[Ninux-day] Fwd: Re: Wrap-up

[Paolo Brini]

Ramon Roca ha scritto:
> Thanks Paolo for providing a much more wider and updated view on the
> legal frameworks.
>
> Art. 5 of the 2002/20/CE looks very much changed. Is that new text
> already in force?

No, the amended 2002/20/EC shall be transposed within 18 months. But if
there's something useful there, it can be used anyway "politically" to
show future incompatibility with italian law. It should be common
practive for Member States to adopt laws which are incompatible with
already adopted Directives, although those Directives are not yet into
force.

I agree on the following statements. We have to think about them. As a
side note: just in case, is there anyone who can answer to my previous
questions about 1999/5/EC?



> We should take a look at the new 2002/20/CE and the Italian
> legislation to find out how is being granted the "general authorization".
>
> I'm pointing that because what we would need in a short time is to
> clarify the uncertainty on getting involved in community networks. To
> strength community networks as well as the activism, we do require
> cooperation on the civil society and other orgs, including
> authorities, local municipalities, etc. Those orgs might be very
> sensible in getting involved if there are legal concerns.
>
> But on the other hand looks difficult to complain about a restrictive
> reading of the current setup which in fact is not being applied at all
> (AFAIK, no one in has been approached in Italy because of installing a
> wireless equipment outdoors and linking with others). Under that
> circumstance, looks difficult to complain at the UE against a member
> state for something which don't really does, because we are already
> under the general authorization.
>
> A key point here might to clarify everything is to find out how we can
> esnure that the general authorization includes those practices,
> without requiring any other specific or individual authorization while
> using unlicensed spectrum.
>
> In Spain, we just informed (not asked for authorization) to the
> regulator about our activities, pointing clearly that we would not ask
> for any permission on an indivifual basis, so everybody is entitled to
> join the network without concerns. The regulator was fine with that,
> maybe also very much afraid for getting thousands of requirements for
> authorizations... which was something we are capable if needed by just
> sending a list of our nodes.
>
> So thinking in what could be the next action, how we can proceed to
> ensure that community networks are under that general authorization in
> Italy?
>
> Ramon.