On Mon, 3 Jul 2017, Peter Tiggerdine wrote:
Are they on-selling the service to their customers or providing a free service? Pretty sure that's the difference
I'm a bit out of the loop nowdays, but I'm sure the wording used to be "Provide", not "Sell".
Simply providing the service at no charge does not (or did not) absolve you from obligations under the act. Similarly, providing a service "for free" did not release you from the obligation (under the act) to be a member of the TIO.
There was no minimum distance for wireless like there was for wired links. (IIRC, a wire or glass link had to be 500m or more, or cross a property boundary while *any* length wireless link qualified)
There were specific inclusions for sites operating "under one roof" - example, within a shopping centre or multi-tennant building. You'd probably want to seek legal clarification if an "open air area" such as a pool comes under the "under one roof" interpretation, or if my memory of the exclusion is wrong.
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