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G4EBT > WLAN 28.09.03 01:24l 137 Lines 6470 Bytes #999 (0) @ WW
BID : 541590G4EBT
Read: GUEST DB0FHN OE5RCO DK5RAS DO1SLP DO6NP
Subj: Re: VK3JMA It's not ham radio
Path: DB0FHN<DB0RGB<OE5XBL<OE3XSR<OK0PCC<OK0NAG<OK0PPL<DB0RES<ON0AR<GB7FCR
Sent: 030927/2317Z @:GB7FCR.#16.GBR.EU #:17014 [Blackpool] FBB-7.03a $:541590G4
From: G4EBT@GB7FCR.#16.GBR.EU
To : WLAN@WW
Harry, M1BYT wrote:-
> Rules are there to be bent and broken. If they can happily and so
> blatantly get away with, why are we still operating in the dark ages
> with 1k2?
They aren't "getting away with it" by bending or breaking rules, at least
not in VK. The enterprising forward-looking computer hobbyists identified
by the Linton-Harrison paper that I referred to earlier, won dispensation
from the Australian Government from having to take out Telecommunications
Carrier licences at a cost of œ10,000 (Australian), which would have
regulated their activities.
I'm not familiar with VK laws, but in Europe, there is important
legislation such as the Human Rights Act, and judgements in European
Courts of Justice. Public Authorities (the Radiocommunications Agency
for example), aappear to be lagging behind in some respects, and need
to be come up to speed as to the extent that they seek to regulate
people's lives.
I'm presently preparing a complaint to the Chief Executive of the RA
concerning their handling of a complaint from VK about message content.
The RA, (through the hasty and inept, but well-intended actions of its
officers), blatantly failed to comply with the Cabinet Office Enforcement
Concordat, and have undoubtedly breached what is known as the "Principle
of Proportionality".
The matter which sparked this off was quite trivial, but the issues which
ensued therefrom are anything but, even though it came to nothing in the
end. The issues are quite complex, and whilst they could affect others in
a similar situation, I won't dwell on them, as it's of limited interest,
and of little relevance to WLAN's.
Back to the "Principle of Proportionality": This is one of the most
important cornerstones of EC law. It is derived from German law, and
is one of the underlying rights of the constitution. ("International
Handelsgesellschaft"). It operates as a constraint on Public Bodies,
(Such as the RA, NHS, Local Authorities, etc), which: "May not impose
obligations beyond those which are appropriate and necessary to achieve
the objective of the measure".
This principle implies a clear relationship between the means and the
ends of legislation, and the manner in which that legislation is
interpreted and enforced. The Principle of Proportionality is similar
to the concept of "reasonableness" in English law, but involves more
stringent criteria.
It is frequently invoked before the European Court of Justice, which has
referred specifically to reasonableness: In Chasse (Case 15/58), the ECJ
held that high authority "must not exceed what is reasonable, and must
avoid, as far as is possible, causing harm".
As to how this might affect liberalisation of amateur radio, consider
the access arrangements into the hobby: The main reason for restrictions
on entry into amateur radio are to minimise the risk of amateurs causing
problems to other spectrum users - by for example, operating outside
specified frequency bands, or at powers in excess of those permitted.
If the Radio Regulatory Bodies in Europe (ergo RA) were to insist on
a level of qualification in excess of that which is needed to meet
the minimum criteria, they could be challenged on the principle of
proportionality, as they would be denying access to potential radio
amateurs for unjust, (and therefore unlawful), reasons.
In the UK, they could leave themselves open to a Judicial Review, which
Public Bodies try to avoid at all costs, (there have been many such
Reviews which have fundamentally affected the way that the NHS conducts
its affairs).
The Foundation Licence exemplifies adherence to the principle of
proportionality. It matters not what radio amateurs think about
"keeping up standards", "quality not quantity", "don't dumb down
the hobby" etc. Though these might be felt by some to be entirely
laudable aims, they have no relevance to the regulatory framework
into the future.
That's why the FL is pitched no higher than need be for operating
commercially made transmitting equipment (or commercial kits) at a
power limit of 10 Watts. The FL admirably fulfils that criteria.
The same applies to the Intermediate and Full Licence. At this stage,
it looks like rationalisation of the VK licensing framework will be
even simpler.
On the wireless LAN situation, as I se it the only people who could
lose out if regulations were to be relaxed are huge commercial telecomms
companies, and the RA does not exist to line the pockets of private
companies. There doesn't seem to be any risks of interference to other
spectrum users that call for tight regulation of WLAN's insofar as radio
amateurs or computer hobysits are concerned.
It could be that at this stage no-one has even asked the RA to consider
the regulations insofar as they affect the WLAN situation. As in VK, the
only way that such regulations as might exist with regard to WLAN's would
be amended or relaxed, would be by effective lobbying, outlining a clear
strategy as to why the relaxation is called for, and what measures would
be taken to minimise any real or perceived difficulties.
I suspect that radio amateurs, (or at least some of those who stalk
the corridors of the packet network), who could fall out with their
own shadows and start an argument in an empty room, are not the ones
to carry this forward. A glance at some of the tetchy exchanges in the
present debate amply illustrates that point.
As in Australia, I guess that progress in this sphere will have to come
from computer hobbyists - it may even be happening now in the UK, while UK
amateurs are blissfully unaware of developments. It's surprising what can
be achieved when everyone pulls together.
I don't know how many radio amateurs there are in Melbourne, or whether
there's even an RF packet BBS (1k2/9k6?), but it wouldn't surprise me if
very few Melbourne amateurs know (or even care) that there's network of
895 Wireless LAN nodes on 2.4 gHz covering their city.
So rambled G4EBT.
Sent as always, as "remarks of a personal character", and with no malice
intended. (No dumb animals were harmed in the writing of this bulletin).
Happy WLANing, and happy landings :-)
73 - David, G4EBT @ GB7FCR
Eddystone User Group Member
G-QRP Club Member No: 1339
QTH: Cottingham, East Yorkshire.
david@crofters89.freeserve.co.uk
Message timed: 18:13 on 2003-Sep-27
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