What exactly is going on in WiFi? The Act is unclear in many cases, and where it is not, its provisions can often not be enforced. ICASA, the Independent Communications Authority of SA, has its own interpretations in many cases, some so stringent that wireless hotspots barely seem allowed.
The topic has such appeal for legitimate ISPs and wireless networking equipment providers, not to mention coffee shop owners, hotels and airports, that frustration clouds the whole affair.
Carel Alberts, technology editor, ITWeb
Meanwhile, the topic has such appeal for legitimate ISPs and wireless networking equipment providers, not to mention coffee shop owners, hotels and airports, that frustration clouds the whole affair.
To make the provision of wireless even more tantalising, research figures show that worldwide shipments of wireless local area network (WLAN) equipment grew 120% in 2002, from a year before. According to Gartner, revenue was up just 29%. Time is running out to clear up the confusion that reigns locally. Wireless is one of the few growth-areas in networking, and competition is so fierce that not much time remains to open it up before this market is exhausted.
ICASA to the rescue?
ICASA is due to publish a discussion paper today, promising to clarify all this. But even if the body sticks to a tight timeline of three months, it must allow for public submissions on the paper, and then formulate regulations on the issue.
In fairness, wireless is an area with many interests. ICASA is probably moving as fast as it can, but the issue must be approached with the necessary circumspection.
The lie of the land - part one
At the moment, according to commentators like Ant Brooks, head of the regulatory committee for the ISP Association, there are three areas in WiFi on which to focus our attention.
The first instance entails replacing a company`s LAN cabling with wireless. So long as they don`t cross a property boundary, such as a road or park, this is perfectly all right.
The lie of the land - part two
The second instance is Internet access provided by a wireless ISP (WISP). If Telkom`s or Sentech`s satellite network isn`t used - and the latter is only rolling out in the near future - this is "almost certainly" illegal. I use the phrase "almost certainly" on good advice, since there is no absolute certainty in this field, and someone might get upset.
An ISP has to use Telkom`s network to the user`s premises and can only replace cabled LAN equipment with wireless, or supply the equipment. This, however, isn`t their core business.
Meanwhile, smaller start-up WISPs are almost certainly offering WiFi illegally, escaping the legality radar screen as they`re often smaller operators. This means the frustration factor among legitimate ISPs is going through the roof. No wonder talk of telco delay and regulatory sloth is doing the rounds.
Users are getting frustrated too, with small-time, illegal WISPs operating in uncertain regulatory climates and going out of business.
The lie of the land - part three
Then there is the wireless hotspot situation, where businesses offer wireless to their clients as a way to make their coffee shop, restaurant, etc more attractive.
This is the greyest area of all. The law provides no clarity, but ICASA`s rigid, on-the-record interpretation of general WiFi provisions is that commercial operation of hotspots requires a value-added network services licence, which in turn has to use the Telkom network for the wireless link between hotspot owner and end-user.
Telkom is rumoured to be testing end-user WiFi, but until this is reality, ICASA`s view cannot be enforced. So hotspot owners, rave on, but at your own risk. It appears ICASA has no intention of policing this, and there are many arguments to be made that oppose ICASA`s directly. So long as Telkom is used to back-end the coffee shop, hotspots are allowed.
Nevertheless, the whole issue is mired in uncertainty, controversy, frustrated expectations and lost revenue. ICASA`s discussion paper is eagerly awaited.
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