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LegalNotes » History » Revision 13

Revision 12 (Anonymous, 02/19/2016 10:48 PM) → Revision 13/23 (laforge, 02/20/2016 07:32 PM)

h1. Legal Notes 

 
 h2. Licensed GSM Spectrum 


 


 GSM operates in *licensed frequency spectrum*, i.e. the license to operate equipment on the GSM bands is granted (typically sold/auctioned) to commercial entities. 

 This is _very different_ from technologies like Bluetooth or [[WiFi]] operating in the 2.4GHz unlicensed ISM band. 

 As a result, you cannot operate any GSM RF equipment (like the [[BS11|BS-11]] or any other BTS) unless you have obtained 
 a proper license from the regulatory authority in your country.    Accomplishing to operate a BTS without having such a license is subject to punishment according to the respective laws in your country. 

 Apart from the legal aspects, there also are practical aspects.    If you operate on a channel (ARFCN) that is already used by a GSM operator, 
 you will likely create interference with the production network.    *Please don't do this!* It is illegal and disruptive, and not 
 related to what this project is trying to achieve. 

 Interfering with a public telecommunications network, intentionally or unintentionally, is a crime in most countries and punishable under applicable law! 


 


 h3. Regulatory authorities for GSM licensing 


 


 * Austria http://www.rtr.at 

 * Belgium http://ibpt.be/ 

 For testing, the authorization category 1b and 6 are relevant. The GSM900 band is fully licensed to commercial operators, so only ARFCN in the 1800 band will be allocated. 

 * Germany: http://www.bundesnetzagentur.de/ 

 * Netherlands: http://www.agentschap-telecom.nl/ 

 * Sweden: http://www.pts.se/en-gb/ 

 * Switzerland: http://www.bakom.admin.ch/ 

 * United Kingdom: http://www.ofcom.org.uk/ 


 


 h2. GSM Related Patents 


 


 [[OpenBSC]] is Open Source software for research purpose, not a product that is used commercially.    The development is done by volunteers who want to learn more about GSM 
 and who want to encourage others to experiment with it. 

 As such, [[OpenBSC]] does not come with patent licenses of any sort.    It is well known that mobile telephony and GSM specifically is a patent minefield.    Some of those patents 
 relating to voice codecs and the Um air interface are already licensed by the BTS manufacturer.    Other patents might apply directly to what [[OpenBSC]] is doing. 

 If you are using [[OpenBSC]] in a commercial setting, it is your responsibility to properly license all applicable patents from their respective holders.    The ETSI maintains 
 a list of _essential patents_ that apply to GSM. 

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