Hello Everyone,
Something to think about. Someone who asked to be anonymous sent
this to me.
Then again, it might be easier to do an ISP switch...
-Ben
-----------------------------------
By an Anonymous Author
On Thu, 27 Jun 2002, Jacob Farkas wrote:
> The TWC cable Cease and Desist letter made reference to this law. The
claim
> is that by setting up a free wireless node you are in violation and are
> subject to its penalties.
>
Okay, time to nitpick here. Standard disclaimer applies, as I'm not a
lawyer. Use your own sensible judgement, however, keep in mind that the
law only specifies what it says, and says what it specifies.
First of all, the word "Cable Service" or "Cable System" is not defined.
It's probably defined elsewhere. Quick search on Google and we find:
http://www4.law.cornell.edu/uscode/47/522.html
(Cornell is great for this. Hyperlinked chapter/subchapter)
I will now direct your attention to (6), where "cable service" is defined:
6) the term ''cable service'' means -
a) the one-way transmission to subscriber of
ii) other programming service
This does not sound like RR, which is a *two-way service*. ie, if I
don't transmit a request, I don't recieve. It is also not a programming
service, as there is no "program" being sent. And on (7) - Cable system:
7) the term ''cable system'' means a facility, consisting of a set of
closed transmission paths and associated signal generation, reception, and
control equipment that is designed to provide cable service which includes
video programming and which is provided to multiple subscribers within a
community, but such term does not include
c) a facility of a common carrier which is subject, in whole or in part,
to the provisions of subchapter II of this chapter, except that such
facility shall be considered a cable system (other than for purposes of
section 541(c) of this title) to the extent such facility is used in the
transmission of video programming directly to subscribers, unless the
extent of such use is solely to provide interactive on-demand services;
Includes means only. It "only" includes video programming. RoadRunner is
ISP, so I will assume c) applies here. So what 522(7)(c) is saying is
that TWC is a cable system when they are providing video programming, but
not when they are acting as an ISP. Now, 522(7)(c) mentions 541(c):
c) Status of cable system as common carrier or utility
Any cable system shall not be subject to regulation as a common carrier or
utility by reason of providing any cable service.
Translation: TWC shall not be considered a common carrier because they
provide cable service. They will, however, be considered if they provide
non-cable service, such as... RoadRunner High Speed Internet!
So, now that we've gotten our definitions correct for the purpose of
understanding 47 USC 553, let's reread 553 again.
Section 553 - Unauthorized reception of cable service
Oh, wait a minute here... Didn't we just decide that TWC is NOT providing
"cable service" when they are providing RoadRunner? So let's look at the
nastygram that TWC sent to our esteemed member:
Use of your account for this purpose violates your subscription agreement
and our Acceptable Use Policy in a number of ways, including Paragraph
5(d) of the agreement, which states that subscribers are prohibited from
reselling or redistributing the service, or any portion thereof, whether
for a fee or otherwise. This activity also violates a number of federal
and state laws, including 47 U.S.C. 553, which allows for civil remedies
of up to $50,000.
My opinion: The service that NYCWireless member provide does not violate a
number of federal and state laws, including "only" 47 USC 553, which
doesn't have anything to do with a non-cable service called "Road Runner
High Speed Internet" that Time Warner Cable of New York City provides, as
this "federal law" only specifies unauthorized reception of "cable
service", which (I hope) none of you are doing.
I have not touched upon the AUP, that's up to you to read and see if you
are violating.
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