugg

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