Does any part of that LAN (directly OR indirectly) connect somehow to the Internet or a device with a modem that is connected or can be connected to any part of the telecommunications network ?
Do you know this is illegal, but used to be legal!
Cabling in any premises that is used, installed ready for use or intended for use on the customer side of the boundary of a telecommunications network is defined in Section 20 of the Telecommunications Act 1997 as "Customer Cabling".
Installing Customer Cabling that connects or is intended to connect to a carriers telecommunications network is defined in section 418 of the Telecommunications Act 1997 as "Cabling Work".
Anyone who performs cabling work are defined as a cabling provider and are subject to Cabling Provider Rules as defined in section 421 of the telecommunications Act 1997.
The Cabling Provider Rules (CPR's) require anyone performing cabling work to be registered.
Making patch leads (cords) from cable and associated cabling product is performing cabling work. A completed patch cord is subject to section 5.6.13 of AS/ACIF S008: 2006 requirements for Customer Cabling Products and therefore requires testing to prove compliance and the cord then labelled with the A-tick as any manufacturer of a cord must do.
Regardless of the extent of cabling work done or how it connects to a carriers network, the Act and subordinate legislation require the cabling provider to be registered and comply with their registration conditions.]
Rather silly hey! I mean it's not like we are playing with phone cables, but to make a lousy cat5 patch lead is a no-no unless you only use it on a private LAN with no net/telecommunications devices accessible in any way shape or form.
This all used to be legal until 2000, until they introduced the Cabling Providor Rules.
Updated: The previous exemption was called the DDE
The requirement for any person who performs cabling work to be licensed/registered has existed since the start of deregulation of telecommunications in 1989/90. The only essential difference is that the original Digital Data Exemption (DDE) introduced under the 1989 and 1991 Acts which exempted Security, Fire and Data cabling providers from needing to be licensed was removed with the introduction of Cabling Provider Rules in 2000.
/end update
We all know everyone flouts this law, are you telling me seriously every SysAdmin and Network Engineer in this country is licenced under Cabling Providor Rules? Pigs ass they are! .....What about all the folk who do this at home and for their employers now? Most people are not even aware its an offence.
If we could do this legally for years before, why not now?
This exemption was removed at the push of industry, after all, why should you or I spend $10 and do it ourselves when we can get a licenced cabler in who will charge us $80-$200 to do maybe near as good a job as we would, right ?
Making an ethernet patch lead is not rocket science!
Drilling a hole in two rooms, running cat5 cable through,and terminating them into a skirting sockets on either end is not rocket science. It's not like everyone is going to do it, only those that know how to, just like before!
Now I don't consider the exemption should apply to ANYONE who does cable installations for a living, this protects the paying customers and to hopefully reassure them the quality is up to some sort of spec (this is debatable from some of the cabling works I've seen done by these so called licenced cablers - it's scary!), but this is for someone who does it in a hobbyist situation at their own home, or for their employer (like in the case of a Sys/Network Admin, IT support staff etc) in the course of normal job... come on people... sanity needs to return.
Sanity? why am I talking about sanity? Well, imagine a person who makes an ethernet cable for two home PC's to talk to each other, lets say two residents who are gamers, so they can play against each other super fast desktops, alighty thats cool, its legal.. But how do these guys access the net? ok, they have less powerful laptops and they use the wireless, thats cool, but wait, the broadband modem has an ethernet port, the ACMA could claim one or both normally access the Internet from one or both of those PC's, with your home-made cable, and prosecute you, and the courts being as they are would likely believe them, so it's a very dangerous contradiction, one hand its legal to cable for one purpose, but not the other.
If we can't get the full DDE back, then what I feel a balanced out exemption under The Act would be for any person wiring data cables (inclusive of all cable installation, connections, plugs, sockets, leads) for home, or for an employer, providing:
* cables are not made "for sale" to a third party
* the person does not perform any cabling services for a fee, except for an employee in the execution of their normal day to day duties (for example, System Administrator, Network Administrator, in-house IT Support staff etc...) and,
* an employee performing such tasks receives no additional specific payments for doing so
* the person is not employed by a Cable Installation company to perform any cable related work
So... If you, like I and many others, are sick of this pointless law, write to your local federal member, and most importantly, write to the minister (Hon S.Conroy) asking for the data exemptions back, or at a minimum like above to be re-instated at the earliest possible time
If you want to personalise them and change it in your letter/email, please be realistic, if you do cabling for a living then you should not be exempt! This has to be so to ensure there are standards in workmanship when you are doing it for money for other people.
Ok, so please get writing or typing folks, we may not succeed, but we'll never know unless we have a go, a good idea is to also ring your local MP a week later if they have not replied, just a courtesy call to ensure they got your letter/email and that wasn't eaten up by anti-spam measure, remember, the wheels of politics move slowly, so don't delay.
The more people who do this, the far better chance we have of getting this silly law changed, so spread the word
Edited: If you would like to cast a vote on how you make them, please see http://polls.ausics.net
(completely anonymous voting - which is why I did not use phpBB's voting which isn't so anonymous and it means you don't have to register here just to cast a vote).
Some reading for those interested (or who have the time)
http://www.acma.gov.au/webwr/aca_home/registers/cabling_licences/cprs2000.pdf
http://www.commsalliance.com.au/__data/assets/pdf_file/0008/2420/S008_2006r.pdf
http://www.acma.gov.au/WEB/STANDARD/pc=PC_1897
- I would like to thank the ACMA for providing detailed information on the DDE and substantial amount of other information with relation to the Telecommunications Act 1997 and the CPR 2000.
