Wireless Licensing

Table of Contents

WIRELESS TELEGRAPHY ACT, 1926.

AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF WIRELESS TELEGRAPHY ON LAND, AT SEA, AND IN THE AIR, AND FOR THE REGULATION AND CONTROL OF CERTAIN CLASSES OF VISUAL AND SOUND SIGNALLING STATIONS, AND FOR THE ESTABLISHMENT AND MAINTENANCE OF STATE BROADCASTING STATIONS, AND TO PROVIDE FOR OTHER MATTERS RELATING TO WIRELESS TELEGRAPHY, SIGNALLING, AND BROADCASTING RESPECTIVELY. [24th December, 1926.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

Preliminary.

Short title.

1.—This Act may be cited as the Wireless Telegraphy Act, 1926.

Definitions.

2.—In this Act—

the expression “the Minister” means the Minister for Posts and Telegraphs;

the expression “wireless telegraphy” means and includes any system of communicating messages, spoken words, music, images, pictures, prints, or other communications, sounds, signs, or signals by means of radiated electro-magnetic waves originating in an apparatus or device constructed for the purpose of originating such communications, sounds, signs, or signals;

the expression “apparatus for wireless telegraphy” means apparatus for sending and receiving or for sending only or for receiving only messages, spoken words, music, images, pictures, prints, or other communications, sounds, signs, or signals by wireless telegraphy and includes any part of such apparatus and any article primarily designed for use as part of such apparatus and not capable of being conveniently used for any other purpose;

the word “broadcast” means the transmitting, relaying, or distributing by wireless telegraphy of broadcast matter;

the expression “broadcasting station” means a building or other place fitted and equipped for broadcasting;

the expression “broadcast matter” means and includes any lectures, speeches, news, reports, advertisements, recitations, dramatic entertainments, and other spoken words and any music (whether vocal or instrumental) and other sounds approved by the Minister as suitable for being broadcasted from a broadcasting station maintained under this Act;

the expression “signalling station” means any fixed or not easily movable apparatus for signalling by means of visible signals or for signalling by means of audible signals.

Part I.

Wireless Telegraphy and Signalling.

Restrictions on possession of wireless telegraphy apparatus.

3.—(1) Subject to the exceptions hereinafter mentioned, no person shall keep or have in his possession anywhere in Saorstát Eireann or in any ship or aircraft to which this section applies any apparatus for wireless telegraphy save in so far as such keeping or possession is authorised by a licence granted under this Act and for the time being in force.

(2) No person having possession of apparatus for wireless telegraphy under a licence granted under this Act shall work or use such apparatus otherwise than in accordance with the terms and conditions subject to which such licence is by virtue of this Act deemed to have been granted.

(3) Every person who keeps, has in his possession, works, or uses any apparatus for wireless telegraphy in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds, together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues and also, in every case, forfeiture of all the apparatus in respect of which the offence was committed.

(4) Apparatus for wireless telegraphy affixed to a ship to which this section applies or kept in any such ship for the use or general purposes of the ship in contravention of this section shall, for the purposes of a prosecution under this section, be deemed to be kept by and in the possession of the master of such ship and also to be kept by and in the possession of the owner of such ship.

(5) Subject to the exceptions hereinafter mentioned this section applies to—

(a) every ship registered in Saorstát Eireann, and

(b) every unregistered ship or other vessel which is usually kept in or which frequents the waters (whether inland or territorial) of Saorstát Eireann, and

(c) every ship or vessel not coming within either of the foregoing paragraphs which is for the time being in the waters (whether inland or territorial) of Saorstát Eireann and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state, and

(d) every aircraft owned by a person who, in the case of an individual, has his usual place of residence in Saorstát Eireann or, in the case of an association, company, or other body (whether corporate or incorporate), has its principal office in Saorstát Eireann, and

(e) every aircraft not coming within the foregoing paragraph which is for the time being in or over Saorstát Eireann or the waters thereof and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state.

(6) This section shall not apply to any apparatus for wireless telegraphy kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, nor to any ship of war belonging to the Government of Saorstát Eireann or any other country or state.

(7) For the purposes of this section the expression “unregistered ship or other vessel” means a ship or other vessel which is not registered under the laws for the time being in force in relation to the registration of ships in Saorstát Eireann or any other country or state.

Restrictions on maintenance of signalling stations.

4.—(1) No person shall maintain a signalling station which is intended to be used or is capable of being used for the purpose of communication with ships at sea save in so far as such maintenance is authorised by a licence granted under this Act and for the time being in force.

(2) No person shall work or use any such signalling station as aforesaid the maintenance of which is not authorised by a licence granted under this Act and for the time being in force nor shall any person work or use any such signalling station in any manner contrary to the licence granted under this Act in respect thereof.

(3) Every person who maintains, works, or uses any such signalling station as aforesaid in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.

(4) Nothing in this section shall apply to any signalling station maintained under Lloyd’s Signal Station Act, 1888 or maintained by or under the control of the Minister for Industry and Commerce or the Commissioners of Irish Lights or any person having by law authority over local lighthouses, buoys, and beacons.

Grant of licences.

5.—(1) The Minister may, subject to the provisions of this Act and on payment of the prescribed fee (if any) grant to any person a licence to keep and have possession of apparatus for wireless telegraphy in any specified place in Saorstát Eireann or to keep and have possession of apparatus for wireless telegraphy in any specified ship or other vessel or aircraft or to maintain a signalling station at any place in Saorstát Eireann.

(2) Every licence granted under this Act shall be in such form, continue in force for such period, and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard thereto by regulations made by the Minister under this Act.

Regulations in regard to licences.

6.—(1) The Minister may by order make regulations prescribing in relation to all licences granted under this Act or any particular class or classes of such licences all or any of the matters following, that is to say:—

(a) the form of such licences,

(b) the period during which such licences continue in force,

(d) the circumstances and manner in which such licences may be suspended or revoked by the Minister,

(e) the terms and conditions to be observed by the holders of such licences and subject to which such licences are deemed to be granted,

(f) the fees to be paid on the grant or renewal of such licences and the time and manner at and in which such fees are to be paid,

(g) any other matter relating to such licences in respect of which it shall appear to the Minister to be necessary or desirable to make provision by regulations made under this section.

(2) Regulations made under this section may authorise and provide for the granting of a licence under this Act subject to special terms, conditions, and restrictions to any person who satisfies the Minister that he requires the licence solely for the purpose of conducting experiments in wireless telegraphy.

(3) No regulation shall be made under this section in relation to fees without the previous consent of the Minister for Finance.

(4) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which either such House has sat next after the regulation was laid before such Houses, pass a resolution annulling such regulation, such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

Obligation to furnish certain information.

7.—(1) The Minister may, if and whenever he thinks proper so to do, cause a special notice in writing (accompanied by or having annexed thereto a form of declaration) to be served by registered post on any person requiring such person within fourteen days after the service of the notice on him to state on the said form of declaration such one or more of the matters hereinafter mentioned as shall be specified in the notice and to sign and otherwise complete such declaration and to give the same or send the same by post to a specified officer of the Minister.

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he does or does not keep or has or has not in his possession any apparatus for wireless telegraphy,

(b) if he keeps or has in his possession any such apparatus, the nature of such apparatus and the place at which he keeps or has the same.

(d) if he has such a licence, the number, date, and office of issue of such licence,

(e) any other matter relating to wireless telegraphy,

(3) Every person on whom a special notice is duly served under this section shall within the time aforesaid duly and correctly complete in accordance with such notice and this section the form of declaration accompanying or annexed to such notice and give or send such declaration to the officer named in that behalf in such notice, and if any such person shall fail or neglect so to complete and give or send such declaration or shall make in such declaration any statement which is to his knowledge false or misleading he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

Issue of search warrants.

8.—(1) A Justice of the District Court may, upon the information on oath of an officer of the Minister or of a member of the Gárda Síochána that there is reasonable ground for believing that apparatus for wireless telegraphy is being kept or is being worked or used at any specified place or in any specified ship in contravention of any provision of this Act or any regulation made or condition imposed under this Act, grant to such officer of the Minister or (with the consent of the Minister) to such member of the Gárda Síochána (as the case may be) a search warrant which shall be expressed and shall operate to authorise the officer of the Minister or member of the Gárda Síochána to whom the same is granted to enter, and if need be by force, the place or ship named in the said information and there to search for apparatus for wireless telegraphy and to examine all such apparatus there found and to seize and take away all or any part of such apparatus which appears to such officer or member to be kept, worked or used in contravention of any provision of this Act or any regulation made or condition imposed under this Act.

(2) A search warrant granted under this section to an officer of the Minister may authorise or, if the Justice granting the same so thinks proper, require such officer to be accompanied by one or more members of the Gárda Síochána when making the search under the warrant.

Regulations as to wireless telegraphy in ships and aircraft.

9.—(1) The Minister may by order made after consultation with the Minister for Industry and Commerce make regulations in respect of all or any of the following matters, that is to say:—

(a) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes or class of ships registered in Saorstát Eireann to hold certificates of competency;

(b) requiring operators and other persons engaged in the working of apparatus for wireless telegraphy on all or any classes or class of aircraft owned in Saorstát Eireann to hold certificates of competency;

(c) the grant and renewal of such certificates of competency, the terms and conditions on which such certificates will be granted, and the qualifications to be possessed and the examinations and other tests to be undergone by persons to whom such certificates are granted;

(d) the duration, revocation and suspension of certificates of competency granted under the regulations;

(e) the validity, duration, renewal, revocation, and suspension of certificates of competency granted otherwise than under the regulations whether by the Minister or any other person and whether before or after the passing of this Act;

(f) subject to the sanction of the Minister for Finance, the fees to be charged for or in connection with the granting and renewal of any such certificates of competence as aforesaid and the collection and disposal of such fees;

(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered in Saorstát Eireann and, while they are in the territorial waters of Saorstát Eireann, ships registered outside Saorstát Eireann and unregistered ships and other vessels;

(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned in Saorstát Eireann and, while they are in or over Saorstát Eireann or the territorial waters thereof, aircraft not so owned;

(i) giving effect to and securing compliance with the provisions (save in so far as the same relate to ships to which this section and regulations made thereunder do not apply) of any international convention in relation to wireless telegraphy entered into by the Government of Saorstát Eireann.

(2) Regulations made under this Act may provide that a breach or contravention of any specified regulation shall be an offence triable summarily, and may prescribe the punishments which may be inflicted for any such breach or contravention but so that a maximum punishment only and no minimum punishment shall be so prescribed and that no such maximum punishment shall exceed a fine of ten pounds together with, in the case of a continuing breach or contravention, a fine of one pound for every day during which the breach or contravention is committed and, in any case, forfeiture of any certificate or apparatus in relation to which the breach or contravention is committed.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which either such House has sat next after the regulation was laid before such Houses, pass a resolution annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(4) For the purposes of this section an aircraft shall be deemed to be owned in Saorstát Eireann if but only if it is owned by a person who, in the case of an individual, has his usual place of residence in Saorstát Eirreann or, in the case of an association, company, or other body (whether corporate or unincorporate), has its principal office in Saorstát Eireann.

(5) Neither this section nor any regulation made thereunder shall apply to any ship to which the Merchant Shipping (Wireless Telegraphy) Act, 1919 applies.

Government control of wireless telegraphy, etc., in emergencies.

10.—(1) If at any time the Executive Council is of opinion that a national emergency has arisen of such character that it is expedient in the public interest that the Executive Council should have full control over the sending and receiving of messages, signals, and other communications by means of wireless telegraphy and of signalling stations capable of being used for communicating with ships at sea, the Executive Council may, if they so think fit, publish in the Iris Oifigiúil a notice declaring that such emergency has arisen.

(2) At any time during the continuance of any such emergency as aforesaid the Minister shall by order make such regulations as appear to the Executive Council to be necessary in the circumstances of such emergency with respect to the possession, sale, purchase, construction or use of apparatus for wireless telegraphy or for the generation and distribution of electro-magnetic radiation and of such signalling stations as aforesaid and apparatus for use therein.

(3) Regulations made under this section may provide that a breach or contravention of any specified regulation shall be an offence triable summarily and may prescribe the punishments which may be inflicted for any such breach or contravention but so that a maximum punishment only and no minimum punishment shall be so prescribed and that no such maximum punishment shall exceed a fine of fifty pounds or imprisonment for a term of six months together with, in the case of a continuing breach or contravention, a fine of five pounds for every day during which such breach or contravention is committed and, in any case, forfeiture of the apparatus or other article in respect of which the breach or contravention is committed.

(4) Regulations made under this section shall continue in force for so long only as the emergency during which they are made continues, save that such regulations shall be deemed to continue in force after the termination of such emergency so far as may be necessary for the trial under such regulations of persons accused of having committed during such emergency a breach or contravention of any such regulation and the punishment of such persons (if convicted) under and in accordance with such regulations.

(5) For the purposes of this section—

(a) every such emergency shall, unless continued or sooner terminated under this sub-section, terminate at the expiration of three months from the publication in the Iris Oifigiúil of the notice mentioned in sub-section (1) of this section or, when the emergency has been continued under this sub-section, at the expiration of three months from the publication in the Iris Oiftgiúil of the last notice of such continuance, and

(b) any such emergency may be terminated at any time by the publication by the Executive Council in the Iris Oifigiúil of a notice declaring that the emergency has terminated, and

(c) any such emergency may be continued by the publication by the Executive Council in the Iris Oifigiúil before the termination of the emergency of a notice declaring that the emergency still continues.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either such House shall, within twenty-one days on which that House has sat next after the regulation was laid before it, pass a resolution annulling such regulation such regulation shall be annulled accordingly but without prejudice to the validity of anything previously done under such regulation.

(7) No regulation which applies or relates to any ships to which the Merchant Shipping (Wireless Telegraphy) Act, 1919 applies shall be made by the Minister under this section without previous consultation with the Minister for Industry and Commerce.

Prohibition of certain classes of messages, etc.

11.—(1) No person shall send or attempt to send by wireless telegraphy from any place in Saorstát Eireann or any ship or other vessel in the inland or the territorial waters of Saorstát Eireann or any ship registered in Saorstát Eireann wherever such ship may be or any aircraft in or over Saorstát Eireann or the territorial waters thereof—

(a) any message or communication of an indecent, obscene, or offensive character, nor

(b) any message or communication subversive of public order, nor

(d) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.

(2) No person shall improperly divulge the purport of any message, communication, or signal sent or proposed to be sent by wireless telegraphy.

(3) Every person who sends or attempts to send or divulges the purport of any message, communication, or signal in contravention of this section shall be guilty of a misdemeanour and shall be liable on conviction thereof to imprisonment with or without hard labour for any term not exceeding twelve months.

(4) Whenever a person is charged before a justice of the District Court with having committed a misdemeanour under this section and the justice is of opinion that the facts proved against the person so charged constitute a minor offence fit to be tried summarily and the said person (inquiry having been made of him by the justice) does not object to be so tried, the justice may hear and determine the case summarily but shall not impose any greater penalty than a fine not exceeding ten pounds or, at his discretion, imprisonment for a term not exceeding one month, or both such fine and such imprisonment.

Restrictions on user of apparatus for wireless telegraphy.

12.—(1) It shall not be lawful for any person so to work or use any apparatus for wireless telegraphy that electro-magnetic radiation therefrom interferes with the working of or otherwise injuriously affects any apparatus for wireless telegraphy in respect of which a licence has been granted under this Act and is in force or any apparatus for wireless telegraphy lawfully maintained or worked without any such licence or any broadcasting station maintained under Part II. of this Act.

(2) Whenever the Minister is of opinion that a person is working or using any apparatus for wireless telegraphy in contravention of this section he may serve on or send by registered post to such person a notice requiring such person within a time (not being less than seven days) specified in the notice to take such steps (including where necessary the complete stoppage of the working or user of the apparatus) as shall be specified in the notice to terminate the interference or injurious affection which contravenes this section.

(3) Every person who works or uses any apparatus for wireless telegraphy in contravention of this section and, having been served with a notice under this section requiring him to terminate the interference or injurious affection which contravenes this section, does not within the time specified in that behalf in such notice terminate by the means specified in such notice or by some other means such interference or injurious affection shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.

(4) No notice shall be served under this section in respect of the working or using of apparatus for wireless telegraphy in contravention of this section in a ship to which the Merchant Shipping (Wireless Telegraphy) Act, 1919 applies without the previous consent of the Minister for Industry and Commerce.

(5) Nothing in this section shall operate to prejudice or affect any power or right vested in the Minister under or by virtue of the Telegraphy Acts, 1863 to 1921.

Prosecution of offences.

13.—All prosecutions under this Act in a court of summary jurisdiction shall be prosecuted at the suit of the Minister and not otherwise.

Offences committed in ships or aircraft.

14.—(1) For the purposes of sections 53 and 79 of the Courts of Justice Act, 1924 (No. 10 of 1924) and section 6 of the Courts of Justice Act, 1926 (No. 1 of 1926) any act which is by virtue of this Act or any regulation made thereunder a misdemeanour or an offence triable summarily shall, if committed in a ship, vessel, or aircraft, be deemed to have been committed in any place in which the accused person may be, and, if committed in a ship or vessel which was within the territorial waters of Saorstát Eireann when the act was committed or when the accused person was arrested, may be deemed to have been committed in the court district abutting on that portion of the said waters in which such ship was when the act was committed or the accused person was arrested, as the case may require.

(2) Whenever a fine is imposed under this Act by any court on a person who is the owner or the master of a ship or other vessel and such fine is imposed for an offence committed in respect of such ship or vessel, such fine may (without prejudice to any other method for the time being authorised by law) be levied by distress and sale of such ship or vessel, her tackle, furniture, and apparel.

Repeals and preservation of existing licences and payments.

15.—(1) The Wireless Telegraphy Act, 1904 and the Wireless Telegraphy Act, 1906 are hereby repealed.

(2) All licences for the possession of apparatus for wireless telegraphy which were granted under the said Acts hereby repealed and were in force at the passing of this Act shall, notwithstanding such repeal, continue in force for such time as they would have continued in force under the said Acts if this Act had not been passed, but all such licences shall for the purposes of this Act be deemed to have been granted under this Act and this Act shall apply to all such licences accordingly.

(3) No fee heretofore paid to the Minister in respect of a licence for the possession of apparatus for wireless telegraphy shall be recoverable on the ground that such fee was not legally chargeable.

Expenses.

16.—All expenses of carrying this Part of this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

Part II.

Broadcasting.

Maintenance of broadcasting stations by the Minister.

17.—(1) The Minister may, with the sanction of the Minister for Finance, acquire or establish such and so many broadcasting stations in such places in Saorstát Eireann as the Minister shall, with the sanction aforesaid, from time to time think proper.

(2) The Minister may, with the sanction of the Minister for Finance, maintain and work all broadcasting stations acquired or established by him under this section and there receive, transmit, relay, or distribute such broadcast matter as he shall think proper.

Charging of fees for broadcasting.

18.—(1) The Minister may, if he so thinks fit, charge fees for the distribution from a broadcasting station maintained under this Act of any class or classes of broadcast matter.

(2) The amount of the fees to be charged under this section shall be fixed by the Minister with the sanction of the Minister for Finance and all such fees shall be paid into or disposed for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.

Advisory committee.

19.—(1) As soon as may be after the passing of this Act the Minister shall establish by order an advisory committee to advise and assist him in the conduct of the broadcasting stations maintained by him under this Act and the selection and control of the broadcast matter distributed from such broadcasting stations.

(2) The said advisory committee shall consist of so many (not being less than five) members as the Minister for Posts and Telegraphs shall think proper and of such members one shall be nominated by the Minister for Education, and one shall be nominated by the Minister for Lands and Agriculture, and the remainder shall be nominated by the Minister for Posts and Telegraphs.

(3) Each member of the said advisory committee shall, unless he previously dies or resigns, retain his membership of the committee for two years from the date of his nomination and no longer but shall be eligible for re-nomination.

(4) The said advisory committee shall meet whenever summoned by the Minister and also on such other occasions as the committee may from time to time determine.

Expenses.

20.—All expenses of carrying this Part of this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

WIRELESS TELEGRAPHY ACT, 1972

AN ACT TO ENABLE THE MINISTER FOR POSTS AND TELEGRAPHS TO OBTAIN CERTAIN INFORMATION AS TO THE SALE AND HIRE OF TELEVISION RECEIVING SETS, TO ENABLE HIM TO PROHIBIT THE MANUFACTURE OR IMPORTATION OF CERTAIN APPARATUS FOR WIRELESS TELEGRAPHY AND TO MAKE CERTAIN DECLARATIONS IN RELATION TO THE ISSUE OF LICENCES FOR APPARATUS FOR WIRELESS TELEGRAPHY, TO AMEND AND EXTEND THE WIRELESS TELEGRAPHY ACTS, 1926 AND 1956, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd April, 1972]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“appointed day” means such day as the Minister may by order appoint under section 2 (4) of this Act;

“hire contract” means a contract for the letting of a television set on hire;

“hire-purchase agreement”, “credit-sale agreement”, “owner”, “seller”, and “buyer” have the meanings respectively assigned to them by section 1 of the Hire-Purchase Act, 1946 ;

“hirer” means—

(a) a person described in the definition of hirer in section 1 of the Hire-Purchase Act, 1946 , and

(b) a person with whom a hire contract is made by a television dealer;

“manufacture” includes construction by any method and the assembly of component parts;

“prescribed” means prescribed by regulations made by the Minister under section 15 of this Act;

“the Principal Act” means the Wireless Telegraphy Act, 1926 ;

“registered dealer” has the meaning assigned to it by section 2 (3) of this Act;

“television dealer” means a person who by way of trade or business—

(a) sells television sets by wholesale or by retail,

(b) lets such sets on hire or hire-purchase,

(d) engages in the collection of instalments or other payments of or towards the price or by way of rent in respect of the sale or letting of any television set, or

(e) holds himself out as willing to engage in any of the foregoing activities;

“television set” means any apparatus for wireless telegraphy designed primarily for the purpose of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.

(2) In this Act references to sale by retail include references to sale by credit-sale agreement but do not include references to sale by auction unless the auctioneer is selling as principal.

(3) For the purposes of this Act a television set is sold or let on hire or hire-purchase when the contract of sale or, as the case may be, the contract of hire or hire-purchase is made.

Registration of television dealers.

2.—(1) The Minister shall establish and maintain a register of television dealers.

(2) Subject to subsection (3) of this section, every person who is a television dealer on the appointed day or who subsequently becomes such a dealer shall, not later than thirty days after the appointed day, or, as the case may be, the date on which he becomes such a dealer, give to the Minister a notice in the prescribed form containing the following information—

(a) that person’s name, and

(b) the place or places where the records which he is required by this Act to keep will be kept and be available for inspection,

and the information shall be entered in the register established and maintained under subsection (1) of this section.

(3) If a person who has given a notice under subsection (2) of this section (in this Act referred to as a registered dealer) ceases to be a television dealer, or any change occurs in the matters with respect to which he has given information under this section, he shall give notice thereof to the Minister not later than thirty days after the date on which he so ceases or, as the case may be, the change in question, and the Minister shall cancel or alter, as may be appropriate, the entry in the register relating to that dealer.

(4) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.

Notification and recording of certain transactions.

3.—(1) Subject to subsections (2) and (3) of this section, every registered dealer required to give a notice under section 2 of this Act who after the expiration of the period within which he is required to give that notice—

(a) sells a television set by wholesale or by retail;

(b) lets a television set on a hire contract or on a hire-purchase agreement; or

shall, in relation to that sale or letting, give to the Minister a notice containing the particulars specified in Part I of the Schedule to this Act and make a record of the particulars specified in that Part, and the particulars shall be given to the Minister not later than—

(i) in case a time is specified in the said Schedule in relation to the particulars, that time, and

(ii) in any other case, the last day of the month which follows the month during which the sale or letting was made.

(2) Where a registered dealer sells or lets a television set to another registered dealer for sale or letting by that other dealer, the registered dealer who made the sale or letting shall not be required to comply with subsection (1) of this section but shall instead, in relation to the sale or letting, give to the Minister, not later than the last day of the month which follows the month during which the sale or letting was made, a notification of the name and address of the other registered dealer concerned and make a record of that name and address.

(3) Where pursuant to an arrangement of the kind specified in subsection (1) (c) of this section, a television set is sold or let by a registered dealer and subsection (1) of this section is required to be complied with as regards the sale or letting by the other dealer concerned—

(a) in relation to the sale or letting the registered dealer with whom the arrangement was made shall not be required to comply with subsection (1) of this section, and

(b) that registered dealer shall, unless all payments of or towards the price or by way of rent in respect of the sale or letting are to be received or collected on his behalf by the dealer who made the arrangement, in relation to the sale or letting, give to the Minister, within the time specified in subsection (2) of this section, a notification containing the particulars specified in Part II of the Schedule to this Act.

Notification of certain instalments and payments.

4.—(1) Every registered dealer shall, within such period (not being less than 90 days) immediately following his registration as the Minister shall fix by order, notify the Minister whether, by virtue of a credit-sale agreement, hire contract or hire-purchase agreement relating to the sale or letting of a television set and made on or before the day on which the period within which he is required under section 2 of this Act to give notice expires, any instalment of the price or payment of rent fell or will fall, as may be appropriate, to be paid on or after the aforementioned day.

(2) In case an instalment or payment mentioned in subsection (1) of this section fell or will fall to be paid in the manner mentioned in that subsection, the registered dealer shall, with respect to the contract or agreement to which the instalment or payment relates, in addition give to the Minister a notice containing the particulars specified in Part III of the Schedule to this Act, and the particulars shall be given to the Minister within—

(a) in case a time is specified in the said Schedule in relation to the particulars, that time, and

(b) in any other case, the period mentioned in the said subsection (1).

Notification concerning apparatus or equipment capable of radiating certain radio frequency power.

5.—For the purpose of facilitating the prompt detection of significant sources of interference with wireless telegraphy, the Minister may by order require any person who is in possession of any apparatus or equipment capable of radiating, in conditions specified in the order, radio frequency power equal to or greater than an amount so specified, to give to the Minister, within such period as shall be specified in the order, a notice containing the following information—

(a) that person’s name and address;

(b) descriptive particulars of the apparatus or equipment; and

Notifications and records generally.

6.—(1) Any notice to be given to the Minister under the foregoing provisions of this Act shall be in writing and be in the prescribed form (if any).

(2) Any record required by this Act to be made may be made either in the prescribed form (if any) or in any other form which enables the matters recorded to be readily ascertained by any person to whom the record is produced for inspection; and any matter required to be recorded by virtue of this Act shall be recorded by the person concerned—

(a) in case a time is specified in relation thereto in the Schedule to this Act, within that time, and

(b) in any other case, not later than the last day of the month which follows the month during which the relevant sale or letting was made.

(3) Any record required by this Act to be made by any person shall be kept at a place at which he carries on business and, unless he previously ceases to be a television dealer, shall be preserved by him—

(a) in case it relates to a sale and the sale price is not payable by instalments, for not less than twelve months from the date of the sale:

(b) in case it relates to a sale and the price is payable by instalments or to a letting, for twelve months from the date when the last instalment or payment of rent is due.

(4) The person having charge of any place where a record is kept under this section shall at any reasonable hour, if so required by an officer of the Minister duly authorised in that behalf by the Minister, produce the record for inspection.

(5) Any notification required to be given to the Minister by or under this Act may be given by sending it to him by registered post.

Restriction of manufacture or importation of certain apparatus.

7.—(1) Where it appears to the Minister to be expedient that the provisions of this section should, for the purpose of preventing or reducing the risk of interference with wireless telegraphy, or for such other purpose as the Minister shall specify, apply to any class or description of apparatus for wireless telegraphy, he may, with the consent of the Minister for Industry and Commerce, by order specify apparatus of that class or description for the purposes of this section.

(2) Subject to subsection (3) of this section, where any class or description of apparatus for wireless telegraphy is for the time being specified by an order under subsection (1) of this section—

(a) a person shall not sell, let on hire or manufacture, whether or not for sale, apparatus of that class or description, and

(b) a person shall not import apparatus of that class or description.

(3) An order under subsection (1) of this section may include provisions enabling the Minister—

(a) to grant licences exempting from the provisions of subsection (2) (a) of this section any apparatus for wireless telegraphy of a specified class or description which is manufactured in the State solely for export, and

(b) to issue any such licence subject to such terms and conditions (including terms and conditions as to sale) as may be specified in the licence.

(4) The Minister may by order revoke or amend an order under this section (including an order under this subsection).

Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.

8.—(1) For the purpose of conserving the radio frequency spectrum or avoiding undue interference with wireless telegraphy, the Minister may from time to time impose such special conditions mentioned in subsection (4) of this section as he shall think proper. When granting a licence under the Principal Act the Minister may declare that the licence is issued subject to compliance by the holder of the licence with any special conditions imposed under this section which apply to the apparatus for wireless telegraphy to which the licence relates and are in force at any time when the licence is in force. In case the Minister makes a declaration under this section in relation to a licence, he shall take such steps as are necessary to ensure that a copy of any special condition which is for the time being imposed under this subsection is available for inspection at all reasonable times by any person.

(2) Whenever the Minister imposes special conditions under this section, as soon as practicable he shall cause notice of that fact to be published in at least one daily newspaper published in the State and the notice shall contain a statement of the place where and the hours during which a copy of the special conditions may be inspected by any person.

(3) Whenever the Minister makes a declaration under this section, the licence to which the declaration relates, for so long as a special condition imposed under this subsection and relating to the relevant apparatus for wireless telegraphy remains in force, shall be deemed to be issued subject thereto.

(4) The conditions referred to in subsection (1) of this section are conditions (which may be restrictions) as to the installation, maintenance or use of apparatus for wireless telegraphy and such conditions may apply to a particular apparatus or to apparatus which is of a particular type or description.

(5) A prosecution for a contravention of or a failure to comply with the requirements of a special condition subject to which, by virtue of this section, a licence is deemed to have been granted shall not be brought against a person unless prior to the commission of the alleged offence—

(a) the Minister has given to the person notice in writing of the special condition to which the alleged offence relates, and

(b) the person has had a reasonable opportunity of complying with the requirements of the special condition.

Presumptions relating to offences under sections 3 and 7 of Principal Act.

9.—(1) In a prosecution for an offence under section 3 of the Principal Act in which it is shown that an apparatus for wireless telegraphy was in a particular premises on a particular day, it shall be presumed, until the contrary is shown by the defendant, that on that day the apparatus was in the possession of the person who was then the occupier of the premises.

(2) In a prosecution for an offence under the said section 3 in which it appears (whether by virtue of subsection (1) of this section or otherwise) that a person kept or had in his possession an apparatus for wireless telegraphy at the time to which the prosecution relates, it shall be presumed, until the contrary is shown by the defendant, that he did not at such time hold a licence under the Principal Act then having effect and licensing him to keep or have in his possession the apparatus to which the prosecution relates.

(3) In a prosecution for an offence under section 7 (3) of the Principal Act in which it is shown that a special notice has been sent by registered post it shall be presumed, until the contrary is shown by the defendant, that the person to whom the notice was so sent has not complied with the requirements of the said section 7 (3).

(4) In this section—

“occupier” in relation to premises, means a person who as owner, tenant or otherwise is in occupation, whether solely, jointly or severally, of the premises;

“premises” means land and includes a part of a building occupied as a separate dwelling, whether or not the occupier shares with any other person any portion thereof or any accommodation, amenity or facility in connection therewith.

Offences and penalties.

10.—(1) A person who—

(a) without reasonable cause or excuse, fails to comply with any of the requirements of section 2 , 3 or 4 of this Act or a requirement of an order under section 5 of this Act, or

(b) in purported compliance therewith—

(i) furnishes any information which to his knowledge is false in a material respect, or

(ii) makes or causes to be made or knowingly allows to be made any record which to his knowledge is false in a material respect,

shall be guilty of an offence under this subsection.

(2) A person who—

(a) sells, lets on hire or manufactures any apparatus for wireless telegraphy in contravention of section 7 of this Act,

(b) imports any such apparatus in contravention of the said section 7,

(c) contravenes or fails to comply with any term or condition subject to which a licence is granted to him by the Minister under the said section 7, or

(d) contravenes or fails to comply with any special condition subject to which, by virtue of section 8 of this Act, a licence is deemed to have been granted to him by the Minister under the Principal Act,

shall be guilty of an offence under this subsection.

(3) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding—

(a) in case the offence relates to a requirement of an order under the said section 5, twenty-five pounds, and

(b) in any other case, one hundred pounds.

(4) A person guilty of an offence under subsection (2) of this section shall be liable on summary conviction—

(a) in the case of a first such offence, to a fine not exceeding fifty pounds, and

(b) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,

and also, in every case, forfeiture of all the apparatus in respect of which the offence was committed.

(5) If a person is convicted of failing to comply with a requirement mentioned in subsection (1) of this section and the failure to comply with the requirement continues after the conviction, that person shall be guilty of a further offence of failing to comply with the requirement and shall be liable to be proceeded against and punished accordingly.

Amendment of section 3 of Principal Act.

11.—Section 3 of the Principal Act is hereby amended by—

(a) the substitution in subsection (2) of “instal, maintain, work or use” and “expressly, or is by virtue of this Act deemed to have been,” for “work or use” and “by virtue of this Act deemed to have been,” respectively.

(b) the substitution of the following for subsection (3):

“(3) Every person who keeps, has in his possession, instals, maintains, works or uses any apparatus in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof—

(a) in the case of a first such offence, to a fine not exceeding fifty pounds, and

(b) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,

and also, in every case, to forfeiture of the apparatus in respect of which the offence was committed.”, and

“(6) This section shall not apply to apparatus for wireless telegraphy which is—

(a) of a class or description for the time being declared by an order of the Minister (which may be revoked or amended by a further order) to be a class or description of apparatus for wireless telegraphy to which this section is not to apply,

(b) kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, or

Amendment of section 7 of Principal Act.

12.—Section 7 of the Principal Act is hereby amended by—

(a) the addition of the following paragraph to subsection (2):

“(f) any matter which the Minister may require for the purpose of clarifying particulars recorded or notified by the person in purported compliance with section 2 , 3 or 4 of the Wireless Telegraphy Act, 1972, or an order under section 5 of that Act.”, and

(b) the substitution of “fifty pounds” for “five pounds” in subsection (3).

Amendment of section 12A of Principal Act.

13.—Section 12A (3) of the Principal Act (inserted by section 34 of the Broadcasting Authority Act, 1960 ) is hereby amended by the substitution of “second. The references in this subsection to apparatus include references to apparatus for wireless telegraphy and references to any form of electric line.” for all the words from “second,” to the end of the subsection.

Amendment of Schedule.

14.—(1) The Minister may by order amend the Schedule to this Act.

(2) When an order under this section is proposed to be made, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.

Regulations generally.

15.—The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.

Laying of orders and regulations.

16.—The Minister shall cause every order, other than an order under section 14 of this Act, and regulation made under this Act to be laid before each House of the Oireachtas as soon as may be after being made and, if a resolution annulling the order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses of Minister.

17.—The expenses incurred by the Minister in the administration of this Act shall, to such extent, as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Short title, collective citation and construction.

18.—(1) This Act may be cited as the Wireless Telegraphy Act, 1972.

(2) The Wireless Telegraphy Acts, 1926 and 1956, the Broadcasting Authority Acts, 1960 to 1971, in so far as they amend those Acts, and this Act may be cited together as the Wireless Telegraphy Acts, 1926 to 1972.

(3) The Principal Act (as amended by the Wireless Telegraphy Act, 1956 , the Broadcasting Authority Act, 1960 , and the Broadcasting Authority Act, 1966) and this Act shall be construed together as one Act.

SCHEDULE

Notifications and Records

Sections 3 and 4 .

Part I

Particulars to be notified and recorded pursuant to section 3 (1).

1. The date of the sale or letting.

2. The name and address of the buyer or hirer.

3. The make and type of television set and in particular whether it is (a) designed for reception in colour, and (b) portable.

4. In the case of a sale, whether the price is payable by instalments and, in the case of a letting, whether it is a letting on hire or hire-purchase.

5. In the case of a credit sale or a letting, the name and address of the seller or owner and the name and address of any person who is to receive any payment or instalment of or towards the price or by way of rent in respect of the credit sale or the letting.

6. If the set has been or is to be installed by the registered dealer or another person to his order, the address of the premises at which it has been or is to be installed and the name of the occupier (if known) of those premises.

Within 30 days of the knowledge coming to the information of the registered dealer concerned.

7. In case the dealer is himself the seller or owner or such payments or instalments are to be received by the dealer or collected by him on behalf of the seller or owner, any change in the address of the buyer or hirer.

8. If after the date of the sale or letting any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address of of that other person.

Part II

Particulars to be notified pursuant to section 3 (3).

1. The date of the hire contract, hire-purchase agreement or credit-sale agreement, as the case may be.

2. The name and address of the buyer or hirer.

3. The name and address of the registered dealer who arranged the sale or letting.

Within 30 days of the information coming to the knowledge of the other registered dealer concerned.

4. Any change in the address of the buyer or hirer.

Part III

Particulars to be notified pursuant to section 4 (2).

1. The name and address of the buyer or hirer.

2. The date of the hire contract, credit-sale agreement or hire-purchase agreement, as the case may be.

3. If after the date of the sale or letting any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address that other person.

Within 30 days of the information coming to the knowledge of the registered dealer concerned.

4. Any change in the address of the buyer or hirer.

5. If after a notification pursuant to section 4 (2) of this Act has been given, any payments of or towards the price or by way of rent in respect of the sale or letting which would otherwise be received or collected by the dealer are to be received or collected by another person, the name and address of that other person.

BROADCASTING AND WIRELESS TELEGRAPHY ACT, 1988

AN ACT TO PROHIBIT BROADCASTING IN THE STATE SAVE UNDER AND IN ACCORDANCE WITH A LICENCE ISSUED BY THE MINISTER FOR COMMUNICATIONS AND TO AMEND AND EXTEND THE WIRELESS TELEGRAPHY ACTS, 1926 TO 1972, AND THE BROADCASTING (OFFENCES) ACT, 1968 , AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3rd July, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1926” means the Wireless Telegraphy Act, 1926 ;

“the Act of 1963” means the Copyright Act, 1963 ;

“the Act of 1968” means the Broadcasting (Offences) Act, 1968 ;

“the Act of 1972” means the Wireless Telegraphy Act, 1972 ;

“apparatus for wireless telegraphy” has the meaning assigned to it by virtue of section 2 (1) of this Act;

“artistic work” has the meaning assigned to it by section 9 of the Act of 1963;

“broadcast” means a broadcast by wireless telegraphy of communications, sounds, signs, visual images or signals, whether such communications, sounds, signs, visual images or signals are actually received or not;

“cinematograph film” means any sequence of visual images recorded (whether cinematographically or by means of any other process) on material of any description (whether translucent or not) so as to be capable, by the use of that material, of comprising, or being included in, a broadcast, and includes a video recording of any description;

“dramatic work” has the meaning assigned to it by section 2 (1) of the Act of 1963;

“literary work” includes any written table or compilation;

“the Minister” means the Minister for Communications;

“owner”, in relation to premises, means—

(a) a person, other than a mortgagee not in possession, who, whether in his own right or as a trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let, whether the interest of the person is held solely, jointly or severally, or

(b) a lessee or occupier, whether the lease is held or the occupier is in occupation solely, jointly or severally;

“premises” includes land not built on, land covered by water and a structure of any kind whether attached or affixed to the land or not;

“record”, except where the context otherwise requires, has the meaning assigned to it by section 2 (1) of the Act of 1963;

“supply” includes giving without payment;

“telecommunications service” means a telecommunications service described in section 87 (1) of the Postal and Telecommunications Services Act, 1983 ;

“vehicle” includes vessel.

“Apparatus for wireless telegraphy”, “wireless telegraphy” and “television set”.

2.—(1) Section 2 of the Act of 1926 is hereby amended by—

(a) the substitution for the definition of “apparatus for wireless telegraphy” therein contained of the following:

“‘apparatus for wireless telegraphy’ means apparatus capable of emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, electric, magnetic or electro-magnetic energy, of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus, and includes any part of such apparatus, or any article capable of being used as part of such apparatus, and also includes any other apparatus which is associated with, or electrically coupled to, apparatus capable of so emitting such energy”; and

(b) the substitution for the definition of “wireless telegraphy” (as amended by section 18 of the Broadcasting Authority (Amendment) Act, 1976 ) therein contained of the following:

“‘wireless telegraphy’ means the emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus.”.

(2) Section 1 (1) of the Act of 1972 is hereby amended by the substitution of “capable” for “designed primarily for the purpose” in the definition of “television set” contained therein, and the said definition, as so amended, is set out in the Table to this section.

TABLE

“Television set” means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus.

Control of broadcasting.

3.—(1) A broadcast shall not be made from any premises or vehicle in the State unless it is made pursuant to and in accordance with a licence issued by the Minister.

(2) Where a broadcast is made in contravention of subsection (1) of this section, each of the following shall be guilty of an offence:

(a) any person who is the owner of, or is in control or is concerned in the management of, any premises or vehicle from which the broadcast is made and who knowingly permits or suffers the broadcast to take place, and

(b) any person who operates, or assists in the operation of, the apparatus for wireless telegraphy by means of which the broadcast is made.

(3) Where in proceedings for an offence under this section it is proved that a broadcast took place from a particular premises or vehicle and that the defendant was, at the time of the alleged offence, the owner of, or in control or concerned in the management of, the premises or vehicle, then, unless there is sufficient other evidence to raise an issue as to whether the defendant knowingly permitted or suffered the broadcast to be made, he shall be treated as having so permitted or suffered the broadcast to be made.

(4) The provisions of subsection (1) of this section are in addition to those of sections 2 (1) and 3 (1) of the Act of 1968 and nothing in this section shall be construed as amending the said section 2 (1) or 3 (1).

Prohibition of acts facilitating broadcasting in contravention of section 3 .

4.—(1) A person who does any of the acts mentioned in subsection (2) of this section, while satisfying the condition as to knowledge or belief specified in relation to the act, shall be guilty of an offence.

(2) The acts, and the conditions as to knowledge or belief, referred to in subsection (1) of this section are the following:

(a) making available to another any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that broadcasts are to be made from it in contravention of section 3 (1) of this Act;

(b) having or keeping, or agreeing to have or to keep, apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that by means thereof broadcasts have been, are being or are to be made in contravention of the said section 3 (1);

(c) supplying any apparatus for wireless telegraphy for installation on or in, or installing any such apparatus on or in, any premises or vehicle or any other thing knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts are to be made in contravention of the said section 3 (1);

(d) repairing or maintaining any apparatus for wireless telegraphy knowing, or having reasonable cause to believe, that, by means of that apparatus, broadcasts have been, are being or are to be made in contravention of the said section 3 (1).

(3) Where in proceedings for an offence under this section it is proved that the defendant did an act mentioned in subsection (2) of this section and that in the particular circumstances of the case he ought to have had the knowledge specified in that subsection in relation to the act, then, unless there is sufficient other evidence to raise an issue as to whether the defendant had such knowledge at the relevant time, the act shall be treated as having been done by him with such knowledge.

(4) For the purposes of this section a broadcast shall be regarded as being made by means of an apparatus whether the broadcast is made by means of the apparatus alone or by means of the apparatus and other apparatus.

(5) In this section “apparatus for wireless telegraphy” has the same meaning as in section 2 of the Act of 1926, as amended by section 2 of this Act.

Prohibition of acts relating to matter broadcast in contravention of section 3 .

5.—(1) A person who does any of the acts mentioned in subsection (2) of this section, and, if any intent, knowledge or belief or circumstances is or are specified in relation to the act, does it with that intent, knowledge or belief or in those circumstances, shall be guilty of an offence.

(2) The acts, and, where relevant, the intent, knowledge, belief and circumstances, referred to in subsection (1) of this section are the following:

(a) supplying a cinematograph film or a record with intent that such film or the sound embodied in the record may comprise, or be included in, a broadcast made in contravention of section 3 (1) of this Act;

(b) making a literary, dramatic or musical work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(c) making an artistic work with intent that the work may comprise, or be included in, a broadcast made in contravention of the said section 3 (1);

(d) participating in a broadcast made in contravention of the said section 3 (1) whether as a director, producer or announcer or as the deliverer of a speech or otherwise;

(e) participating, whether as a director, producer or announcer or as the deliverer of a speech or otherwise, in the making of a cinematograph film or record made in the State knowing, or having reasonable cause to believe, that such film or record is to comprise, or to be included in, a broadcast made in contravention of the said section 3 (1);

(f) advertising by means of a broadcast made in contravention of the said section 3 (1), inviting another to advertise by means of a broadcast to be so made or making an advertisement with the intent that it may comprise, or be included in, a broadcast to be so made;

(g) publishing dates, times or programme schedules which relate to broadcasts which, if made, would be made in contravention of the said section 3 (1) or (otherwise than by publishing such particulars) publishing an advertisement of matter calculated to promote, directly or indirectly, the interests of a business whose activities consist of or include the operation of a station from which broadcasts are, or are to be, made in contravention of the said section 3 (1).

(3) (a) Where in proceedings for an offence under this section it is proved that, by means of a broadcast made in contravention of section 3 (1) of this Act, it was stated, suggested or implied that any matter which comprised, or was included in, the broadcast was supplied by, or given at the expense, whether wholly or partly, of the defendant, then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(b) Where in proceedings for an offence under this section it is proved that the defendant did an act mentioned in subsection (2) of this section and that in the particular circumstances of the case he ought to have had the knowledge specified in that subsection in relation to the act, then, unless there is sufficient other evidence to raise an issue as to whether the defendant had such knowledge at the relevant time, the act shall be treated as having been done by him with such knowledge.

(4) Where in proceedings for an offence under this section—

(a) it is proved that a broadcast was made in contravention of section 3 (1) of this Act and that the broadcast was wholly or partly comprised of an advertisement, and

(b) (i) there is produced in court anything which both—

(I) by reason of something printed thereon, or on a label attached thereto, purports to relate to the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates, and

(II) has something printed thereon, or on a label attached thereto, which is such as to seem to the court to be likely to be taken as an indication that the defendant prepares, manufactures, assembles, imports, provides, supplies, promotes, organises or is otherwise connected with the provision of the goods, service, accommodation, facility, entertainment or other event, or other thing, to which the advertisement relates,

(ii) there is contained in the advertisement a reference which, in the opinion of the court, is a reference to the defendant,

then, unless there is sufficient other evidence to raise an issue as to whether the defendant advertised by means of the broadcast, he shall be treated as having so advertised.

(5) In this section, “speech” has the meaning assigned to it by section 6 (6) of the Act of 1968.

Penalties and legal proceedings.

6.—(1) A person guilty of an offence under section 3 , 4 or 5 of this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding £1,000 or to both such imprisonment and such fine, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or, at the discretion of the court, to a fine not exceeding £20,000 or to both such fine and such imprisonment.

(2) (a) On conviction on indictment of a person for an offence under section 3 or section 4 of this Act in relation to a vehicle the court may, at its discretion, in addition to any punishment to which that person may be liable under subsection (1) of this section, order the vehicle to be forfeited.

(b) Where a vehicle is forfeited under this subsection, the Minister may direct that it be sold or otherwise disposed of in such manner as he thinks fit.

(3) Where an offence under section 3 , 4 or 5 of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against accordingly.

(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under section 3 , 4 or 5 of this Act may be instituted at any time within two years from the time when the offence was committed.

Prohibition notice.

7.—(1) (a) Where the Minister is of opinion that a broadcast has been made from any premises or vehicle in contravention of section 3 (1) of this Act, he may by a notice in writing (in this section referred to as a “prohibition notice”) addressed to and served on either or both of the following, namely, Bord Telecom Éireann and the Electricity Supply Board require the person to whom it is addressed to comply with the requirements of the notice.

(b) A person to whom a prohibition notice is addressed and on whom it is served shall, for so long as the notice is in operation, comply with the requirements of the notice.

(2) A prohibition notice shall—

(a) specify—

(i) the person or persons to whom it is addressed,

(ii) the premises from which the Minister is of opinion the broadcast to which it relates was made, and

(iii) the date or dates on which the Minister is of opinion such broadcast was made, and

(b) require a person to whom it is addressed, for so long as the notice is in operation, not to offer to provide, or provide or maintain, to a connection point in the premises specified in the notice,

(i) in case such a person is Bord Telecom Éireann, a telecommunications service,

(ii) in case such a person is the Electricity Supply Board, a supply of electricity.

(3) A person on whom a prohibition notice is served pursuant to subsection (1) of this section shall be immune from liability in respect of anything done or omitted to be done by that person in pursuance of the notice.

(4) Where a prohibition notice is served pursuant to subsection (1) of this section and a premises is specified in the notice, the Minister shall, as soon as may be, serve a copy of the notice on the occupier of the premises together with a statement that such occupier may, within the period of fourteen days beginning on the date of the notice, make representations to the Minister showing why the prohibition notice should not come into operation (which representations are hereby authorised to be made).

(5) Unless it is previously withdrawn, a prohibition notice shall come into operation on such day as the Minister shall determine (being a day not earlier than the day immediately following the expiration of the period of fourteen days referred to in subsection (4) of this section).

(6) When a prohibition notice comes into operation—

(a) it shall remain in operation until it is withdrawn, and

(b) for so long as it remains in operation, a person to whom the notice is addressed shall not offer to provide, or provide or maintain to a connection point in the premises specified in the notice a telecommunications service or a supply of electricity, as may be appropriate having regard to the terms of the notice.

(7) A notice or copy of a notice required to be served on a person by this section shall be served on him in some one of the following ways:

(a) where it is addressed to him by name, by leaving it at his registered or principal office or at his principal place of business,

(b) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides or at his registered or principal office, or at his principal place of business or, in a case in which an address for service has been furnished, at that address.

(8) Where a copy of a prohibition notice is required by this section to be served on an occupier of any premises and the name of the occupier cannot be ascertained by reasonable inquiry, it may be addressed to “the occupier” without naming him.

(9) For the purposes of this section, a company within the meaning of the Companies Act, 1963 , shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

Use of certain services to promote, further or facilitate certain interests an offence.

8.—Any person who—

(a) by using either a telecommunications service as regards which he is the subscriber or a supply of electricity supplied to him; or

(b) by enabling or permitting such a supply of electricity or such a telecommunications service to be used by another,

promotes, furthers or facilitates, directly or indirectly, the interests of a business whose activities consist of or include the operation of a station from which broadcasts are, or are to be, made in contravention of section 3 (1) of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

Production of licence granted under Act of 1926 required in certain circumstances.

9.—(1) Subject to subsection (2) of this section, a person shall not, pursuant to a sale or to an agreement to sell, let on hire or hire-purchase or otherwise to supply, deliver any apparatus for wireless telegraphy other than a television set which is of a particular class or description unless within the relevant period there has been produced by or on behalf of the purchaser, hirer, or the party to whom the apparatus is to be otherwise supplied, as may be appropriate, for inspection by the person making the delivery or by his agent, a licence granted under the Act of 1926 which—

(a) was issued to the purchaser or hirer, or the party so supplied, as may be appropriate, and

(b) relates to apparatus for wireless telegraphy which is of such class or description, and

(2) The Minister may by order exempt from the provisions of subsection (1) of this section apparatus for wireless telegraphy which is of a class or description specified in the order, and in case an order under this subsection is for the time being in force, subsection (1) of this section shall be construed and have effect subject to the terms of the order.

(3) In any proceedings in which a contravention of subsection (1) of this section is alleged it shall be a defence for the defendant to—

(a) prove that—

(i) the relevant purchaser, hirer or party supplied produced to the defendant or to his agent a document purporting to be the licence the production of which would have satisfied the requirements of the said subsection (1), and

(ii) such document was inspected by the defendant or by his agent, and

(iii) the defendant, or, in case the document was produced to his agent, his agent, reasonably believed the document to be such licence, and

(iv) the document was so produced within the period which would have been appropriate having regard to the said subsection (1), and

(b) satisfy the court that such belief was reasonable.

(4) Any person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,000,

(b) on conviction on indictment, to a fine not exceeding £20,000.

(5) In this section—

“the relevant period” means in relation to a delivery the period beginning on the day which is three days prior to the date on which the delivery is made and ending immediately before the making of the delivery;

“television set” has the meaning assigned to it by section 1 (1) of the Wireless Telegraphy Act, 1972 , as amended by section 2 (2) of this Act.

Notice of no sales etc.

10.—(1) In case during a particular month a television dealer—

(a) sells or lets no television set in a manner mentioned in paragraph (a) or (b) of section 3 (1) of the Act of 1972, or

(b) makes no arrangement described in paragraph (c) of the said section 3 (1),

he shall give to the Minister a notice in writing stating that during that month no such sale, letting or arrangement was made by him.

(2) (a) Where a notice is by this subsection required to be given to the Minister, the notice shall be so given not later than the last day of the month which follows the month to which the notice relates.

(b) Where a notice required by this section is given to the Minister, the person giving the notice shall make a record of the fact that such notice was given and of the date on which it was sent to the Minister and such record shall be kept by such person for a period of not less than twelve months, and for the purposes of subsection (4) of section 6 of the Act of 1972 the record shall be regarded as being kept under that section.

(3) A person who—

(a) without reasonable cause or excuse fails to comply with any of the requirements of subsection (1) or (2) of this section, or

(b) in purported compliance therewith:

(i) furnishes any information which to his knowledge is false in a material respect, or

(ii) makes or causes to be made or knowingly allows to be made any record which to his knowledge is false in a material respect,

shall be guilty of an offence under section 10 (1) of the Act of 1972.

Failure to comply with certain requirements under section 6 (4) of Act of 1972 an offence.

11.—Any person who without reasonable cause or excuse fails to comply with a requirement duly made under section 6 (4) of the Act of 1972, as extended by section 10 (2) (b) of this Act, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

Penalties for certain offences under Act of 1926 and Act of 1972 altered.

12.—(1) The Act of 1926 is hereby amended by—

(a) in section 3, the substitution of the following subsections for subsection (3):

“(3) (a) Every person who keeps, has in his possession, instals, maintains, works or uses any apparatus in contravention of this section shall be guilty of an offence and shall be liable—

(i) in case the apparatus in respect of which the offence was committed is a television set, on summary conviction thereof—

(I) in the case of a first such offence, to a fine not exceeding £500,

(II) in the case of a second or subsequent such offence, to a fine not exceeding £1,000,

(ii) in case the apparatus in respect of which the offence was committed is not a television set—

(I) on summary conviction to a fine not exceeding £1,000,

(II) on conviction on indictment to a fine not exceeding £20,000.

(b) In this subsection ‘television set’ has the meaning assigned to it by section 1 (1) of the Wireless Telegraphy Act, 1972 , as amended by section 2 (2) of the Broadcasting and Wireless Telegraphy Act, 1988.

(3A) (a) Where a person is convicted on indictment of an offence under this section, the interest of the person, whether as owner or otherwise, in the following apparatus shall stand forfeited as a statutory consequence of conviction:

(i) in case the apparatus in respect of which the offence was committed is a wired broadcast relay station, the part or parts thereof comprised in the station between the station’s initial point of reception of television programmes, sound programmes or television programmes and sound programmes, as the case may be, and the point at which such programmes are fed into the station’s trunk cable for conveyance by wire,

(ii) in case the apparatus in respect of which the offence was committed is not a wired broadcast relay station, the apparatus in respect of which the offence was committed.

(b) In this subsection—

‘service point’ means a point in a premises or part of a premises which is connected by wire to a wired broadcast relay station and to which television programmes, sound programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part;

‘wired broadcast relay station’ means wireless telegraphy apparatus capable of receiving television programmes, sound programmes or both television programmes and sound programmes by means of wireless telegraphy and then conveying the programmes by wire for reception on wireless telegraphy apparatus, and includes any aerials and the wires connected to any service point served by such station.

(3B) Where anything is, as a statutory consequence of conviction, forfeited under this section, the Minister may direct that such thing shall be destroyed or be sold or otherwise disposed of in such manner as he thinks fit.

(3C) Where the Minister, in pursuance of subsection (3B) of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.”;

(b) in section 7, the substitution for “fifty pounds” (inserted by section 12 of the Act of 1972) of “two hundred and fifty pounds” in subsection (3);

(i) the substitution of the following subsection for subsection (2):

“(2) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence,

(b) in relation to convictions on indictment for such an offence, provide that the court by whom the defendant is convicted may order the interest of the defendant, whether as owner or otherwise, in all or any apparatus in respect of or by means of which the court is satisfied a breach or contravention of a specified such regulation was committed to be forfeited.”; and

(ii) the insertion of the following subsection after subsection (5):

“(6) A person guilty of an offence by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (2) of this section, in regulations made under this section shall be liable—

(a) on summary conviction, to a fine of one thousand pounds together with, in the case of a continuing such breach or contravention, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for each day during which the offence is continued, and

(b) on conviction on indictment, to a fine of twenty thousand pounds together with, in the case of a continuing such breach or contravention, a further fine not exceeding two thousand pounds for each day during which the offence is continued.”;

(d) in section 10—

(i) the substitution of the following subsection for subsection (3):

“(3) Regulations made under this section may—

(a) provide that a breach or contravention of any specified such regulation shall be an offence,

(ii) the insertion of the following subsection after subsection (7):

“(8) A person guilty of an offence, by reason of a breach or contravention of a regulation specified, by virtue of paragraph (a) of subsection (3) of this section, in regulations made under this section, shall be liable—

(a) on summary conviction, to a fine of one thousand pounds, or, at the discretion of the court, to imprisonment for a term not exceeding six months, or, at such discretion, to both such fine and such imprisonment, together with, in the case of a continuing such breach or contravention, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for each day during which the offence is continued, and

(b) on conviction on indictment, to a fine of twenty thousand pounds, or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment, together with, in the case of a continuing such breach or contravention, a further fine not exceeding two thousand pounds for each day during which the offence is continued.”;

(e) the insertion of the following section after section 10:

“

Forfeiture of apparatus; supplementary provisions.

10A.—(1) A court shall not order anything to be forfeited pursuant to regulations under section 9 (2) or 10 (3) of this Act if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

(2) Where—

(a) a person is convicted on indictment of an offence under section 3 of this Act, or

(b) an order is made pursuant to regulations under section 9 (2) or 10 (3) of this Act,

the apparatus to which the forfeiture under the said section 3 or, as may be appropriate, the order relates shall be sold or disposed of in such other manner as the Minister thinks fit.

(3) Where the apparatus is sold pursuant to this section, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.”;

(f) in section 11, the substitution of the following subsection for subsections (3) and (4):

“(3) Every person who sends or attempts to send, or divulges the purport of, any message, communication or signal in contravention of this section shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding one thousand pounds, or, at the discretion of the court, to a term of imprisonment not exceeding six months, or, at such discretion, both to such fine and such imprisonment,

(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds, or, at the discretion of the court, to a term of imprisonment not exceeding twelve months, or, at such discretion, to both such fine and such imprisonment.”;

(g) in section 12, the substitution in subsection (3) for all the words from “liable on summary conviction” to the end of the subsection of the following:

“liable—

(a) on summary conviction, to a fine not exceeding one thousand pounds together with, in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued,

(b) on conviction on indictment, to a fine not exceeding twenty thousand pounds together with, in the case of a continuing offence, a further fine not exceeding two thousand pounds for every day during which the offence is continued.”;

(h) in section 12A (inserted by section 34 of the Broadcasting Authority Act, 1960 ), the substitution for subsection (12) of the following subsection:

“(12) A person guilty of an offence under this section shall be liable—

(i) in section 12B (inserted by the said section 34), the substitution for subsection (3) of the following subsection:

“(3) A person guilty of an offence under this section shall be liable—

and the said subsection (3) of the said section 7 and the said subsection (3) of the said section 12, as amended by this subsection, are set out in paragraphs 1 and 2, respectively, of the Table to this section.

(2) Section 10 of the Act of 1972 is hereby amended by—

(a) the substitution of “five hundred pounds” and “one thousand pounds” for “twenty-five pounds” and “one hundred pounds”, respectively, in subsection (3); and

(b) the substitution of the following subsection for subsection (4):

“(4) (a) (i) A person guilty of an offence under subsection (2) of this section shall be liable—

(I) on summary conviction to a fine not exceeding one thousand pounds,

(II) on conviction on indictment to a fine not exceeding twenty thousand pounds.

(ii) Where a person is convicted on indictment of an offence under subsection (2) of this section, the Court may, at its discretion, in addition to imposing any fine to which the person may be liable under this section, order that the interest of the person, whether as owner or otherwise, in any apparatus in relation to which the offence was committed be forfeited.

(b) A court shall not order any thing to be forfeited under paragraph (a) of this subsection if a person claiming to be the owner of or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.”;

and the said subsection (3), as amended by this subsection, is set out in paragraph 3 of the Table to this section.

(3) Section 4 (2) of the Criminal Justice Act, 1951, and section 13 (3) (b) of the Criminal Procedure Act, 1967 (which provide for maximum penalties under section 11 of the Act of 1926) are hereby repealed.

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1. (3) Every person on whom a special notice is duly served under this section shall within the time aforesaid duly and correctly complete in accordance with such notice and this section the form of declaration accompanying or annexed to such notice and give or send such declaration to the officer named in that behalf in such notice, and if any such person shall fail or neglect so to complete and give or send such declaration or shall make in such declaration any statement which is to his knowledge false or misleading he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding two hundred and fifty pounds.

2. (3) Every person who works or uses any apparatus for wireless telegraphy in contravention of this section and, having been served with a notice under this section requiring him to terminate the interference or injurious affection which contravenes this section, does not within the time specified in that behalf in such notice terminate by the means specified in such notice or by some other means such interference or injurious affection shall be guilty of an offence under this section and shall be liable—

(a) on summary conviction, to a fine not exceeding one thousand pounds, together with in the case of a continuing offence, a further fine (not exceeding one thousand pounds in all) not exceeding one hundred pounds for every day during which the offence is continued,

3. (3) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding—

(a) in case the offence relates to a requirement of an order under the said section 5, five hundred pounds, and

(b) in any other case, one thousand pounds.

Recovery of licence fees.

13.—Any sum due in respect of a fee prescribed under section 6 of the Act of 1926 shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

Prosecution of offences.

14.—Summary proceedings for an offence under this Act may be prosecuted by the Minister.

Onus of proof.

15.—In proceedings for an offence under this Act it shall not be necessary to negative by evidence the existence either of any order under section 9 (2) of this Act or of any licence to broadcast and accordingly the onus of proving the existence of such an order, or the issue of such a licence to the defendant, shall be on the defendant.

Subsections (1), (2) and (3) of section 3 of Act of 1926 applied to Bord Telecom Éireann (Irish Telecommunications Board).

16.—For the avoidance of doubt it is hereby declared that subsections (1), (2) and (3) of section 3 of the Act of 1926 apply to Bord Telecom Éireann (The Irish Telecommunications Board).

Amendment of sections 7 and 8 of Act of 1926.

17.—(1) Paragraph (b) of section 7 (2) of the Act of 1926 is hereby amended by the insertion of “, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him” after “the nature of such apparatus”, and the said paragraph (b), as so amended, is set out in the Table to this section.

(2) Section 8 (1) of the Act of 1926 is hereby amended by the insertion after “place” wherever that word occurs of “or in any specified vehicle” and by the insertion after the words “all or any part of such apparatus” of the words “or any such vehicle”.

(3) Section 8 of the Act of 1926 is hereby amended by the substitution of the following subsections for subsection (2):

“(2) A search warrant granted under this section shall operate to authorise any one or more of the following, namely, any member of the Garda Síochána or officer of the Minister or other person authorised by the person to whom the warrant is granted to accompany and assist him in the exercise of the powers thereby conferred on him.

(3) (a) An officer of the Minister may retain anything seized under this section which he believes to be evidence of any offence or suspected offence under the Wireless Telegraphy Acts, 1926 to 1988, or the Broadcasting (Offences) Acts, 1968 and 1988, for use as evidence in proceedings in relation to any such offence, for such period from the date of seizure as is reasonable, or, if proceedings are commenced in which the thing so seized is required for use in evidence, until the conclusion of the proceedings, and, subject to section 3 (3A) of the Act of 1926, inserted by section 12 (1) (a) of the Broadcasting and Wireless Telegraphy Act, 1988, thereafter the Minister shall, as soon as may be, deliver any such thing to the person who in his opinion is the owner thereof, and in case the Minister decides that he is unable to ascertain such person, then, on and from the date of his decision, the Act of 1897 shall apply to the thing so seized.

(b) Where, by virtue of paragraph (a) of this subsection, the Act of 1897 is applied to any thing, then, without prejudice to the right of any claimant of the thing to make an application under that Act in regard thereto, the Minister shall, as soon as may be, make such an application.

(c) For the purpose of giving effect to the foregoing paragraphs of this subsection the Act of 1897 shall be construed and have effect subject to any modification which is necessary to give such effect.

(d) In this subsection, ‘the Act of 1897’ means the Police (Property) Act, 1897 .

(4) (a) Any person who by act or omission impedes or obstructs an officer of the Minister or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant granted under this section shall be guilty of an offence.

(b) Any person who with intent to impede or obstruct an officer of the Minister or a member of the Garda Síochána or any other person in the exercise of a power conferred by a search warrant granted under this section places, erects, instals, keeps or maintains any thing shall be guilty of an offence and if, in the case of a continuing offence, the impediment or obstruction is continued after conviction, he shall be guilty of a further offence.

(c) Every person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding £500.”.

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(b) If he keeps or has in his possession any such apparatus, the nature of such apparatus, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him and the place at which he keeps or has the same.

Amendment of section 7 of Act of 1968.

18.—Subsection (1) of section 7 of the Act of 1968 is hereby amended by the substitution of “£1,000” and “£20,000” for “£100” and “£500”, respectively, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) A person guilty of an offence under this Act shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding three months or, at the discretion of the court, to a fine not exceeding £1,000 or to both such imprisonment and such fine, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or, at the discretion of the court, to a fine not exceeding £20,000 or to both such fine and such imprisonment.

Amendment of section 2 of Act of 1972.

19.—Section 2 of the Act of 1972 is hereby amended by the substitution of the following subsections for subsection (2):

“(2) A person shall not act as a television dealer unless, prior to his so acting, he has given to the Minister a notice in the prescribed form, or in a form to the like effect, containing the following information—

(a) the person’s name, and

(b) the place or places where the records which a television dealer is required by this Act to keep will be kept by him and be available for inspection,

and the information when received shall be entered in the register established and maintained under subsection (1) of this section.

(2A) In any proceedings in which a contravention of subsection (2) of this section is alleged, it shall be a defence for the defendant to prove—

(a) that, immediately before the commencement of the Broadcasting and Wireless Telegraphy Act, 1988, apart from sections 16 and 21 thereof, he was a television dealer,

(b) that he gave to the Minister, either before or after the commencement of that Act, the notice required to be so given by this section, and

(c) that such notice contained the information so referred to and was given by him to the Minister not later than thirty days after the defendant started to act as a television dealer.”.

Fees on application for licence.

20.—The Minister may by regulations prescribe the fee to be paid in respect of applications for licences or any class of licence under section 5 of the Act of 1926, subject to such exceptions as he may prescribe, and subsections (3) and (4) of section 6 of that Act shall apply to any such regulation.

Short title, commencement and collective citations.

21.—(1) This Act may be cited as the Broadcasting and Wireless Telegraphy Act, 1988.

(2) This Act, other than this section and section 16 , shall not come into operation before the expiry of one month beginning on the day on which it is passed, but subject to the foregoing it (apart from this section and section 16 ) shall come into operation on the 31st day of December, 1988, or on such earlier day as may be appointed by the Minister by order.

(3) (a) The Act of 1968 and this Act, other than sections 2 , 9 , 10 , 11 , 12 , 16 , 17 and 19 of this Act, may be cited together as the Broadcasting (Offences) Acts, 1968 and 1988.

(b) The Wireless Telegraphy Acts, 1926 to 1972, and sections 2 , 9 , 10 , 11 , 12 , 14 , 15 , 16 , 17 and 19 of this Act may be cited together as the Wireless Telegraphy Acts, 1926 to 1988.

S.I. No. 79/2003 –

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), transferred by section 4 of the Telecommunications (Miscellaneous Provisions Act, 1996 (No. 34 of 1996), and by section 9 (1) of the Communications Regulation Act 2002 (No. 20 of 2002) and with the consent of the Minister for Communications Marine and Natural Resources, pursuant to section 37 of the Communications Regulation Act 2002 and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( No. 300 of 2002 ) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( No. 307 of 2002 ), hereby makes the following Regulations

Citation

1. These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires:

“the Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

“the Act of 1972” means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);

“the Act of 1983” means the Postal and Telecommunications Services Act 1983 (No. 24 of 1983);

“the Act of 2002” means the Communications Regulation Act 2002 . (No. 20 of 2002);

“FWA” or “Fixed Wireless Access” means radio access for the provision of telecommunications services between a single base station at a fixed location and multiple subscriber terminal stations at fixed locations where the base station is connected to a telecommunications network;

“FWA apparatus” means apparatus for wireless telegraphy used for FWA consisting of a base station apparatus for wireless telegraphy at a specified fixed location and apparatus for wireless telegraphy at fixed locations to which subscriber terminal equipment at fixed locations is connected and which operates in the frequency bands designated by the Commission for the purpose of FWA and in relation to a licence, means apparatus to which the licence relates;

“FWA apparatus record” means a record maintained by a licensee pursuant to Regulation 12(1) (b) specifying the premises at which each part of an FWA apparatus is located;

“application” means an application to the Commission for the grant of a licence to which these Regulations apply;

“authorised officer” means a person appointed by the Commission in writing to be an authorised officer for the purposes of these Regulations;

“the Commission” means the Commission for Communications Regulation;

“functions” includes powers and duties and references to the performance of functions includes, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

“harmful interference” means interference with the working of or interference which otherwise injuriously affects any apparatus for wireless telegraphy in respect of which a licence has been granted under the 1926 Act and is in force or any apparatus for wireless telegraphy lawfully maintained or worked without any such licence or any broadcasting station maintained under Part II of the 1926 Act or under the Broadcasting Authority Act, 1960 ;

“insolvency related event” in respect of a licensee means any of the following:

(a) becoming insolvent or holding a meeting with or making a composition or arrangement with creditors or putting a proposal to creditors for a voluntary arrangement for a composition of debts or a scheme of arrangement or taking any preparatory steps in relation to any of the foregoing;

(b) having a receiver or similar official or other encumbrance take possession of or be appointed over or having any distress execution or other process levied or enforced on the whole or any substantial part of the assets of the licensee (and not discharged within 7 days);

(c) ceasing or threatening to cease to carry on business or becoming unable or being deemed to be unable to pay debts within the meaning of section 214 of the Companies Act, 1963 (No. 33 of 1963);

(d) having a petition presented or making any other form of application for bankruptcy or winding-up of the licensee or the appointment of an examiner or similar official to the licensee or any preparatory steps being taken in relation to any of them or convening a meeting or taking any preparatory or other steps to convene a meeting for the winding up, bankruptcy or dissolution of the licensee (other than for the purposes of a solvent amalgamation or reconstruction); and

(e) having any event analogous to any event referred to in paragraphs (a) to (d) occur under the laws of the jurisdiction under which the licensee is incorporated;

“licence” means a licence for Fixed Wireless Access apparatus as defined in the Regulations granted under section 5 of the Act of 1926, and cognate words shall be construed accordingly;

“licensee” means the holder of a licence for the time being in force;

“Licensing Regulations” means the European Communities (Telecommunications Licences) Regulations, 1998 ( S.I. No. 96 of 1998 ) as amended;

“minimum loading criteria” means criteria set down by the Commission to define the minimum usage of the frequency channel used by the FWA apparatus.

“telecommunications licence” means a licence under section 111 of the Act of 1983;

“terminal equipment” means a product enabling communication or a relevant component thereof which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks (that is to say, telecommunications networks used wholly or partly for the provision of publicly available telecommunications services);

(2) In these Regulations —

(a) a reference to a regulation or a Schedule is a reference to a regulation of or Schedule to these Regulations unless it is indicated that reference to some other enactment is intended;

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

(3) In these Regulations —

(a) a reference to an enactment shall be construed as a reference to the enactment as amended or extended by or under any subsequent enactment including these Regulations;

(b) a reference to a Directive of the European Parliament and of the Council shall be construed as a reference to that Directive as amended or extended by any subsequent Directive.

(4) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Regulations.

Licences to which these Regulations apply

3. These Regulations apply to licences granted under section 5 of the Act of 1926 to keep, have possession of, install, maintain, work and use Fixed Wireless Access Apparatus in accordance with the technical conditions in the First Schedule of these Regulations.

Limitation of licence

4. (1) For the avoidance of doubt, a licence does not grant to the licensee any right, interest or entitlement other than the right to keep, have possession of, install, maintain, work and use Fixed Wireless Access apparatus.

(2) Nothing in these Regulations shall absolve a licensee from any requirement in law to obtain any approvals, consents, licences permissions or authorities that may be necessary for the discharge of the obligations or the exercise of entitlements under the licence.

Applications for licences

5. (1) Any application for a licence to which these Regulations apply shall be in such form as may from time to time be specified by the Commission.

(2) An applicant for a licence shall, if so requested by the Commission furnish such information as the Commission may reasonably require for the purposes of assessing the application and the Commission may refuse to grant a licence to an applicant who fails or refuses to comply with the request made under this paragraph.

Addresses for notices

6. (1) Where a licensee is domiciled in the European Union (the “EU”), the licensee shall, on the grant of his or her licence, furnish in writing to the Commission the address and, where appropriate, fax number or e-mail address, or both, within the EU to which notices and other documents under these Regulations may be delivered to him or her or sent by or on behalf of the Commission by post or by any telecommunications service operated in accordance with the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), and shall, as occasion requires, so furnish any change in such address, fax number or e-mail address.

(2) Where a licensee is domiciled outside the EU, the licensee shall, on the grant of his or her licence, furnish in writing to the Commission an address in Ireland to which notices and other documents under these Regulations may be delivered to him or her or sent by or on behalf of the Commission by post or by any telecommunications service operated in accordance with the Postal and Telecommunications Services Act, 1983 , and shall, as occasion requires, so furnish any change in such address.

(3) A notice or document delivered, or sent by post or any such telecommunications service to any address, fax number or e-mail address furnished in accordance with paragraph (1) or (2) shall be deemed for the purposes of these Regulations to have been duly served by the Commission.

(4) Where the service of any notice or document is effected by fax in accordance with paragraph (1) of this Regulation, the service of such document shall, unless the contrary is proved, be deemed to have been effected at the time as which the sender’s fax system generates the message confirming successful transmission of the total number of pages of the notice or document.

Form of licence

7. A licence to which these Regulations apply shall be in the form specified in the First Schedule or in a form to the like effect or to the like effect with such variation, (whether by addition, deletion or alteration) as the Commission may, from time to time, determine in accordance with applicable national or EC law.

Continuance in force of licences

8. Subject to these Regulations, every licence shall, unless previously surrendered by the licensee, or unless or until it is revoked or renewed by the Commission, and subject to any suspension thereof, continue in force for such a period (not being more than one year) as may be specified in Part VII of the First Schedule of the licence beginning on the date of the grant of the licence.

Renewal of licences

9. (1) Subject to these Regulations, or any other law the Commission may renew a licence to which these Regulations apply.

(2) Any licence that is renewed under this Regulation shall, subject to this Regulation and unless previously surrendered by the licensee or unless or until it is revoked or subsequently renewed by the Commission, and subject to any suspension thereof, continue in force for such period (not being more than one year) beginning on the date of renewal of the licence as may be specified by the Commission in Part VII of the First Schedule of the licence as amended by the Commission.

(3) Any application or renewal of a licence shall be made at least 28 days before the date of expiration of the licence and shall be accompanied by—

(a) such a renewal fee as is specified in the Second Schedule,

(b) the FWA apparatus record, and

(c) such information as the Commission may reasonably require for the purpose of assessing the applications for renewal and ascertaining the operability of the FWA apparatus

(4) In considering whether to renew a licence under this Regulation, the Commission shall have particular regard to—

(a) whether the licensee complied with these Regulations and with any conditions attached to the expiring licence pursuant to these Regulations;

(b) the management and efficient use of radio spectrum;

(5) The granting or renewal of a licence shall not be construed as warranting that the licence shall be renewed at any time in the future

Licence fees

10. (1) The fees set out in the Second Schedule are hereby prescribed as the fees to be paid on the grant or renewal of a licence to which these Regulations apply for the purposes of section 6(1)(f) of the Act of 1926.

(2) Any fee paid on the grant or renewal of a licence pursuant to paragraph (1) shall not be refundable in the event of any surrender, revocation suspension or amendment of the licence.

(3) Fees shall be paid to the Commission for Communications Regulation by way of banker’s draft or such other means and on such terms (including terms as to the date and place of payment) as the Commission may decide. Where the date of payment falls on a Saturday, a Sunday or a public holiday payment shall be made on or before the last working day before the date of payment.

Licence and conditions

11. The following are the conditions to be observed by the holder of a licence to which these Regulations apply and subject to which any such licence is deemed to be granted:

(a) that the apparatus shall be used only for the purpose of the provision of the Service authorised by the licence under Section 111(2) or Section 111(3) of the Act of 1983;

(b) the apparatus to which the licence relates shall be used only on such radio frequency spectrum as may be specified in the licence and such radio frequency shall be used in an efficient manner;

(c) that the Licensee shall ensure that the Apparatus is not used in a manner that could infringe any privilege which is held by the Minister for Communications, Marine and Natural Resources under the Telegraph Act, 1869;

(d) the licensee shall ensure that all radio and telecommunications terminal equipment used on or associated with the Fixed Wireless Access network operated by the licensee for the purposes of the service are compliant with the standards set for such equipment by the European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations, 2001 ( S.I. No. 240 of 2001 ) and any other standards that may, from time to time, be specified by the European Union;

(e) the licensee shall not, save with the written prior consent of the Commission, assign his or her licence or any of the rights conferred by it or lease or let his or her licence or otherwise transfer to another person any benefit of the licence;

(f) the licensee shall comply with any loading criteria or roll-out plan that may be specified by the Commission in the licence;

(g) the licensee shall ensure that—

(i) non-ionising radiation emissions from the fixed wireless access apparatus operated by the licensee are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”) and that these comply with any radiation emission standards adopted and published by ICNIRP or its successors from time to time, any radiation emission standards of the European Committee for Electrotechnical Standards and any other radiation emission standards specified by law; and

(ii) the fixed wireless apparatus operated by the licensee is not installed or operated at a location in such a manner as to cause the aggregate of non-ionising radiation emissions to exceed the limits specified by the guidelines published by the ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP or its successors, from time to time any radiation emission standards of the European Committee for Electrotechnical Standards and any other radiation emissions standards specified by law;

(h) the licensee shall ensure that the fixed wireless access apparatus or any part thereof shall be installed, maintained, operated and used in such a manner as not to cause harmful interference and, in particular, to apparatus for wireless telegraphy used for the purpose of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend;

(i) the licensee shall ensure that the apparatus to which his or her licence relates is installed, maintained and operated in such a manner as to ensure that the safety of persons or property is not thereby endangered.

(j) the licensee shall, where—

(i) the Commission, or its authorised officer, is satisfied that the licensee has failed to comply with subparagraph (g) or (h) of this Regulation; and

(ii) serve on the licensee a notice, prohibiting the use, or as appropriate requiring that the use of such apparatus or part thereof, as may be specified in the notice, cease forthwith or on or before such date and time as may be so specified, and the licensee shall not use or, as appropriate, shall cease to use the apparatus to which the licence relates or part thereof unless and until such notice has been withdrawn by the Commission, or an authorised officer, and shall otherwise take such measures (if any) as may be specified by the Commission, or any authorised officer, in the notice;

(k) the licensee shall ensure that, save as may be required by law, access to, and use of, the apparatus to which the licence relates is restricted to the licensee, employees and agents of the licensee and persons authorised by or on behalf of the licensee;

(l) the licensee shall take all reasonable measures to prevent any message or information which the licensee is not authorised to receive from being received by the apparatus;

(m) if any message or information that a licensee is not authorised to receive is intentionally received by means of apparatus the licensee shall not—

(i) make known or allow to be made known its contents, origin destination or existence or the fact of its receipt, to any person other than an authorised person or

(ii) reproduce in writing or otherwise make use of, or copy such message or information or allow it to be reproduced in writing made use of or copied;

(n) the licensee shall—

upon becoming aware of any event likely to materially affect his or her ability to comply with these Regulations, or any conditions set out or referred to in the licence, notify the Commission of that fact;

(o) the licensee shall observe good site engineering practice in accordance with such guidelines as may be set out by the Commission from time to time in that regard.

Information and inspections

12. (1) A licensee shall—

(a) furnish to the Commission such information relating to the apparatus as the Commission may, from time to time, by notice in writing served on the licensee, require;

(b) keep for such period as the Commission may specify such records, including a record of the premises where any licensed apparatus, or part thereof, is located, as the Commission may from time to time, require the licensee to keep;

(d) upon becoming aware of the occurrence of any insolvency related event or, of any other event likely to materially affect his or her ability to comply with these Regulations, or any conditions set out or referred to in the licence, notify the Commission of that fact;

(e) within 28 days after the occurrence of any of the following events notify the Commission of such an occurrence:

(i) any change in the identity of the persons having control of the licence, or in a case where the licensee is a body corporate, in the identity of the directors of the licensee or of any body corporate having control of the licensee; and/or

(ii) any change in the identity of any persons having any interest in the licensee or in any body corporate having direct or indirect control of the licensee

such that a person or group of persons acting together—

(I) has acquired an interest of more than 20% on aggregate in the licensee; or

(II) having an interest of more than 20% on aggregate in the licensee, has increased or decreased that interest;

For the purposes of these Regulations, control means the power (whether directly or indirectly) to direct or cause to be directed the management policies, whether through ownership of voting rights, by contract or otherwise;

(f) (i) where the licensee is incorporated in the State:

(I) within 7 days after the date upon which it is required to be filed with the Registrar of Companies, pursuant to section 127 of the Companies Act, 1963 , furnish the Commission with a copy of the annual return of the licensee or of any person who controls the licensee;

(II) within 7 days of its circulation to the shareholders of the licensee, furnish the Commission with a copy of the annual report and accounts of the licensee or of any person who controls the licensee;

(ii) where the licensee is not incorporated in the State furnish the Commission with a copy of any returns reports, accounts, or other information required to be prepared by the licensee, or any person who controls the licensee, in accordance with any laws under which the licensee is incorporated or to which the licensee is subject or, at the request of the Commission, a document to the like effect of any of the documents referred to at subparagraph (i) at such times and in such forms as the Commission may, from time to time, specify in a notice served on the licensee in that regard;

(g) on request from an authorised officer, permit the authorised officer at all reasonable times to inspect any records which the Commission requires to be, or which are, kept by the licensee in connection with the apparatus;

(h) on request by an authorised officer, make available any test equipment or apparatus necessary to facilitate the testing by the authorised officer of the apparatus.

(2) (a) The Commission may arrange for an authorised officer to carry out an audit, or for the carrying out of an independent audit, or may require the licensee to carry out an audit, or to arrange for an independent audit, of any aspect of the licensee’s business relating to the operation of apparatus in order to ensure compliance with these Regulations or the licence; and the licensee shall allow the authorised officer, or any independent auditor, such access to any premises, equipment or any part of the apparatus, or to inspect, take copies of and acquire such information, as may reasonably be required for the purposes of carrying out the audit.

(b) Any costs associated with an independent audit conducted under this paragraph shall be the responsibility of the licensee.

(3) Any information furnished to the Commission under these Regulations or under and in accordance with the licence, may if the Commission considers it proper or appropriate so to do, be published by the Commission.

Amendment, revocation and suspension of licence

13. (1) The Commission may, in a proportionate manner, amend a licence where it is objectively justifiable.

(2) Without prejudice to paragraph (1) and Regulation 15, the Commission may, after serving notice on the licensee specifying reasons and after affording the licensee a reasonable opportunity to make representations and after having considered any such representations suspend or revoke a licence in any of the following circumstances:

(i) where the licensee fails or refuses to comply with any term or condition of the licence including any terms or conditions imposed by virtue of these Regulations;

(ii) where the licensee fails or refuses to comply with a direction of the Commission or hinders or obstructs an authorised officer in the performance of his or her functions;

(iii) where the licensee contravenes any provision of these Regulations;

(iv) where the application made by the licensee for the grant or renewal of the licence was false or misleading in any material respect;

(v) where, in the opinion of the Commission, such revocation or suspension is required for the purpose of complying with any law;

(vi) in case the licensee is an individual, where a receiving order for bankruptcy has been made in respect of the estate of the licensee;

(vii) in case the licensee is a company, within the meaning of the Companies Acts 1963 to 2001, where an order for its winding up has been made or a resolution for a voluntary winding up has been made or a resolution for a voluntary winding up (within the meaning of those Acts) has been passed by the company otherwise than for the purpose of a merger or solvent reconstruction, or a receiver of the property of the company has been appointed or an examiner to the company has been appointed or, if the licensee is not incorporated in the State or not registered under the Companies Acts 1963 to 2001, where it is subject to any equivalent procedure;

(viii) where the licensee notifies the Commission that he or she does not intend to use the apparatus to which the licence relates for a licensed purpose;

(ix) where the licensee agrees with the Commission that the licence ought to be revoked;

(x) where the licensee fails to use a licensed apparatus prior to the date of renewal, and for any period of more than 60 consecutive days after that date;

(xi) in case the licensee is a body corporate, where a change of which the licensee is required to notify the Commission under paragraph (e) of Regulation 12(1) occurs and that change is such that, if the Commission were determining whether to award a licence to the licensee in the changed circumstances the Commission would not award the licence to the licensee because of that change.

Harmful interference

14. Notwithstanding any other provision of these Regulations, the Commission or any authorised officer may, where he or she is of the opinion that apparatus to which the licence relates or part thereof, is causing, or is likely to cause harmful interference and, in particular, to apparatus for wireless telegraphy used for the purpose of any safety of life service or for any purpose on which the safety of life service or for any purpose in which the safety of any person or of any vessel, aircraft or vehicle may depend, serve on the licensee a notice prohibiting the use, or as appropriate requiring that the use of such apparatus or part thereof, as may be specified in the notice, cease forthwith or, on or before such date and time as may be so specified, and the licensee shall not use or, as appropriate, shall cease to use the apparatus to which the licence relates or part thereof, unless and until such notice has been withdrawn by the Commission, or an authorised officer, and shall otherwise take such measures (if any) as may be specified by the Commission, or any authorised officer, in the notice.

Directions and notices

15. (1) The licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Commission pursuant to these Regulations in respect of any matter which direction, requirement or notice is, in the opinion of the Commission, appropriate having regard to the functions of the Commission under these Regulations.

(2) Without prejudice to the generality of subparagraph (1), the licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Commission in respect of the use or the cessation of use of any frequency channel, or in respect of an amendment to any characteristics used in the operation of apparatus to which the licence relates, as particularised in Part III of the licence

Authorised officers

16. (1) The Commission may appoint such members of the staff of the Commission as it considers appropriate to be authorised officers to act for the purposes of these Regulations;

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by paragraph (3) shall if so requested by any person thereby affected produce such certificate to that person for inspection.

(3) For the purposes of the exercise by the Commission of its functions under these Regulations, an authorised officer may exercise the powers conferred on an authorised officer by section 39(3) of the Act of 2002.

FIRST SCHEDULE

Wireless Telegraphy Act, 1926

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003

Licence under section 5 of the Wireless Telegraph Act, 1926 , to keep, have possession of, install, maintain, work and use Fixed Wireless Access Apparatus

1. The Commission, in exercise of the powers conferred on it by section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996 and Section 9 (1) of the Communications Regulation Act 2002 (No. 20 of 2002) hereby grants to the licensee specified in Part I of this licence authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in Part III of the First Schedule of this licence and in accordance with the technical conditions described in Part IV of this First Schedule of this licence subject to the terms and conditions as set out in the Wireless Telegraphy (Fixed Wireless Access Local Area Licence Regulations, 2003 ( S.I. No. 79 of 2003 ) in particular, Regulations 11, 12 and 15 thereof

2. This licence shall commence on the date specified in Part VII and unless previously surrendered by the licensee or unless or until it is revoked or renewed by the Commission, and shall subject to any suspension thereof continue in force until the date specified in Part VII of the First Schedule as the termination date.

3. The licensee shall comply with the technical conditions set out in Part IV of this First Schedule and with any alterations or additions thereto notified to the licensee in writing by or on behalf of the Commission.

4. The licensee shall comply with the loading criteria set out in Part V of this First Schedule.

5. The licensee shall, by the dates specified in any roll-out plan set out in Part VI of this First Schedule install, work and put into use the Fixed Wireless Access apparatus.

PARTS

PART I

Licensee

PART II

Addresses for Notices

PART III

Description and Characteristics of Fixed Wireless Access Apparatus

PART IV

Technical Conditions for Fixed Wireless Access Apparatus

PART V

Minimum Loading Criteria, if applicable

PART VI

Roll-out Plan, if applicable

PART VII

Licence commencement and termination dates

SECOND SCHEDULE

Licence fees to be paid on grant of and on each renewal of a licence under these Regulations are as set out in the following table:

Required Bandwidth

Licence Fee (€)

Up to 7MHz

1500

Over 7MHz and up to 14MHz

2000

Over 14MHz and up to 28MHz

2800

Where a licence is granted for a portion of a year the licence fee to be paid by the licensee shall be calculated as follows:

A x (B/12) = C

Where A is the relevant annual licence fee set out in this Schedule; B is the number of whole months for which the licence is granted (if a licence is granted for a period of less than one month then, for the purpose of these calculations only the licence shall be considered as a licence granted for a period of one month); and C is the appropriate licence fee to be paid.

S.I. No. 338/2003 –

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations, 2003

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), transferred by section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), and by section 9 (1) of the Communications Regulation Act 2002 , (No. 20 of 2002) and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to section 37 of the Communications Regulation Act 2002 , and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( No. 300 of 2002 ) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( No. 307 of 2002 ) hereby makes the following Regulations:

Citation and Commencement

1. (1) These Regulations may be cited as the Wireless telegraphy (Fixed Wireless Point to Multi-point Access Licence) (Amendment) (no.2) Regulations, 2003.

(2) The Principal Regulations and these Regulations may be cited together as the Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence Regulations, 1999 to 2003 and shall be construed together as one.

(3) These Regulations come into operation on 25 July 2003

2. The Principal Regulations shall be amended by the deletion of Regulations 2 – 11 with the substitution of the following Regulations;.

“Interpretation

2. (1) In these Regulations, unless the context otherwise requires –

“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

“Act of 1972” means that Wireless Telegraphy Act, 1972 (No. 5 of 1972);

“Act of 2002” means the Communications Regulation Act, 2002 (No. 20 of 2002);

“Apparatus” means apparatus for wireless telegraphy operating in the frequency bands designated by the Commission for FWPMA using Radio Point to Multi-point Systems for the provision of a telecommunications access network and associated services and, in relation to a Licence, means apparatus to which the Licence relates;

“Application” means an application to the Commission for the grant of a Licence;

“Authorisation Regulations” mean European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. 306 of 2003);

“Authorised Officer” means a person appointed under Regulation 9 of these Regulations to be an authorised officer;

“Fixed Wireless Point to Multi-point Access”, or “FWPMA”, means Radio Point to Multi-point Systems operating between terminal equipment at fixed locations and base station(s) at fixed locations, and where such base station(s may be connected to a Telecommunications Network;

“FWPMA Network” means a network for the provision of FWPMA;

“Licence” means a licence under section 5 of the Act of 1926 to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;

“Licensee” means the holder of a Licence;

“Principal Regulations” means Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence) Regulations (S.I. 287 of 1999);

“Radio Point to Multi-point Systems” means radio systems operating at frequencies above 1 Gigahertz, in bands designated by the Commission for FWPMA, utilising techniques which allow the spectrum to be shared between multiple users, to provide communications between a fixed location and a number of fixed locations. Radio Point to Multi-point Systems do not include Point to Point Systems as defined in the Wireless Telegraphy (Radio Link Licence) Regulations, 1992 ( S.I. No. 319 of 1992 ) and

“Telecommunications Network” means the transmission equipment and where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means.

(2) In these Regulations, a reference to an enactment or regulation shall be construed as a reference to the enactment or regulation as amended or extended by or under any subsequent enactment or regulation.

(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

Licences to which these Regulations apply

3. These Regulations apply to a Licence to keep, have possession of, install, maintain work and use Apparatus for FWPMA.

Application for Licences and Form of Applications and Licences

4. (1) An Application for a Licence shall be made to the Commission and shall be in writing in such form as may be determined by the Commission.

(2) A person who makes an Application under paragraph (1) of this Regulation shall furnish to the Commission such information as the Commission may reasonably require for the purpose of its functions under these Regulations and, if the person, without reasonable cause, fails to comply with this paragraph, the Commission may, refuse to grant a Licence to the person.

(3) Subject to Regulation 7 of these Regulations, a Licence shall be in the form specified in the Schedule to these Regulations with such variation (if any) (whether by addition, deletion or alteration) as the Commission may determine from time to time or in any particular case.

Notification of change of address

5. Where the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change.

Duration and Renewal of Licences

6. (1) A Licence shall (unless it has been or is revoked) remain in force for the period of one year from the date on which it is expressed to come into operation and, unless renewed, shall then expire.

(2) Subject to paragraph (4) of this Regulation, and to the payment of the appropriate fees set out in Regulation 10, the Commission may, by notice in writing given to the Licensee or sent to the Licensee at the address specified by the Licensee, renew a Licence.

(3) A Licence that has been renewed shall (unless it has been revoked) remain in force for the period of one year from the day following the expiration of the immediate previous Licence, and unless renewed, shall then expire.

(4) Subject to the provisions of these Regulations, every Licence shall, unless previously surrendered by the Licensee, or unless or until it is revoked by the Commission, be renewable annually from the date of commencement specified in the Licence until the expiration of the period of 10 years after the date of commencement of the first Licence granted to the Licensee.

(5) The granting or renewal of a Licence shall not be construed as warranting that the Licence shall be renewed at any time in the future.

Conditions of Licences

7. It shall be a condition of a Licence:

1. that the Apparatus shall be used only for the purpose of the provision of the Authorised Services;

2. that the apparatus shall be used only on such radio frequency channels as may be specified in the Licence;

3. that the licensee shall not, without the consent of the commission (which shall not be unreasonabley withheld) assign the licence or any of the powers duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it;

4. that the Licensee shall ensure that non-ionising radiation emissions from each radio installation associated with the network operated by the Licensee for the purposes of the Service are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”). and that it complies with any radiation emission standards adopted and published from time to time by ICNIRP, any standards of the European Committee for Electrotechnical Standards and any standards which may from time to time be specified by the European Union and that an FWPMA network operated by the Licensee is not installed or operated at a location in a manner such as to be the cause of the aggregate non-ionising radiation emissions exceeding the limits specified by the guidelines published by the ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP or its successors from time to time, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and EC law;

5. that the licensee shall comply with all commitments and obligations contained in Schedule 4 of its Licence;

6. that the licensee will pay the fees set out in Regulation 10 of these Regulations and

7. that the Licensee complies with any special conditions imposed under section 8 of the Act of 1972 and subject to which this Licence is deemed by subsection (3) of that section to be issued.

Amendment, Revocation And Suspension

8. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. The Commission may amend the Licence in accordance with the Authorisation Regulations and any other requirements under applicable national or European Community law.

(2) Where the Commission is of the opinion that, in the interest of the efficient and orderly use of apparatus for wireless telegraphy or radio frequency spectrum, it is desirable to do so, it may amend the Licence in accordance with the Authorisation Regulations.

(3) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee, the Commission may, if it considers it appropriate to do so, amend the Licence by adding to, deleting from or altering the radio frequency spectrum specified in the Licence on which the Apparatus may be used, and that any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

Powers of Authorised Officers

9. (1) The Commission may appoint such members of the staff of the Commission as it considers appropriate to be authorised officers to act for the purposes of these Regulations

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by paragraph (3) shall if so requested by any person thereby affected, produce such certificate to that person for inspection.

Fees

10. (1) Subject to paragraph (2) of this Regulation, the following annual fees are hereby prescribed in relation to Licences for the purposes of section 6 of the Act of 1926:

(a) Where the Licence concerned relates to Apparatus used in the frequency bands 2.0-2.3 GHz, 3.4-3.6 GHz or 10.1- 10.7 GHz:

(i) a fee of €762 per MHz is payable on issue of the Licence;

(ii) a fee of €1,333 per MHz is payable on first renewal;

(iii) a fee of €1,905 per MHz is payable annually thereafter.

(b) Where the licence concerned related to Apparatus used in the frequency band 24.5-26.5GHz, a fee of €500 per MHz is payable on issue of the licence on each subsequent renewal thereafter.

(2) Where the Licence is granted for a portion of a year then the Licence fee to be paid by the Licensee shall be calculated as follows:

A × (B ÷ 12)=C

where A is the appropriate annual fee as set out in Regulation 9(1), B is the number of whole months for which the Licence is granted, and C is the appropriate Licence fee to be paid.

(3) Where a Licence is amended in accordance with Regulation 8(3), the appropriate fee specified in paragraph (1) of this Regulation in relation to the additional radio frequency spectrum shall be paid at the time of the amendment. If the Licence amendment is granted for a portion of a year then the additional Licence fee to be paid by the Licensee in respect of the additional spectrum during that period shall be calculated as follows:

A × (B ÷ 12)=C

where A is the appropriate annual fee, to be charged for the additional spectrum, as set out in Regulation 10(1), B is the number of whole months for which the Licence amendment is granted, and C is the appropriate Licence fee to be paid.

(4) Additional fees may be levied by the Commission in accordance with the provisions of the Authorisation Regulations

(5) The fee specified in this Regulation shall be paid to the Commission for Communications Regulation by way of banker’s draft or such other means and on such terms as the Commission may decide.

(6) Where a Licence is suspended or revoked, the Licensee shall not be entitled to any repayment of any part of the fee paid by the Licensee under this Regulation.

(7) An amount payable by a person in respect of a fee under this Regulation may be recovered by the Commission from the person as a simple contract debt in any court of competent jurisdiction

Licensee to satisfy all Legal Requirements.

11. Nothing in these Regulations shall absolve the Licensee from any requirement in law to obtain such additional consents, permissions, authorisations or licences as may be necessary for the provision of FWPMA and a FWPMA Network and for the exercise of his or her rights or discharge of his or her obligations under the Licence. The Licensee is responsible for all costs, expenses and other commitments (financial and non-financial) in respect of the Licence and the provision of FWPMA and a FWPMA Network and the Commission shall bear no responsibility for such costs, expenses or commitments.

WIRELESS TELEGRAPHY ACT, 1926 WIRELESS TELEGRAPHY (FIXED WIRELESS POINT TO MULTI-POINT ACCESS LICENCE) (Amendment) (No.2) REGULATIONS, 2003

Licence under section 5 of the Wireless Telegraphy Act, 1926 , to keep and have possession of apparatus for wireless telegraphy for the purpose of providing Fixed Wireless Point to Multi-point Access.

The Commission, in exercise of the powers conferred on it by section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) and Section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002) hereby grants to the licensee specified authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in the Second Schedule of this licence and subject to the terms and conditions as set out in the Wireless Telegraphy (Fixed Wireless Access Point to Multi-point Licence)(Amendment) (no. 2) Regulations, 2003 ( S.I. No. 338 of 2003 )

The Commission for Communication Regulation, hereby grants the following Licence to: _________________________ of ____________________________ / having its registered office at ______________________

1. The Licence shall come into operation on the ____ day of ____, ____, and unless previously revoked or renewed shall expire on the ____ day of _____, 20

2. The Licensee shall ensure that it complies with the Technical and Geographical conditions contained in Schedules 1 – 3 of this licence;

3. The Licensee shall ensure that it complies with all of the commitments contained within the Fourth Schedule of the Licence being made by the Licensee in the course of the comparative evaluation selection procedure;

Schedule One

The Apparatus.

Schedule Two

Portion of radio frequency spectrum on which the Apparatus is authorised by this Licence to be used.

Schedule Three

Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus

Schedule Four

Commitments which the Licensee made in the course of a competitive or comparative selection procedure.

Given under the official seal of the Commission for Communications Regulation

This 25 day of July 2003

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On behalf of the Commission for Communications Regulation

The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources

this 23rd day of July 2003

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Dermot Ahern, T.D.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide 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.

S.I. No. 530/2003 –

Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003

Citation

1. These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003.

2. These Regulations and the Principal regulations should be construed together.

Commencement Date

3. These Regulations shall come into force on 1 November 2003.

Interpretation

4. (1) In these Regulations -“the Principal Regulations” mean the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003 ( S.I. No. 79 of 2003 ).

(2) In these Regulations “the licence” mean the Wireless Telegraphy Fixed Wireless Access Local Area Licence as defined in Regulation 3 of the Principal Regulations.

(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.

Amendment of the Principal Regulations

5. The Principal Regulations are amended as follows:

(a) the insertion of a sub-paragraph (p) at Regulation 11,

“(p) that the licensee shall ensure that he or she complies with all the commitments contained within Part VIII of the licence, being commitments made by the licensee in the course of a comparative evaluation selection procedure”.

Amendment of the Licence

6 The licence is amended by the insertion of a condition 6;

“6. The licensee will comply with the commitments set out in Part VIII of this First Schedule.”

7 The licence is amended by the insertion of Part 8;

“Part VIII

Commitments which the licensee made in the course of a competitive or comparative evaluation process”

Given under the Official Seal of the Commission for Communications Regulation this …. 6th…………..day of ..November……… 2003.

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___________________

On behalf of The Commission for Communications Regulation

The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.

Given under the Official Seal of the Minister for Communications, Marine and Natural Resources

this ….. 5th……………day of .November…………… 2003.

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Dermot Ahern T.D.

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the amendment of the principal licences to keep and have possession of apparatus for wireless telegraphy for the purpose of using FWA for the provision of telecommunications access network and services on a local area per base station basis in order to ensure the enforceability of commitments made in the course of a comparative or competitive evaluation procedure.

S.I. No. 113/2005 –

Wireless Telegraphy (Research and Development Licence) Regulations, 2005

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and with regard to section 6 (2) of the Wireless Telegraphy Act, 1926 , transferred by section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), and by section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002) and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to section 37 of the Communications Regulation Act, 2002 and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order, 2002 (No. 300 of 2002) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order, 2002 (No. 307 of 2002) hereby makes the following Regulations:

Citation

1. (1) These Regulations may be cited as the Wireless Telegraphy (Research and Development Licence) Regulations, 2005;

(2) These Regulations will come into force on 1 March 2005.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires:

“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

“Act of 1972” means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);

“Act of 2002” means the Communications Regulation Act, 2002 (No. 20 of 2002);

“Apparatus” means apparatus for wireless telegraphy operating in specified frequency bands for the purpose of the provision of Research and Development;

“Authorised Officer” means a person appointed under Regulation 7 of these Regulations to be an authorised officer;

“Commission” means the Commission for Communications Regulation established under the act of 2002;

“Force majeure event” means any of the following:

(a) fire, flood, earthquake, elements of nature or act of god;

(b) riot, civil disorder or act of war; and

Research and Development” means the testing, developing, evaluation, improvement and/or advancement of new and novel applications and apparatus for wireless telegraphy at a fixed location as specified in the Licence;

“Licence” means a Licence under section 5 of the Act of 1926, to keep, have possession of, install, maintain, work and use Apparatus granted to the Licensee;

“Licensee” means the holder of a Licence.

(2) In these Regulations, a reference to an enactment or regulation may be construed as a reference to the enactment or regulation as amended or extended by or under any subsequent enactment or regulation.

(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.

Application for Licences and Form of Applications and Licences

3. (1) An Application for a Licence will be made to the Commission and shall be in writing in such form as may be determined by the Commission.

(2) A person who makes an Application under paragraph (1) of this Regulation shall furnish to the Commission such information as the Commission may reasonably require for the purpose of its functions under these Regulations and, if the person without reasonable cause, fails to comply with this paragraph, the Commission may refuse to grant a Licence to the person.

(3) The Commission may grant a Licence in accordance with section 5 and section 6(2) of the Act of 1926.

(4) Subject to Regulation 6 of these Regulations, a Licence shall be in the form specified in the Schedule to these Regulations with such variation (if any) (whether by addition deletion or alteration) as the Commission may determine from time to time or in any particular case.

Duration of Licences

4. (1) A Licence shall (unless it has been revoked) be in force for a maximum period of one year from the date on which it comes into operation and shall then expire.

(2) Where a licence expires under Paragraph 1 of this regulation the licensee may apply for a new licence in accordance with Regulation 3.

Conditions of Licences

5. It shall be a condition of a Licence that:

(1) the Licensee will ensure that it complies with the geographical and technical conditions contained within Parts 1 to 4 of the licence;

(2) the Licensee will ensure that it makes payments of the fees as outlined in Regulation 9 of these regulations;

(3) the Licensee shall not provide an electronic communications network or an electronic communications service to third parties using, directly or indirectly, apparatus licensed under these Regulations;

(4) where the Licensee uses apparatus for wireless telegraphy of a class or description set out in an order(s) under Section 3(6) of the Act of 1926 which provides an exemption from licensing, the Licensee shall use such apparatus in accordance with such orders;

(5) During major disasters the Licensee shall comply with any decisions, determinations requirements, specifications, notifications and directions issued by the Commission from time to time to ensure communications between emergency services and authorities and broadcasts to the general public;

(6) the Licensee may not, without the consent of the Commission (which shall not be unreasonably withheld) assign the Licence or any of the powers, duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it;

(7) the Licensee will ensure that non-ionising radiation emissions from each radio installation operated by the Licensee for the purposes of the Service are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”). and that it complies with any radiation emission standards adopted and published from time to time by ICNIRP, any standards of the European Committee for Electrotechnical Standards and any standards which may from time to time be specified by the European Union and that the wireless telegraphy apparatus operated by the Licensee is not installed or operated at a location in a manner such as to be the cause of the aggregate non-ionising radiation emissions exceeding the limits specified by the guidelines published by the ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP or its successors from time to time, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and EC law;

(8) if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change;

(9) the Licensee complies with any special conditions imposed under section 8 of the Act of 1972 and subject to which this Licence is deemed by subsection (3) of that section to be issued;

(10) the Licensee shall ensure that its licensed apparatus and parts thereof shall be designed, constructed, installed, maintained, operated and used so as not to cause harmful interference with the lawful use or operation of any electronic communications network or other authorised apparatus for wireless telegraphy;

(11) the Licensee shall comply with any decisions, determinations, requirements specifications, notifications and directions issued by the Commission from time to time regarding the maintenance of the integrity of the apparatus and in connection with spectrum management considerations or investigations by the Commission into cases of interference with the operation of electronic communications networks or other authorised apparatus for wireless telegraphy;

(12) the Licensee shall reimburse the Commission for any costs reasonably incurred in the investigation of harmful interference relating to the licensed apparatus;

(13) the Licensee complies with obligations under relevant international agreements relating to the use of apparatus or the frequencies to which they are assigned.

Withdrawal, amendment, revocation and suspension

6. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner.

(2) Where the Commission is of the opinion that, in the interest of the efficient and orderly use of apparatus for wireless telegraphy or radio frequency spectrum, it is desirable to do so, it may amend the licence in accordance with the Authorisation Regulations.

(3) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee, the Commission may, if it considers it appropriate to do so, amend the Licence by adding to, deleting from or altering the radio frequency spectrum specified in the Licence on which the Apparatus may be used. Any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

(4) The Commission may, where there is serious and continuous non-compliance with the terms of the licence and following representations, withdraw or suspend the licence.

Powers of Authorised Officers

7. (1) The Commission may appoint such members of the staff of the Commission as it considers appropriate to be authorised officers to act for the purposes of these Regulations.

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by paragraph (3) shall if so requested by any person thereby affected, produce such certificate to that person for inspection.

Fees

8. (1) Subject to the methods of payment set out in this Regulation, the fees set out in Regulations 9 are payable in respect of Licences granted by the Commission pursuant to section 5 of the Act of 1926.

(2) Fees shall be paid to the Commission of Communications Regulation by way of banker’s draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide;

(3) An amount payable by a person in respect of a fee under these Regulations may be recovered by the Commission from the person as a simple contract debt in any court of competent jurisdiction.

(4) If a Licence is amended, suspended or revoked, the Licensee shall not be entitled to be repaid any part of the fee paid by the Licensee under these Regulations but shall still be liable to pay any sums (including interest) outstanding.

(5) Where payment is not made in due time, then interest shall be payable by the licensee at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act, 1840 (1840 c.105), on the fee or part thereof in respect of the period between the date when such fee or part fell due and the date of payment of such fee or part.

Spectrum Fees

9. The following fees shall apply on the grant of a Licence subject to Regulation 3(3):

(1) Where the Licence relates to Apparatus for use for the purpose of Research and Development the Licensee shall pay €200 (two Hundred Euro) for a 12 month licence;

(2) If the Licence is granted for a portion of a year then the Licence fee to be paid by the Licensee shall be calculated as follows:

A × (B ÷ 12) = C

Where A is the appropriate annual fee, B is the number of whole months, or parts thereof, for which the Licence is granted and C is the appropriate Licence Fee to be paid.

(3) Notwithstanding Paragraph (2), the minimum licence fee will be €100.

Licensee to satisfy all Legal Requirements

10. Nothing in these Regulations shall absolve the Licensee from any requirement in law to obtain such additional consents, permissions, authorisations or licences as may be necessary for the provision the service and for the exercise of his or her rights or discharge of his or her obligations under the Licence. The Licensee is responsible for all costs, expenses and other commitments (financial and non-financial) in respect of the Licence and the provision of the service and the Commission shall bear no responsibility for such costs, expenses or commitments.

Force Majeure

11. If a force majeure event occurs, which prevents the Licensee from complying with any of the provisions of these Regulations or any of the conditions set out or referred to in the licence:

(1) the Licensee shall, as soon as reasonably practicable, notify the Commission of that fact, of the nature of the event and of the manner in which and the extent to which the licensee is prevented from so complying, and

(2) the obligation to comply with the provisions or conditions shall be suspended, for so long as the event continues to occur but in each case only if and to the extent that, the inability to comply could not have been prevented by taking steps specifically required under those provisions or conditions or by taking other reasonable precautions and the inability cannot reasonably be overcome by the Licensee.

Licences to which these Regulations apply

12. These Regulations apply to a licence to keep, have possession of, install, maintain, work and use apparatus and applications for wireless telegraphy for the purpose of Research and Development.

Schedule

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (Research and Development Licence) REGULATIONS, 2005

Licence under section 5 of the Wireless Telegraphy Act, 1926 , to keep, have possession of install, maintain, work and use apparatus for wireless telegraphy for the provision purpose of Research and Development.

The Commission, in exercise of the powers conferred on it by section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) and Section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002) hereby grants to the licensee specified authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in the Second Schedule of this licence and subject to the terms and conditions as set out in the Wireless Telegraphy (Research and Development Licence Regulations, 2005 (S.I. No. of 2005)

The Commission for Communications Regulation, grants the following Licence to: _____________________ of _________________________

1. This Licence will come into operation on the _____ day of _____, 20__, and will expire on the ______ day of ______, 20

2. The Licensee will ensure that it complies with the geographical and technical conditions contained within Parts 1 -4 to this Licence.

3. The Licensee will ensure that it makes payments of the fees as outlined in the Regulations.

Part 1

Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.

Part 2

The apparatus for wireless telegraphy to which this Licence applies

Part 3

Radio frequency channels on which the Apparatus is authorised by this Licence to be used

Part 4

Specific Provisions

GIVEN under the official seal of the Commission for Communications Regulation, this 1st day of March, 2005

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Isolde Goggin, Chairperson

For and on behalf of the Commission for Communications Regulation

The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources

this 25th day of February, 2005

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Noel Dempsey T.D.

Minister for Communications, Marine and Natural Resources

S.I. No. 114/2005 –

Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and with regard to section6(2) of the Wireless Telegraphy Act, 1926 , transferred by section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), and by section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002) and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to section 37 of the Communications Regulation Act, 2002 and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order, 2002 (No. 300 of 2002) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order, 2002 (No. 307 of 2002) hereby makes the following Regulations:

Citation

1. (1) These Regulations may be cited as the Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005.

(2) These Regulations will come into force on 1 March 2005.

Interpretation

2. (1) In these Regulations, unless the context otherwise requires:

“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

“Act of 1972” means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);

“Act of 2002” means the Communications Regulation Act, 2002 (No. 20 of 2002);

“Apparatus” means apparatus for wireless telegraphy operating in specified frequency bands for the purpose of the provision of a Third Party Trial Licence service;

“Authorisation Regulations” means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations, 2003 (S.I. 306 of 2003);

“Authorised Officer” means a person appointed under Regulation 7 of these Regulations to be an authorised officer;

“Authorised Undertaking” means an undertaking deemed authorised under Regulation 4 of S.I. 306 of 2003;

“Commission” means the Commission for Communications Regulation established under the act of 2002;

“Framework Regulations” means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations, 2003 (S.I. 307 of 2003);

“Force majeure event” means any of the following:

(a) fire, flood, earthquake, elements of nature or act of god;

(b) riot, civil disorder or act of war; and

“Licence” means a Licence under section 5 of the Act of 1926, to keep, have possession of, install, maintain, work and use Apparatus in a specified place in the State granted to the Authorised Undertaking;

“Licensee” means the holder of a Licence;

“Restricted Remuneration” means the amount which may be charged by the licensee to Third Party Participants for the provision of the Third Party Trial. The amount charged shall not be greater than the average cost of providing the Third Party Trial to Third Party Participants;

“Third Party Participants” means persons other than the licensee, its employees servants or agents who participate in the Third Party Trial;

“Third Party Trial” means the provision of an electronic communications network or an electronic communications service, usually for restricted remuneration to a limited number of Third Party Participants, as specified in the licence, for the purpose of testing applications and apparatus.

(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.

Application for Licences and Form of Applications and Licences

3. (1) An Application for a Licence will be made to the Commission and shall be in writing in such form as may be determined by the Commission.

(2) A person who makes an Application under paragraph (1) of this Regulation shall furnish to the Commission such information as the Commission may reasonably require for the purpose of its functions under these Regulations and, if the person without reasonable cause, fails to comply with this paragraph, the Commission may refuse to grant a Licence to the person.

(3) The Commission may grant a Licence in accordance with the provisions of Regulation 9 of the Authorisation Regulations.

Duration of Licences

4. (1) A Licence shall (unless it has been revoked) be in force for a maximum period of one year from the date on which it comes into operation and shall then expire.

(2) Where a licence expires under Paragraph 1 of this regulation the licensee may apply for a new licence in accordance with Regulation 3.

Conditions of Licences

5. It shall be a condition of a Licence that:

(1) the Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1 and 3 to the licence;

(2) the Licensee will ensure that it makes payments of the fees as outlined in Regulation 9 of these regulations;

(3) the Licensee may not, without the consent of the Commission (which shall not be unreasonably withheld) assign the Licence or any of the powers, duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it;

(4) the Licensee will ensure that non-ionising radiation emissions from each radio installation operated by the Licensee for the purposes of the Service are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”) and that it complies with any radiation emission standards adopted and published from time to time by ICNIRP, any standards of the European Committee for Electrotechnical Standards and any standards which may from time to time be specified by the European Union and that the wireless telegraphy apparatus operated by the Licensee is not installed or operated at a location in a manner such as to be the cause of the aggregate non-ionising radiation emissions exceeding the limits specified by the guidelines published by the ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP or its successors from time to time, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and EC law;

(6) if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change;

(7) the Licensee complies with any special conditions imposed under section 8 of the Act of 1972 and subject to which this Licence is deemed by subsection (3) of that section to be issued;

(8) the Licensee complies with obligations under relevant international agreements relating to the use of apparatus or the frequencies to which they are assigned;

(9) the Licensee shall reimburse the Commission for any costs reasonably incurred in the investigation of harmful interference relating to the licensed apparatus.

Withdrawal, amendment, revocation and suspension

6. (1) The Commission may amend or withdraw the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment or withdrawal shall be made subject to and in accordance with the Authorisation Regulations, and any other requirements under applicable national or European Community law.

(2) Where the Commission is of the opinion that, in the interest of the efficient and orderly use of apparatus for wireless telegraphy or radio frequency spectrum, it is desirable to do so, it may amend the licence in accordance with the Authorisation Regulations.

(3) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee the Commission may, if it considers it appropriate to do so, amend the Licence by adding to, deleting from or altering the radio frequency spectrum specified in the Licence on which the Apparatus may be used. Any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

(4) Without prejudice to paragraph (1) of this Regulation, where the Third Party Trial does not constitute an electronic communications network or an electronic communications service for the purpose of the Framework Regulations, the Commission may, where there is serious and continuous non-compliance with the terms of the licence and following representations, withdraw or suspend the licence.

Powers of Authorised Officers

7. (1) The Commission may appoint such members of the staff of the Commission as it considers appropriate to be authorised officers to act for the purposes of these Regulations.

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by paragraph (3) shall if so requested by any person thereby affected, produce such certificate to that person for inspection.

Fees

(3) An amount payable by a person in respect of a fee under these Regulations may be recovered by the Commission from the person as a simple contract debt in any court of competent jurisdiction.

(4) If a Licence is suspended or revoked, the Licensee shall not be entitled to be repaid any part of the fee paid by the Licensee under these Regulations but shall still be liable to pay any sums (including interest) outstanding.

Spectrum Fees

9. The following fees shall apply on the grant of a Licence subject to Regulation 3(3):

(1) Where the Licence relates to Apparatus for use for the provision of a Third Party Trial, the Licensee shall pay €500 (Five Hundred Euro) for a 12 month licence;

(2) If the Licence is granted for a portion of a year then the Licence fee to be paid by the Licensee shall be calculated as follows:

A × (B÷12) = C

Where A is the appropriate annual fee, B is the number of whole months, or parts thereof, for which the Licence is granted and C is the appropriate Licence Fee to be paid;

(3) Notwithstanding Paragraph (2), the minimum licence fee will be €100.

Licensee to satisfy all Legal Requirements

Force Majeure

11. If a force majeure event occurs which prevents the licensee from complying with any of the provisions of these Regulations or any of the conditions set out or referred to in the licence:

Licences to which these Regulations apply

12. These Regulations apply to a Licence to keep, have possession of, install, maintain, work and use apparatus and applications for wireless telegraphy for the purpose of a Third Party Trial.

Schedule

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (THIRD PARTY TRIAL LICENCE) REGULATIONS, 2005

Licence under section 5 of the Wireless Telegraphy Act, 1926 to keep, have possession of install, maintain, work and use apparatus for wireless telegraphy for the purpose of a Third Party Trial

The Commission, in exercise of the powers conferred on it by section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) and Section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002) hereby grants to the licensee specified authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in the Second Schedule of this licence and subject to the terms and conditions as set out in the Wireless Telegraphy (Third Party Trial Licence) Regulations 2005 (S.I. No. of 2005)

The Commission for Communications Regulation, grants the following Licence to: ________________________ of _____________________________

1. This Licence will come into operation on the ______ day of ______, 20__, and will expire on the _____ day of _____, 20 .

2. The Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1-3 to this Licence.

3. The Licensee will ensure that it makes payments of the fees as outlined in the Regulations.

4. The Licensee will ensure that the number of third party participants in limited to the number set out in Part 4 of this licence.

Part 1

Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.

Part 2

The apparatus for wireless telegraphy to which this Licence applies

Part 3

Radio frequency channels on which the Apparatus is authorised by this Licence to be used

Part 4

Number of third party of participants.

The number of third party participants shall not exceed.

GIVEN under the official seal of the Commission for Communications Regulation, this 1st day of March, 2005

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Isolde Goggin, Chairperson

For and on behalf of the Commission for Communications Regulation

The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources

this 25th day of February, 2005

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Noel Dempsey T.D.

Minister for Communications, Marine and Natural Resources

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the issue of Licences for apparatus for wireless telegraphy used solely for the purpose of Third Party Trials, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.