Subscriber

A subscriber is someone that has an agreement with us to use an Internet access service and is not receiving that service as a communications provider. This is the default.

Communications provider

The definition of communications provider is in in the Communications Act and is quite complex.

Firstly provider is a bit misleading as section 32(4) redefines this to include establishing, maintaining and operating a communications network.

Secondly network is a bit misleading as section 32(6) says that even a single transmitter counts as a communications network.

The Act seems to have been drafted to catch almost anyone as the definition seems to mean anyone that operates a small home network or even a DSL router would appear to be a Communications Provider under the Act. However, we are not trying to offer any legal advice here.

What we are asking here is whether you believe you receive service as a communications provider. It is not entirely clear what the difference is between that, and being a communications provider and receiving service. However, as it matters how you receive the service, not how we provide it, then we can only tell by asking you. Separately it matters if you are a communications provider whether your receive the service as that or not. We're not making this up, honest.

Internet service provider

An Internet service provider is anyone that is a is providing Internet access services to subscribers, and allocated IP addresses to do so. These have to be people that have an agreement with you to provide an Internet access service (so public wifi does not count if you have no agreements) and they must themselves not be receiving the service as a communications provider (else they are not subscribers). If you have anyone else using the service but they do not meet these criteria (an agreement, allocating IPs and them not being a communications provider) then you are just a communications provider yourself, and not an ISP.

Note that the definition of Internet access service is circular which makes this somewhat difficult. i.e. if it is not an Internet access service, then the people buying it are not subscribers, but if you have no subscribers then your service is not an Internet access service. Sorry, we don't make the law!

Importantly, if you buy Internet service from us, and charge your customer, then we have no commercial arrangement with your customer, so they are not our subscribers. However, if you do not allocate IP addresses to them (we do that) then you are not an Internet service provider either. You are, however, clearly buying from us as a communications provider in such cases. So neither you, nor your customers come under the definition of subscriber under the law. Don't take this as legal advice though.

Note that if you are an Internet service provider that providers services to the public then you become a public electronic communications network provider and have a number of additional obligations under the Communications Act.