However, something I missed. One of the things I have harped on about is that whilst internet service provider and subscriber are defined, communications provider is not defined.
This is quite an important term, as you are not a subscriber if you take service as a communications provider. And if you are not a subscriber then the provider is not an internet service provider.
“communications provider” means a person who (within the meaning of section 32(4)) provides an electronic communications network or an electronic communications service;
Note that this is operating a network or a service. So just operating a network is sufficient to make you communications provider.
“electronic communications network” and “electronic communications service” have the meanings given by section 32;
And section 32 says:-
(1) In this Act “electronic communications network” means—
(a) a transmission system for the conveyance, by the use of electrical, magnetic or electro-magnetic energy, of signals of any description; and
(b) such of the following as are used, by the person providing the system and in association with it, for the conveyance of the signals—
(i) apparatus comprised in the system;
(ii) apparatus used for the switching or routing of the signals; and
(iii) software and stored data.
32(4) In this Act—
(a) references to the provision of an electronic communications network include references to its establishment, maintenance or operation;