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VK2AAB > HF       09.05.03 09:57l 61 Lines 2394 Bytes #999 (0) @ WW
BID : 44608_VK2AAB
Read: DB0FHN GUEST
Subj: Re: New BBS
Path: DB0FHN<DB0ZWI<DB0CHZ<DB0ERF<DB0FBB<DB0GOS<ON0AR<ON0AR<7M3TJZ<HA3PG<
      KD4GBA<W7NTF<VK3TE<VK3AVE<VK5UJ<VK5BRC<VK5ATB<VK2AAB
Sent: 030509/0635Z @:VK2AAB.SYD.NSW.AUS.OC #:44608 [SYDNEY] FBB7 $:44608_VK2AAB
From: VK2AAB@VK2AAB.SYD.NSW.AUS.OC
To  : HF@WW

Hello All,
          This thread of bulletins sounds a bit familiar.
Remember the discussion about messages  originating on the CB network  getting
onto the amateur packet radio network ?

This similar. There is confusion, perhaps  in the Radio Authority in the UK as
well  as  amoung  amateurs   on  the  difference  between   identifying  radio
transmissions and identifying the originators of messages.

There does not seem to be an problems anywhere about the originators of
bulletins judging  by the  number of  space and  similar bulletins that arrive
from the internet.

  If someone puts a message onto GB7ABC and it gets forwarded to GB7XYZ and it
is read by G3AAA then the transmission containing the message is identified
by GB7XYZ. GB7XYZ may have responsibilty for the content.

  If the originator was an amateur I  see no problem. If the originator is not
an  amateur then  it appears  that GB7XYZ  carries  the  responibilty  re  the
content.

  In Australia the situation is a  little different. If the originator was not
an amateur  then the  Telecommunications Act  gets in  the act,  not the Radio
Communications ACT.  The amateur  actually transmitting  the message on air is
not complying  with the  Telecommunications Act  even though  he has a licence
under  the  Radiocommunications  Act.  In   other  words  he  has  offered   a
telecommunications service to the public.

  Aside from  our particular  circumstance I  see no  problem with what GB7ABC
does legally even though it may not be in the best interests of amateur radio.


>> I think the case of GB7ABC , being purely an internet BBS, is *NOT* 
>> subject to the terms of the amateur radio licence.
>
>No wrong again. As soon as any message that originates on GB7ABC is
>accessed by radio on say GB7DBY (which has lots of radio access) then
>GW3TMH's licence will be considered to have been used in sending the
>messages from GB7ABC. Well according to the RA that is.


 Space  bulletins from  NASA are  up loaded by an  amateur but  they  did  not
originate on a licenced amateur station.

  Quite a can of worms isn't it ?

>
>So then they are operating amateur radio without a licence and are open to
>prosecution under different parts of the WT Act.
>
>As to whether the RA are right about this is open to question.
>
>73 de Andy GM7HUD


73 Barry VK2AAB



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