Wireless Licensing

Wireless Telegraphy

The Wireless Telegraphy Acts date back to the turn of the 20^th century.  The Wireless Telegraphy Act 1926 has been amended on numerous  occasions.

The Wireless and Telegraphy Acts provide a general system of licensing of wireless telegraphy broadcasting and receiving equipment. Wireless Telegraphy means the emission receiving or emitting or receiving only over paths which are not provided by any material substance, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz whether such energy serves the conveying of communications, sounds, visual images or signals or the actuation or control of machinery or apparatus.

Apparatus for wireless telegraphy includes all equipment and apparatus for emitting and receiving the same and/or emitting or receiving the same only. A television set is any electronic apparatus capable of receiving and exhibiting television broadcast services, broadcasts for general reception, and any software or assembly comprising such apparatus or other apparatus.

ODTR

The Telecommunications (Miscellaneous Provisions) Act 1996 provided for the establishment of the Office of Director of Telecommunication Regulation. The functions were transferred from the Minister for Communication who dealt with regulation of telecommunication carrier service radio communications and cable television. The regulator could regulate tariff for certain services.

The ODTR was also responsible for the  regulation and management of the radio frequency spectrum under  the Wireless Telegraphy Act. The Minister retain power to prepare a plan for management and regulation of the  frequency spectrum with power to give policy directions based on frequency management. Certain regulations by the director require the consent of the Minister.

The ODTR was independent in the exercise of its functions. The regulator was levied financed by levies on telecommunication service providers and certain licence fees under the transferred regulation.

ComReg

The Communications Regulation Act 2002 replace the Office of the Director of Telecommunications Regulation with the Commission for Communications Regulation commonly known as ComReg. The Commission comprises a three person executive panel in place of a single regulator.

The legislation updated the framework for the development of electronic communications infrastructure including sharing of strategic national infrastructure. The Commission is obliged to ensure compliance with by regulated undertaking to its obligation in relation to access to and supply of electronic communication services network facilities and to manage the radio frequency spectrum.

Licensing

The Wireless and Telegraphy Acts applies in principle, subject to exemptions to both  equipment for the receipt of broadcasts and  to  broadcasting equipment.Generally, a person may not have in his possession any apparatus for wireless telegraphy unless authorised by and licenced under the Acts. He may only use or work the apparatus in accordance with the conditions of the licence.

Failure to have the requisite licence is an offence punishable on summary conviction in the District Court but with a further fine on the basis of each day the offence continues. The legislation contains powers to investigate the possession of wireless telegraphy apparatus, issue of search warrants etc.

The operation and maintenance of a signalling station broadcasting require consent and licence.  The Minister may prescribe the fees in respect of the various types of receiving and broadcasting licences.

Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Sound Broadcasting Receivers) Order, 1972 provided for the abolition of the requirement to license sound broadcasting receivers from 1st September, 1972.

S.I. No. 200/1976 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Wired Broadcast Relay Stations) Order, 1976 provided for the abolition of the requirement to license wired broadcast relay stations to which the number of service points connected does not exceed one hundred with effect from 1st day of October, 1976. .

Wireless Telegraphy (Business Radio Licence) Regulations 1949 to 1992 provide for a business radio licence.

The Wireless Telegraphy (Experimenter’s Licence) (Amendment) Regulations  (now 2002 provide for an experimenter’s licence formerly known as a radio ham license.

ITU

The International Telecommunications Union was established under treaty signed in Geneva in 1992. It was ratified by  Ireland in 1996. It adopts international rules on terrestrial and outer space use of frequency spectrum as well as satellite positioning and uses.

The ITU constitution is a treaty in effect which almost all states worldwide party. It seeks to promote and maintain international cooperation regarding use of telecommunications and harmonise initiatives for that purpose.

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 exempt cordless phones from the Wireless Telegraphy legislation within certain bands designated under  European Communities (Digital European Cordless Telecommunications – DECT) Regulations 1994 (S.I. No. 168 of 1994) and standards approved under the European Communities (Telecommunications Terminal Equipment) Regulations.

Exemptions

Numerous Orders were made under the Wireless Telegraphy Act in 1999 which exempted wireless terminals used in mobile telephony from the 1926 licensing requirements. Exemptions were applied for a range of terminal types as well as other apparatus for mobile phone signals.

• S.I. No. 409/1997 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Telephones) Order, 1997
• S.I. No. 410/1997 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Cordless Telephones) Order, 1997
• S.I. No. 214/1998 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order, 1998
• S.I. No. 436/1998 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Citizens’ Band (Cb) Radios) Order, 1998
• S.I. No. 93/1998 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Business Radios) Order, 1998
• S.I. No. 108/1999 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order, 1999
• S.I. No. 107/1999 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order, 1999
• S.I. No. 273/2000 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order, 2000
• S.I. No. 173/2000 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs<<1 Ghz)) Order, 2000
• S.I. No. 398/2001 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order, 2001
• S.I. No. 405/2002 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order, 2002
• S.I. No. 158/2003 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Telephones)(Amendment) Order 2003
• S.I. No. 505/2003 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003
• SI No. 007 of 2004 Wireless Telegraphy Act 1926, (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004
• S.I. No. 292/2005 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) (Amendment) Order 2005
• S.I. No. 197/2005 – Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) Order 2005
• S.I. No. 128/2005 – Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2005
• SI No. 160 of 2006 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) (Amendment) Order, 2006
• SI No. 343 of 2008 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order 2008
• SI No. 178 of 2008 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008
• SI No. 290 of 2010 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order, 2010
• SI No. 111 of 2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ground Probing and Wall Probing Radars) Order 2013
• SI No. 112 of 2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Level Probing Radars) Order 2013
• SI No. 169 of 2013  Wireless Telegraphy Act 1926 (Section 3) (Exemption of Aparatus for Mobile Communications Services on Board Vessels) Order 2013
• S.I. No. 218 of 2017 Wireless Telegraphy Act 1926 (section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2017
• S.I. No 226 of 2020 – Wireless Telegraphy Act 1926 (Section 3) (Exemption of Terminals for Satellite Services) Order 2020
• S.I. 282 of 2021 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment And User Equipment) Order 2021

GSM EU Coordination

European Communities (Co-ordinated) Introduction of Public Pan-European Cellular Digital Land Based Mobile Communications – GSM) Regulations 1994 (SI No. 416 of 1994) implemented EU directive on frequency bands designated for coordinated introduction of a pan- EU cellular digital land-based mobile communications system (DSM).The cellular Service in each state must conform to the European telecommunications standard.

The Designation of frequencies was to conform with the  European Telecommunications Standard (ETS) developed by the GSM (Global Special Mobile) Technical Committee of the European Telecommunications Standards Institute (ETSI)  Users are provided with a mobile telephone telecommunications service in one state may gain access to the service in other states.

European Communities (Pan-European Land-based Public Radio Paging Service — ERMES (Regulations), 1995 gave effect to the EU directives on certain radiofrequency channels. They were to be designated a protected for EU wide public radio paging services based on terrestrial infrastructure in accordance with European telecommunications standards developed by the European telecommunications and its Institute.

European Communities (Digital European Cordless Telecommunications – DECT) Regulations 1994 (SI No. 168 of 1994) implement EU directive on frequency bands providing for the coordinated use of Digital European Cordless Telecommunications (DECT). A frequency bands delegated dedicated exclusively for this purpose.

Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 and 1999  were made by the regulator in pursuance of statutory powers with the consent of the Minister. They provide for licences for apparatus for wireless telegraphy for the purpose of providing GSM and PACS mobile telephony services. The provide for the conditions for regulation of the apparatus concerned.

GSM mobile telephony service’ comprises a pan-European cellular digital land-based mobile telephony service conforming with certain international standards GSM.TACS mobile telephony service is a service comprising cellular land-based mobile telephony service within a certain frequency band using analogue technology and complying with Total Access Communications System Mobile Station.

Various Licensing

S.I. No. 73/1999 – Wireless Telegraphy (Programme Services Distribution) Regulations, 1999 provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services, for the regulation of wired broadcast relay and television programme retransmission systems and for the payment of licence fees.

S.I. No. 347/1999 – Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations, 1999 provided for the issue of a licence to Carrigaline Community Television Broadcasting Company Ltd., trading as Southcoast Community Television, for apparatus for wireless telegraphy used for the purposes of retransmitting television programme services and for the conditions of such a licence..

S.I. No. 287/1999 – Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations, 1999 now SI No. 762 of 2007 Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations, 2007

rovide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for the purpose of using FWPMA for the provision of telecommunications access network and services.

The Wireless Telegraphy legislation and broadcasting and Wireless Telegraphy Act apply in respect of  satellite earth station equipment. This is equipment used for the transmission or the transmission and reception of radio communication signals by satellite or other space-based systems.

S.I. No. 261/2000 – Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000provide for the issuing of annual and short term Licences for satellite earth stations, of the Fixed Satellite Service (as set out by the ITU), operating to satellites in the geostationary orbit, in frequencies above 3 GHz which do not comprise a Teleport facility.

S.I. No. 18/2001 – Wireless Telegraphy (Teleport Facility) Regulations, 2001provide for the issuing of Licences for Teleport Facilities which comprise of three or more satellite earth stations of the Fixed Satellite Service (as set out by the ITU), operating to satellites in the geostationary orbit, in frequencies above 3 GHz.

S.I. No. 295/2007 – Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 provide for the issuing of five year, annual and temporary licences for satellite earth stations, for the Fixed Satellite Service (as set out by the ITU), in frequencies above 3 GHz and of five year and annual licences for Teleport Facilities consisting of two or more non-transportable Fixed Satellite Earth Stations

S.I. No. 240/2001 – European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations, 2001give legal effect to Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. .

Wireless Telegraphy (Third Generation and GSM Mobile Telephony Licence) Regulations 2002 provides conditions for licences for operate use generation and GSM mobile telephony services.

S.I. No. 435/2002 – Wireless Telegraphy (Mobile Radio Systems) Regulations, 2002 provide for the issuing of Licences for types of mobile radio systems intended for local or on-site use, which may, if appropriate, be licensed by the Director. Where other Regulations under the Act of 1926 apply to specific radio systems, those Regulations shall be used.

S.I. No. 529/2003 – Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003  provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services and television programme retransmission systems and for the payment of licence fees

S.I. No. 529/2003 – Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services and television programme retransmission systems and for the payment of licence fees.

S.I. No. 675/2003 – Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003 provide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for the purposes of the retransmission of licensed programme services in the UHF television bands.

S.I. No. 113/2005 – Wireless Telegraphy (Research and Development Licence) Regulations, 2005 provide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for such purposes.

S.I. No. 646/2005 – Wireless Telegraphy (Third Party Business Radio Licence) Regulations, 2005 rovide for the issue of Licences for apparatus for wireless telegraphy used solely for the purpose of third party business radio, for the regulation of radio apparatus and for the payment of fees by persons granted Licences for that purpose.

S.I. No. 642/2005 – Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations, 2005 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Wideband Digital Mobile Data Services, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.

S.I. No. 296/2006 – Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations, 2006 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of National Point-to-Point and Point-to-Multipoint Block Licences, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.

S.I. No. 172/2007 – Wireless Telegraphy (1785 – 1805 MHz Wireless Access Platform for Electronic Communications Services) Regulations, 2007 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Wireless Access Platform for Electronic Communications Services in the frequency bands 1785 – 1805 MHz, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.

The Wireless Telegraphy (Use of the Band 380-400MHz by Emergency Services) Regulations 2008 (S.I. No. 324 of 2008 made by the Commission provide for licensing of digital radio systems within certain frequencies for use of by emergency services.

The Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order exempted low-power stations and vessels from the requirement to be licensed. The Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008 exempted certain wireless telegraphy apparatus for the purpose of mobile communication services on board aircraft from licensing requirements

S.I. No. 370/2009 – Wireless Telegraphy (Radio Link Licence) Regulations, 2009 provide for the issue of licences for apparatus for wireless telegraphy for the provision of a Point to Point Radio Link or a Point to Multi-Point Radio Link, for the regulation of such apparatus, and for the payment of fees by persons granted licences for that apparatus.

S.I. No. 192/2009 – Wireless Telegraphy (Amateur Station Licence) Regulations 2009 provide for the licensing of apparatus for wireless telegraphy forming part of an Amateur Station, used for the purposes of conducting experiments and self-training in wireless telegraphy, and for the regulation of such apparatus, and for the payment of fees by persons issued licences for that purpose.

S.I. No. 193/2009 – Wireless Telegraphy (Aircraft Station Licence) Regulations 2009 Provide for the issue of licences for apparatus for wireless telegraphy forming part of an aircraft station on-board an Irish aircraft, FOr the regulation of such apparatus, and for the payment of fees by persons granted licences for that apparatus.

S.I. No. 189/2011 – Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations, 2011 and SI No. 19 of 2013 Wireless Telegraphy (Interim GSM Mobile Telephony Licence) (Amendment) Regulations 2013 and 2014 prescribe matters in regard to licences that may be granted under section 5 of the Wireless Telegraphy Act 1926 (as amended), to keep and have possession of, apparatus for wireless telegraphy in a specified place in the State for the purpose of the provision of a GSM Mobile Telephony Service, including matters relating to their form, the period(s) during which they continue in force, the fees payable in respect of them, and the conditions and restrictions applying to them.

S.I. No. 66/2011 – Wireless Telegraphy Act, 1972 (Prohibition of Sale, Letting on Hire, Manufacture, and Importation of Wireless Telegraphy Interference Apparatus) Order, 2011 prohibits the sale or supply of devices that are designed to cause deliberate interference with wireless electronic communications apparatus such as mobile telephones.

S.I. No. 251/2012 – Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz bands) Regulations, 2012 s prescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in some or all of the 800 MHz, the 900 MHz and the 1800 MHz bands.

 

S.I. No. 563/2013 – Wireless Telegraphy (1800 MHz and Preparatory Licences in the 1800 MHz Band) Regulations, 2013 prescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 1800 MHz Band. .

S.I. No. 214/2013 – Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013 Prescribe certain matters in relation to licences for Broadband Wireless Access apparatus granted under section 5 of the Wireless Telegraphy Acts 1926 to 2009. Under these regulations ComReg may assign Broadband Wireless Access Local Area (BWALA) licences so that holders may offer fixed, nomadic and mobile broadband wireless access services in line with EC Decision 2008/411/EC The BWALA licensing scheme, in parallel with Fixed Wireless Access Local Area (FWALA) scheme which permits only fixed and nomadic wireless access services, will form the framework for 3.6 GHz licensing until both of these schemes come to an end on 31st of July 2017. .

The Wireless Telegraphy (Public Service Television and Sound Broadcasting Licences) Regulations 2019 consolidated the regulations licensing RTE. It licences or tea to possess maintain install and use wireless telegraphy for the purpose of providing broadcasting services and for provision and for payment of fees. It replaced the Digital Terrestrial Television Licence Fees Regulations 2007 (S.I. No. 796 of 2007); the Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008

Wireless Telegraphy (FurtherTemporary Electronic Communications Services Licences) Regulations 2020 prescribe matters in relation to further temporary licences for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 3) Regulations 2021 prescribe matters in relation to the further temporary licences (No. 3) for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.

Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 4) Regulations 2022 prescribe matters in relation to the further temporary licences (No. 3) for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.

Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment) Regulations 2022prescribe matters in relation to the amendment of the
commencement date of MBSA2 Liberalised Use Licences granted in the 2.1 GHz Band under the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulation 2021. .

the Wireless Telegraphy (ShortTerm Electronic Communication Services Licences) Regulations 2022prescribe matters in relation to the Short-Term Electronic Communications Services Licences in the 700 MHz Duplex and the 2.1 GHz Band. These Licences address the potential short-term impact upon Electronic Communications Networks and Electronic Communications Services caused by the upcoming expiry of licences in the 2.1 GHz Band and 700 MHz Duplex.

Offences

No person may have in his possession or keep whether in a place, ship or aircraft, apparatus for wireless telegraphy unless licenced or exempted under the legislation.  A person having possession of apparatus under licence shall not install, maintain or use such apparatus other than in accordance with the terms of the licence.

A person who keeps or has possession of apparatus in contravention of the legislation (other than a television set) commits an offence.  Punishment on summary conviction is a fine up to €5,000, on indictment a fine up to €250,000.

It is presumed until the contrary is shown that the person has possession of apparatus, if he is occupier of a premises and does not have a licence. A summary offence prosecution  may be taken within two years. Where a person is convicted on indictment, the equipment or apparatus is to be forfeited.

There are exemptions for a range of devices made under regulations, including certain short-range licences.

The requirements for ships and airplane apply to those registered in the State and those which frequent the state in relation to which no licence is enforced in another country.  The provision does not apply to apparatus exempted by regulations, defence forces equipment and warships of any state.

A person may not maintain a signalling station for the purpose of communications with ships at sea other than in accordance with a licence.  There are exemptions for signalling stations operated by the Department of Enterprise, Trade and Employment, the Commissioner for Irish Lights and other bodies having authority over lighthouses, buoys and beacons.

The appropriate authority in relation to licensing is Minister for Transport in the case of ships and associated vessels. In other matters, it is the Commission for Communications Regulation.

Legislation provides for the terms of licensing. The permitted radio frequency channels are specified in the licence. The regulator has power of enforcement were the apparatus causes interference with other operators where there is beta of licensing conditions. Certain other conditions and obligations apply to licence holders.