{"id":19311,"date":"2022-10-08T16:31:03","date_gmt":"2022-10-08T16:31:03","guid":{"rendered":"http:\/\/legalblog.ie\/?p=19311"},"modified":"2024-03-30T15:31:33","modified_gmt":"2024-03-30T15:31:33","slug":"broadcast-licensing","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/broadcast-licensing\/","title":{"rendered":"Wireless Licensing"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#Wireless_Telegraphy\" title=\"Wireless Telegraphy\">Wireless Telegraphy<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#ODTR\" title=\"ODTR\">ODTR<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#ComReg\" title=\"ComReg\">ComReg<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#Licensing\" title=\"Licensing\">Licensing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#ITU\" title=\"ITU\">ITU<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#Exemptions\" title=\"Exemptions\">Exemptions<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#GSM_EU_Coordination\" title=\"GSM EU Coordination\">GSM EU Coordination<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#Various_Licensing\" title=\"Various Licensing\">Various Licensing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/#Offences\" title=\"Offences\">Offences<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#WIRELESS_TELEGRAPHY_ACT_1926\" title=\"WIRELESS TELEGRAPHY ACT, 1926.\">WIRELESS TELEGRAPHY ACT, 1926.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Definitions\" title=\"Definitions.\">Definitions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_and_Signalling\" title=\"Wireless Telegraphy and Signalling.\">Wireless Telegraphy and Signalling.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Restrictions_on_possession_of_wireless_telegraphy_apparatus\" title=\"Restrictions on possession of wireless telegraphy apparatus.\">Restrictions on possession of wireless telegraphy apparatus.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Restrictions_on_maintenance_of_signalling_stations\" title=\"Restrictions on maintenance of signalling stations.\">Restrictions on maintenance of signalling stations.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Grant_of_licences\" title=\"Grant of licences.\">Grant of licences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Regulations_in_regard_to_licences\" title=\"Regulations in regard to licences.\">Regulations in regard to licences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Obligation_to_furnish_certain_information\" title=\"Obligation to furnish certain information.\">Obligation to furnish certain information.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Issue_of_search_warrants\" title=\"Issue of search warrants.\">Issue of search warrants.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Regulations_as_to_wireless_telegraphy_in_ships_and_aircraft\" title=\"Regulations as to wireless telegraphy in ships and aircraft.\">Regulations as to wireless telegraphy in ships and aircraft.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Government_control_of_wireless_telegraphy_etc_in_emergencies\" title=\"Government control of wireless telegraphy, etc., in emergencies.\">Government control of wireless telegraphy, etc., in emergencies.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prohibition_of_certain_classes_of_messages_etc\" title=\"Prohibition of certain classes of messages, etc.\">Prohibition of certain classes of messages, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Restrictions_on_user_of_apparatus_for_wireless_telegraphy\" title=\"Restrictions on user of apparatus for wireless telegraphy.\">Restrictions on user of apparatus for wireless telegraphy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prosecution_of_offences\" title=\"Prosecution of offences.\">Prosecution of offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Offences_committed_in_ships_or_aircraft\" title=\"Offences committed in ships or aircraft.\">Offences committed in ships or aircraft.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Broadcasting\" title=\"Broadcasting.\">Broadcasting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Maintenance_of_broadcasting_stations_by_the_Minister\" title=\"Maintenance of broadcasting stations by the Minister.\">Maintenance of broadcasting stations by the Minister.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Charging_of_fees_for_broadcasting\" title=\"Charging of fees for broadcasting.\">Charging of fees for broadcasting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Advisory_committee\" title=\"Advisory committee.\">Advisory committee.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#WIRELESS_TELEGRAPHY_ACT_1972\" title=\"WIRELESS TELEGRAPHY ACT, 1972\">WIRELESS TELEGRAPHY ACT, 1972<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-31\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Registration_of_television_dealers\" title=\"Registration of television dealers.\">Registration of television dealers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-32\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notification_and_recording_of_certain_transactions\" title=\"Notification and recording of certain transactions.\">Notification and recording of certain transactions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-33\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notification_of_certain_instalments_and_payments\" title=\"Notification of certain instalments and payments.\">Notification of certain instalments and payments.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-34\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notification_concerning_apparatus_or_equipment_capable_of_radiating_certain_radio_frequency_power\" title=\"Notification concerning apparatus or equipment capable of radiating certain radio frequency power.\">Notification concerning apparatus or equipment capable of radiating certain radio frequency power.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-35\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notifications_and_records_generally\" title=\"Notifications and records generally.\">Notifications and records generally.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-36\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Restriction_of_manufacture_or_importation_of_certain_apparatus\" title=\"Restriction of manufacture or importation of certain apparatus.\">Restriction of manufacture or importation of certain apparatus.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-37\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Conservation_of_radio_frequency_spectrum_and_avoidance_of_undue_interference_with_wireless_telegraphy\" title=\"Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.\">Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-38\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Presumptions_relating_to_offences_under_sections_3_and_7_of_Principal_Act\" title=\"Presumptions relating to offences under sections 3 and 7 of Principal Act.\">Presumptions relating to offences under sections 3 and 7 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-39\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Offences_and_penalties\" title=\"Offences and penalties.\">Offences and penalties.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-40\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_section_3_of_Principal_Act\" title=\"Amendment of section 3 of Principal Act.\">Amendment of section 3 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-41\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_section_7_of_Principal_Act\" title=\"Amendment of section 7 of Principal Act.\">Amendment of section 7 of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-42\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_section_12A_of_Principal_Act\" title=\"Amendment of section 12A of Principal Act.\">Amendment of section 12A of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-43\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_Schedule\" title=\"Amendment of Schedule.\">Amendment of Schedule.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-44\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notifications_and_Records\" title=\"Notifications and Records\">Notifications and Records<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-45\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#BROADCASTING_AND_WIRELESS_TELEGRAPHY_ACT_1988\" title=\"BROADCASTING AND WIRELESS TELEGRAPHY ACT, 1988\">BROADCASTING AND WIRELESS TELEGRAPHY ACT, 1988<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-46\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#%E2%80%9CApparatus_for_wireless_telegraphy%E2%80%9D_%E2%80%9Cwireless_telegraphy%E2%80%9D_and_%E2%80%9Ctelevision_set%E2%80%9D\" title=\"\u201cApparatus for wireless telegraphy\u201d, \u201cwireless telegraphy\u201d and \u201ctelevision set\u201d.\">\u201cApparatus for wireless telegraphy\u201d, \u201cwireless telegraphy\u201d and \u201ctelevision set\u201d.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-47\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Control_of_broadcasting\" title=\"Control of broadcasting.\">Control of broadcasting.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-48\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prohibition_of_acts_facilitating_broadcasting_in_contravention_of_section_3\" title=\"Prohibition of acts facilitating broadcasting in contravention of section 3 .\">Prohibition of acts facilitating broadcasting in contravention of section 3 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-49\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prohibition_of_acts_relating_to_matter_broadcast_in_contravention_of_section_3\" title=\"Prohibition of acts relating to matter broadcast in contravention of section 3 .\">Prohibition of acts relating to matter broadcast in contravention of section 3 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-50\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Penalties_and_legal_proceedings\" title=\"Penalties and legal proceedings.\">Penalties and legal proceedings.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-51\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prohibition_notice\" title=\"Prohibition notice.\">Prohibition notice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-52\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Use_of_certain_services_to_promote_further_or_facilitate_certain_interests_an_offence\" title=\"Use of certain services to promote, further or facilitate certain interests an offence.\">Use of certain services to promote, further or facilitate certain interests an offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-53\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Production_of_licence_granted_under_Act_of_1926_required_in_certain_circumstances\" title=\"Production of licence granted under Act of 1926 required in certain circumstances.\">Production of licence granted under Act of 1926 required in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-54\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Notice_of_no_sales_etc\" title=\"Notice of no sales etc.\">Notice of no sales etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-55\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Failure_to_comply_with_certain_requirements_under_section_6_4_of_Act_of_1972_an_offence\" title=\"Failure to comply with certain requirements under section 6 (4) of Act of 1972 an offence.\">Failure to comply with certain requirements under section 6 (4) of Act of 1972 an offence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-56\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Penalties_for_certain_offences_under_Act_of_1926_and_Act_of_1972_altered\" title=\"Penalties for certain offences under Act of 1926 and Act of 1972 altered.\">Penalties for certain offences under Act of 1926 and Act of 1972 altered.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-57\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Forfeiture_of_apparatus_supplementary_provisions\" title=\"Forfeiture of apparatus; supplementary provisions.\">Forfeiture of apparatus; supplementary provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-58\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Prosecution_of_offences-2\" title=\"Prosecution of offences.\">Prosecution of offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-59\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Onus_of_proof\" title=\"Onus of proof.\">Onus of proof.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-60\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_sections_7_and_8_of_Act_of_1926\" title=\"Amendment of sections 7 and 8 of Act of 1926.\">Amendment of sections 7 and 8 of Act of 1926.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-61\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Amendment_of_section_2_of_Act_of_1972\" title=\"Amendment of section 2 of Act of 1972.\">Amendment of section 2 of Act of 1972.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-62\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Fees_on_application_for_licence\" title=\"Fees on application for licence.\">Fees on application for licence.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-63\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Fixed_Wireless_Access_Local_Area_Licence_Regulations_2003\" title=\"Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003\">Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-64\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Fixed_Wireless_Point_To_Multi-Point_Access_Licence_Amendment_No_2_Regulations_2003\" title=\"Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations, 2003\">Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations, 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-65\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-66\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Fixed_Wireless_Access_Local_Area_Licence_Amendment_Regulations_2003\" title=\"Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003\">Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-67\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-2\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-68\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Research_and_Development_Licence_Regulations_2005\" title=\"Wireless Telegraphy (Research and Development Licence) Regulations, 2005\">Wireless Telegraphy (Research and Development Licence) Regulations, 2005<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-69\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Third_Party_Trial_Licence_Regulations_2005\" title=\"Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005\">Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-70\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#WIRELESS_TELEGRAPHY_THIRD_PARTY_TRIAL_LICENCE_REGULATIONS_2005\" title=\"WIRELESS TELEGRAPHY (THIRD PARTY TRIAL LICENCE) REGULATIONS, 2005\">WIRELESS TELEGRAPHY (THIRD PARTY TRIAL LICENCE) REGULATIONS, 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-71\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-3\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-72\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Third_Party_Trial_Licence_Regulations_2005-2\" title=\"Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005\">Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-73\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-4\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-74\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Gsm_Mobile_Telephony_Licence_Amendment_Regulations_2003\" title=\"Wireless Telegraphy (Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003\">Wireless Telegraphy (Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-75\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-5\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-76\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Third_Generation_and_Gsm_Mobile_Telephony_Licence_Amendment_Regulations_2003\" title=\"Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003\">Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-77\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Uhf_Television_Programme_Retransmission_Regulations_1999\" title=\"Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations, 1999.\">Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations, 1999.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-78\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-6\" title=\"EXPLANATORY NOTE.\">EXPLANATORY NOTE.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-79\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Uhf_Television_Programme_Retransmission_Amendment_Regulations_2003\" title=\"Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2003\">Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-80\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-7\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-81\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Multipoint_Microwave_Distribution_System_Regulations_2003\" title=\"Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003.\">Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003.<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-82\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-8\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-83\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#Wireless_Telegraphy_Carrigaline_Uhf_Television_Programme_Retransmission_Amendment_Regulations_2003\" title=\"Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2003\">Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2003<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-84\" href=\"https:\/\/legalblog.ie\/broadcast-licensing\/2\/#EXPLANATORY_NOTE-9\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Wireless_Telegraphy\"><\/span>Wireless Telegraphy<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Wireless Telegraphy Acts date back to the turn of the 20<sup>th<\/sup> century.\u00a0 The Wireless Telegraphy Act 1926 has been amended on numerous \u00a0occasions.<\/p>\n<p>The Wireless and Telegraphy Acts provide a general system of licensing of wireless telegraphy broadcasting and receiving equipment. Wireless Telegraphy means the emission receiving or emitting or receiving only over paths which are not provided by any material substance, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz whether such energy serves the conveying of communications, sounds, visual images or signals or the actuation or control of machinery or apparatus.<\/p>\n<p>Apparatus for wireless telegraphy includes all equipment and apparatus for emitting and receiving the same and\/or emitting or receiving the same only. A television set is any electronic apparatus capable of receiving and exhibiting television broadcast services, broadcasts for general reception, and any software or assembly comprising such apparatus or other apparatus.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ODTR\"><\/span>ODTR<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Telecommunications (Miscellaneous Provisions) Act 1996 provided for the establishment of the Office of Director of Telecommunication Regulation. The functions were transferred from the Minister for Communication who dealt with regulation of telecommunication carrier service radio communications and cable television. The regulator could regulate tariff for certain services.<\/p>\n<p>The ODTR was also responsible for the \u00a0regulation and management of the radio frequency spectrum under \u00a0the Wireless Telegraphy Act. The Minister retain power to prepare a plan for management and regulation of the\u00a0 frequency spectrum with power to give policy directions based on frequency management. Certain regulations by the director require the consent of the Minister.<\/p>\n<p>The ODTR was independent in the exercise of its functions. The regulator was levied financed by levies on telecommunication service providers and certain licence fees under the transferred regulation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ComReg\"><\/span>ComReg<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Communications Regulation Act 2002 replace the Office of the Director of Telecommunications Regulation with the Commission for Communications Regulation commonly known as ComReg. The Commission comprises a three person executive panel in place of a single regulator.<\/p>\n<p>The legislation updated the framework for the development of electronic communications infrastructure including sharing of strategic national infrastructure. The Commission is obliged to ensure compliance with by regulated undertaking to its obligation in relation to access to and supply of electronic communication services network facilities and to manage the radio frequency spectrum.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Licensing\"><\/span>Licensing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Wireless and Telegraphy Acts applies in principle, subject to exemptions to both \u00a0equipment for the receipt of broadcasts and \u00a0to \u00a0broadcasting equipment.Generally, a person may not have in his possession any apparatus for wireless telegraphy unless authorised by and licenced under the Acts. He may only use or work the apparatus in accordance with the conditions of the licence.<\/p>\n<p>Failure to have the requisite licence is an offence punishable on summary conviction in the District Court but with a further fine on the basis of each day the offence continues. The legislation contains powers to investigate the possession of wireless telegraphy apparatus, issue of search warrants etc.<\/p>\n<p>The operation and maintenance of a signalling station broadcasting require consent and licence.\u00a0 The Minister may prescribe the fees in respect of the various types of receiving and broadcasting licences.<\/p>\n<p class=\"row content-title col-md-12\">Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Sound Broadcasting Receivers) Order, 1972 provided for the abolition of the requirement to license sound broadcasting receivers from 1st September, 1972.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 200\/1976 &#8211; Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Wired Broadcast Relay Stations) Order, 1976 provided for the abolition of the requirement to license wired broadcast relay stations to which the number of service points connected does not exceed one hundred with effect from 1st day of October, 1976. .<\/p>\n<p>Wireless Telegraphy (Business Radio Licence) Regulations 1949 to 1992 provide for a business radio licence.<\/p>\n<p>The Wireless Telegraphy (Experimenter&#8217;s Licence) (Amendment) Regulations\u00a0 (now 2002 provide for an experimenter&#8217;s licence formerly known as a radio ham license.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ITU\"><\/span>ITU<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The International Telecommunications Union was established under treaty signed in Geneva in 1992. It was ratified by\u00a0 Ireland in 1996. It adopts international rules on terrestrial and outer space use of frequency spectrum as well as satellite positioning and uses.<\/p>\n<p>The ITU constitution is a treaty in effect which almost all states worldwide party. It seeks to promote and maintain international cooperation regarding use of telecommunications and harmonise initiatives for that purpose.<\/p>\n<p>Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 exempt cordless phones from the Wireless Telegraphy legislation within certain bands designated under\u00a0 European Communities (Digital European Cordless Telecommunications \u2013 DECT) Regulations 1994 (S.I. No. 168 of 1994) and standards approved under the European Communities (Telecommunications Terminal Equipment) Regulations.<\/p>\n<h4><span class=\"ez-toc-section\" id=\"Exemptions\"><\/span>Exemptions<span class=\"ez-toc-section-end\"><\/span><\/h4>\n<p>Numerous Orders were made under the Wireless Telegraphy Act in 1999 which exempted wireless terminals used in mobile telephony from the 1926 licensing requirements. Exemptions were applied for a range of terminal types as well as other apparatus for mobile phone signals.<\/p>\n<ul>\n<li>S.I. No. 409\/1997 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Telephones) Order, 1997<\/li>\n<li>S.I. No. 410\/1997 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Cordless Telephones) Order, 1997<\/li>\n<li>S.I. No. 214\/1998 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order, 1998<\/li>\n<li>S.I. No. 436\/1998 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Citizens\u2019 Band (Cb) Radios) Order, 1998<\/li>\n<li>S.I. No. 93\/1998 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Business Radios) Order, 1998<\/li>\n<li>S.I. No. 108\/1999 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order, 1999<\/li>\n<li>S.I. No. 107\/1999 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order, 1999<\/li>\n<li>S.I. No. 273\/2000 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order, 2000<\/li>\n<li>S.I. No. 173\/2000 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs&lt;&lt;1 Ghz)) Order, 2000<\/li>\n<li>S.I. No. 398\/2001 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order, 2001<\/li>\n<li>S.I. No. 405\/2002 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order, 2002<\/li>\n<li id=\"js-stick-window\" class=\"js-stick-window\">S.I. No. 158\/2003 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Telephones)(Amendment) Order 2003<\/li>\n<li>S.I. No. 505\/2003 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003<\/li>\n<li>SI No. 007 of 2004\u00a0Wireless Telegraphy Act 1926, (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004<\/li>\n<li>S.I. No. 292\/2005 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) (Amendment) Order 2005<\/li>\n<li>S.I. No. 197\/2005 \u2013 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Receive Only Apparatus For Wireless Telegraphy) Order 2005<\/li>\n<li>S.I. No. 128\/2005 \u2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2005<\/li>\n<li>SI No. 160 of 2006 Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) (Amendment) Order, 2006<\/li>\n<li>SI No. 343 of 2008 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order 2008<\/li>\n<li>SI No. 178 of 2008\u00a0Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008<\/li>\n<li>SI No. 290 of 2010\u00a0Wireless Telegraphy Act, 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order, 2010<\/li>\n<li>SI No. 111 of 2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ground Probing and Wall Probing Radars) Order 2013<\/li>\n<li>SI No. 112 of 2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Level Probing Radars) Order 2013<\/li>\n<li>SI No. 169 of 2013 \u00a0Wireless Telegraphy Act 1926 (Section 3) (Exemption of Aparatus for Mobile Communications Services on Board Vessels) Order 2013<\/li>\n<li>S.I. No. 218 of 2017 Wireless Telegraphy Act 1926 (section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2017<\/li>\n<li>S.I. No 226 of 2020 \u2013 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Terminals for Satellite Services) Order 2020<\/li>\n<li>S.I. 282 of 2021 Wireless Telegraphy Act 1926 (Section 3) (Exemption of Customer Premises Equipment And User Equipment) Order 2021<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"GSM_EU_Coordination\"><\/span>GSM EU Coordination<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>European Communities (Co-ordinated) Introduction of Public Pan-European Cellular Digital Land Based Mobile Communications &#8211; GSM) Regulations 1994 (SI No. 416 of 1994) implemented EU directive on frequency bands designated for coordinated introduction of a pan- EU cellular digital land-based mobile communications system (DSM).The cellular Service in each state must conform to the European telecommunications standard.<\/p>\n<p>The Designation of frequencies was to conform with the\u00a0 European Telecommunications Standard (ETS) developed by the GSM (Global Special Mobile) Technical Committee of the European Telecommunications Standards Institute (ETSI)\u00a0 Users are provided with a mobile telephone telecommunications service in one state may gain access to the service in other states.<\/p>\n<p>European Communities (Pan-European Land-based Public Radio Paging Service \u2014 ERMES (Regulations), 1995 gave effect to the EU directives on certain radiofrequency channels. They were to be designated a protected for EU wide public radio paging services based on terrestrial infrastructure in accordance with European telecommunications standards developed by the European telecommunications and its Institute.<\/p>\n<p>European Communities (Digital European Cordless Telecommunications &#8211; DECT) Regulations 1994 (SI No. 168 of 1994) implement EU directive on frequency bands providing for the coordinated use of Digital European Cordless Telecommunications (DECT). A frequency bands delegated dedicated exclusively for this purpose.<\/p>\n<p>Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 and 1999\u00a0 were made by the regulator in pursuance of statutory powers with the consent of the Minister. They provide for licences for apparatus for wireless telegraphy for the purpose of providing GSM and PACS mobile telephony services. The provide for the conditions for regulation of the apparatus concerned.<\/p>\n<p>GSM mobile telephony service\u2019 comprises a pan-European cellular digital land-based mobile telephony service conforming with certain international standards GSM.TACS mobile telephony service is a service comprising cellular land-based mobile telephony service within a certain frequency band using analogue technology and complying with Total Access Communications System Mobile Station.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Various_Licensing\"><\/span>Various Licensing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p class=\"row content-title col-md-12\">S.I. No. 73\/1999 &#8211; Wireless Telegraphy (Programme Services Distribution) Regulations, 1999 provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services, for the regulation of wired broadcast relay and television programme retransmission systems and for the payment of licence fees.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 347\/1999 &#8211; Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations, 1999 provided for the issue of a licence to Carrigaline Community Television Broadcasting Company Ltd., trading as Southcoast Community Television, for apparatus for wireless telegraphy used for the purposes of retransmitting television programme services and for the conditions of such a licence..<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 287\/1999 &#8211; Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations, 1999 now SI No. 762 of 2007\u00a0Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations, 2007<\/p>\n<p class=\"row content-title col-md-12\">rovide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for the purpose of using FWPMA for the provision of telecommunications access network and services.<\/p>\n<p>The Wireless Telegraphy legislation and broadcasting and Wireless Telegraphy Act apply in respect of \u00a0satellite earth station equipment. This is equipment used for the transmission or the transmission and reception of radio communication signals by satellite or other space-based systems.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 261\/2000 &#8211; Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000provide for the issuing of annual and short term Licences for satellite earth stations, of the Fixed Satellite Service (as set out by the ITU), operating to satellites in the geostationary orbit, in frequencies above 3 GHz which do not comprise a Teleport facility.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 18\/2001 &#8211; Wireless Telegraphy (Teleport Facility) Regulations, 2001provide for the issuing of Licences for Teleport Facilities which comprise of three or more satellite earth stations of the Fixed Satellite Service (as set out by the ITU), operating to satellites in the geostationary orbit, in frequencies above 3 GHz.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 295\/2007 &#8211; Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 provide for the issuing of five year, annual and temporary licences for satellite earth stations, for the Fixed Satellite Service (as set out by the ITU), in frequencies above 3 GHz and of five year and annual licences for Teleport Facilities consisting of two or more non-transportable Fixed Satellite Earth Stations<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 240\/2001 &#8211; European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations, 2001give legal effect to Directive 1999\/5\/EC of the European Parliament and of the Council of 9 March 1999 on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. .<\/p>\n<p>Wireless Telegraphy (Third Generation and GSM Mobile Telephony Licence) Regulations 2002 provides conditions for licences for operate use generation and GSM mobile telephony services.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 435\/2002 &#8211; Wireless Telegraphy (Mobile Radio Systems) Regulations, 2002 provide for the issuing of Licences for types of mobile radio systems intended for local or on-site use, which may, if appropriate, be licensed by the Director. Where other Regulations under the Act of 1926 apply to specific radio systems, those Regulations shall be used.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 529\/2003 &#8211; Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 \u00a0provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services and television programme retransmission systems and for the payment of licence fees<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 529\/2003 &#8211; Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services and television programme retransmission systems and for the payment of licence fees.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 675\/2003 &#8211; Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003 provide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for the purposes of the retransmission of licensed programme services in the UHF television bands.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 113\/2005 &#8211; Wireless Telegraphy (Research and Development Licence) Regulations, 2005 provide for the issue of licences to keep and have possession of apparatus for wireless telegraphy for such purposes.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 646\/2005 &#8211; Wireless Telegraphy (Third Party Business Radio Licence) Regulations, 2005 rovide for the issue of Licences for apparatus for wireless telegraphy used solely for the purpose of third party business radio, for the regulation of radio apparatus and for the payment of fees by persons granted Licences for that purpose.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 642\/2005 &#8211; Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations, 2005 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Wideband Digital Mobile Data Services, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 296\/2006 &#8211; Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations, 2006 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of National Point-to-Point and Point-to-Multipoint Block Licences, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 172\/2007 &#8211; Wireless Telegraphy (1785 &#8211; 1805 MHz Wireless Access Platform for Electronic Communications Services) Regulations, 2007 provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Wireless Access Platform for Electronic Communications Services in the frequency bands 1785 &#8211; 1805 MHz, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.<\/p>\n<div id=\"js-stick-window\" class=\"js-stick-window\">\n<div class=\"js-stick-inner\">\n<div class=\"row\">\n<div class=\"col-md-8 col-sm-8\">\n<p>Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008 (S.I. No. 198 of 2008) were made by the regulator. They provided the conditions under which licences to establish and operate multiplexers for a digital television system and broadcasting stations could be operated. The Broadcasting Commission of Ireland has powers to range establishment and maintenance of such multiplexes.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<p>The Wireless Telegraphy (Use of the Band 380-400MHz by Emergency Services) Regulations 2008 (S.I. No. 324 of 2008 made by the Commission provide for licensing of digital radio systems within certain frequencies for use of by emergency services.<\/p>\n<p>The Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on Board Vessels) Order exempted low-power stations and vessels from the requirement to be licensed. The Wireless Telegraphy Act 1926 (Section 3) (Exemption of Apparatus for Mobile Communication Services on Aircraft) Order 2008 exempted certain wireless telegraphy apparatus for the purpose of mobile communication services on board aircraft from licensing requirements<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 370\/2009 &#8211; Wireless Telegraphy (Radio Link Licence) Regulations, 2009 provide for the issue of licences for apparatus for wireless telegraphy for the provision of a Point to Point Radio Link or a Point to Multi-Point Radio Link, for the regulation of such apparatus, and for the payment of fees by persons granted licences for that apparatus.<\/p>\n<div class=\"js-stick-inner\">\n<div class=\"row\">\n<div class=\"col-md-8 col-sm-8\">\n<p class=\"row content-title col-md-12\">S.I. No. 369\/2009 &#8211; Wireless Telegraphy (Radiodetermination, Air Traffic and Maritime Services) Regulations, 2009 Provide for the licensing of apparatus for wireless telegraphy for the provision of Radiodetermination Services (including radar, radio navigation and radiolocation systems), Air Traffic Service Systems (including air traffic control communications) and Maritime Service Systems (including coast radio stations and training establishments) within the State.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<p class=\"row content-title col-md-12\">S.I. No. 192\/2009 &#8211; Wireless Telegraphy (Amateur Station Licence) Regulations 2009 provide for the licensing of apparatus for wireless telegraphy forming part of an Amateur Station, used for the purposes of conducting experiments and self-training in wireless telegraphy, and for the regulation of such apparatus, and for the payment of fees by persons issued licences for that purpose.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 193\/2009 &#8211; Wireless Telegraphy (Aircraft Station Licence) Regulations 2009 Provide for the issue of licences for apparatus for wireless telegraphy forming part of an aircraft station on-board an Irish aircraft, FOr the regulation of such apparatus, and for the payment of fees by persons granted licences for that apparatus.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 189\/2011 &#8211; Wireless Telegraphy (Interim GSM Mobile Telephony Licence) Regulations, 2011 and <a style=\"font-size: 16px;\" title=\"This link will open in a new window\" href=\"http:\/\/www.irishstatutebook.ie\/eli\/2013\/si\/19\/made\/en\/print\" target=\"_blank\" rel=\"noopener noreferrer\">SI No. 19 of 2013 Wireless Telegraphy (Interim GSM Mobile Telephony Licence) (Amendment) Regulations 2013 and 2014<\/a>\u00a0prescribe matters in regard to licences that may be granted under\u00a0<a href=\"https:\/\/www.irishstatutebook.ie\/1926\/en\/act\/pub\/0045\/sec0005.html#sec5\">section 5<\/a>\u00a0of the\u00a0<a href=\"https:\/\/www.irishstatutebook.ie\/1926\/en\/act\/pub\/0045\/index.html\">Wireless Telegraphy Act 1926<\/a>\u00a0(as amended), to keep and have possession of, apparatus for wireless telegraphy in a specified place in the State for the purpose of the provision of a GSM Mobile Telephony Service, including matters relating to their form, the period(<i>s<\/i>) during which they continue in force, the fees payable in respect of them, and the conditions and restrictions applying to them.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 66\/2011 &#8211; Wireless Telegraphy Act, 1972 (Prohibition of Sale, Letting on Hire, Manufacture, and Importation of Wireless Telegraphy Interference Apparatus) Order, 2011 prohibits the sale or supply of devices that are designed to cause deliberate interference with wireless electronic communications apparatus such as mobile telephones.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 251\/2012 &#8211; Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz bands) Regulations, 2012 s prescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in some or all of the 800 MHz, the 900 MHz and the 1800 MHz bands.<\/p>\n<p>&nbsp;<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 563\/2013 &#8211; Wireless Telegraphy (1800 MHz and Preparatory Licences in the 1800 MHz Band) Regulations, 2013\u00a0prescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 1800 MHz Band. .<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 214\/2013 &#8211; Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013 Prescribe certain matters in relation to licences for Broadband Wireless Access apparatus granted under section 5 of the Wireless Telegraphy Acts 1926 to 2009. Under these regulations ComReg may assign Broadband Wireless Access Local Area (BWALA) licences so that holders may offer fixed, nomadic and mobile broadband wireless access services in line with EC Decision 2008\/411\/EC The BWALA licensing scheme, in parallel with Fixed Wireless Access Local Area (FWALA) scheme which permits only fixed and nomadic wireless access services, will form the framework for 3.6 GHz licensing until both of these schemes come to an end on 31st of July 2017. .<\/p>\n<div id=\"js-stick-window\" class=\"js-stick-window\">\n<div class=\"js-stick-inner\">\n<div class=\"row\">\n<div class=\"col-md-8 col-sm-8\">\n<p class=\"row content-title col-md-12\">S.I. No. 240\/2014 &#8211; Wireless Telegraphy (Licensing of Telemetry Systems) Regulations 2014rescribe certain matters in relation to the licensing of telemetry systems<\/p>\n<p class=\"row content-title col-md-12\">Wireless Telegraphy (Transfer of Spectrum Rights of Use) Regulations 2014 provide for the transfer of spectrum rights of use between undertakings in accordance with published procedures adopted by the Commission and not otherwise.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 532\/2016 &#8211; Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 rescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 3.6 GHz Band.<\/p>\n<p class=\"row content-title col-md-12\">S.I. No. 158\/2018 &#8211; Wireless Telegraphy (National Point to Point Block Licences) Regulations 2018provide for the issue of Licences for apparatus for wireless telegraphy used solely for the provision of Point-to-Point and Point-to-Multi-point Block Services, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<p>The Wireless Telegraphy (Public Service Television and Sound Broadcasting Licences) Regulations 2019 consolidated the regulations licensing RTE. It licences or tea to possess maintain install and use wireless telegraphy for the purpose of providing broadcasting services and for provision and for payment of fees. It replaced the Digital Terrestrial Television Licence Fees Regulations 2007 (S.I. No. 796 of 2007); the Wireless Telegraphy (Digital Terrestrial Television Licence) Regulations 2008<\/p>\n<p>Wireless Telegraphy (FurtherTemporary Electronic Communications Services Licences) Regulations 2020 prescribe matters in relation to further temporary licences for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.<\/p>\n<p>Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 3) Regulations 2021 prescribe matters in relation to the further temporary licences (No. 3) for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.<\/p>\n<p>Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) (No. 4) Regulations 2022 prescribe matters in relation to the further temporary licences (No. 3) for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.<\/p>\n<p>Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment) Regulations 2022prescribe matters in relation to the amendment of the<br \/>\ncommencement date of MBSA2 Liberalised Use Licences granted in the 2.1 GHz Band under the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulation 2021. .<\/p>\n<p>the Wireless Telegraphy (ShortTerm Electronic Communication Services Licences) Regulations 2022prescribe matters in relation to the Short-Term Electronic Communications Services Licences in the 700 MHz Duplex and the 2.1 GHz Band. These Licences address the potential short-term impact upon Electronic Communications Networks and Electronic Communications Services caused by the upcoming expiry of licences in the 2.1 GHz Band and 700 MHz Duplex.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Offences\"><\/span>Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>No person may have in his possession or keep whether in a place, ship or aircraft, apparatus for wireless telegraphy unless licenced or exempted under the legislation.\u00a0 A person having possession of apparatus under licence shall not install, maintain or use such apparatus other than in accordance with the terms of the licence.<\/p>\n<p>A person who keeps or has possession of apparatus in contravention of the legislation (other than a television set) commits an offence.\u00a0 Punishment on summary conviction is a fine up to \u20ac5,000, on indictment a fine up to \u20ac250,000.<\/p>\n<p>It is presumed until the contrary is shown that the person has possession of apparatus, if he is occupier of a premises and does not have a licence. A summary offence prosecution \u00a0may be taken within two years. Where a person is convicted on indictment, the equipment or apparatus is to be forfeited.<\/p>\n<p>There are exemptions for a range of devices made under regulations, including certain short-range licences.<\/p>\n<p>The requirements for ships and airplane apply to those registered in the State and those which frequent the state in relation to which no licence is enforced in another country.\u00a0 The provision does not apply to apparatus exempted by regulations, defence forces equipment and warships of any state.<\/p>\n<p>A person may not maintain a signalling station for the purpose of communications with ships at sea other than in accordance with a licence.\u00a0 There are exemptions for signalling stations operated by the Department of Enterprise, Trade and Employment, the Commissioner for Irish Lights and other bodies having authority over lighthouses, buoys and beacons.<\/p>\n<p>The appropriate authority in relation to licensing is Minister for Transport in the case of ships and associated vessels. In other matters, it is the Commission for Communications Regulation.<\/p>\n<p>Legislation provides for the terms of licensing. The permitted radio frequency channels are specified in the licence. The regulator has power of enforcement were the apparatus causes interference with other operators where there is beta of licensing conditions. Certain other conditions and obligations apply to licence holders.<\/p>\n<p><!--nextpage--><\/p>\n<h2>WIRELESS TELEGRAPHY ACT, 1926.<\/h2>\n<p>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.]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS OF SAORST\u00c1T EIREANN AS FOLLOWS:\u2014<\/p>\n<p>Preliminary.<\/p>\n<p>Short title.<\/p>\n<p>1.\u2014This Act may be cited as the Wireless Telegraphy Act, 1926.<\/p>\n<h4>Definitions.<\/h4>\n<p>2.\u2014In this Act\u2014<\/p>\n<p>the expression \u201cthe Minister\u201d means the Minister for Posts and Telegraphs;<\/p>\n<p>the expression \u201cwireless telegraphy\u201d 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;<\/p>\n<p>the expression \u201capparatus for wireless telegraphy\u201d 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;<\/p>\n<p>the word \u201cbroadcast\u201d means the transmitting, relaying, or distributing by wireless telegraphy of broadcast matter;<\/p>\n<p>the expression \u201cbroadcasting station\u201d means a building or other place fitted and equipped for broadcasting;<\/p>\n<p>the expression \u201cbroadcast matter\u201d 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;<\/p>\n<p>the expression \u201csignalling station\u201d means any fixed or not easily movable apparatus for signalling by means of visible signals or for signalling by means of audible signals.<\/p>\n<p>Part I.<\/p>\n<h4>Wireless Telegraphy and Signalling.<\/h4>\n<h4>Restrictions on possession of wireless telegraphy apparatus.<\/h4>\n<p>3.\u2014(1) Subject to the exceptions hereinafter mentioned, no person shall keep or have in his possession anywhere in Saorst\u00e1t 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) Subject to the exceptions hereinafter mentioned this section applies to\u2014<\/p>\n<p>(a) every ship registered in Saorst\u00e1t Eireann, and<\/p>\n<p>(b) every unregistered ship or other vessel which is usually kept in or which frequents the waters (whether inland or territorial) of Saorst\u00e1t Eireann, and<\/p>\n<p>(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 Saorst\u00e1t 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<\/p>\n<p>(d) every aircraft owned by a person who, in the case of an individual, has his usual place of residence in Saorst\u00e1t Eireann or, in the case of an association, company, or other body (whether corporate or incorporate), has its principal office in Saorst\u00e1t Eireann, and<\/p>\n<p>(e) every aircraft not coming within the foregoing paragraph which is for the time being in or over Saorst\u00e1t 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.<\/p>\n<p>(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 Saorst\u00e1t Eireann or any other country or state.<\/p>\n<p>(7) For the purposes of this section the expression \u201cunregistered ship or other vessel\u201d 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 Saorst\u00e1t Eireann or any other country or state.<\/p>\n<h4>Restrictions on maintenance of signalling stations.<\/h4>\n<p>4.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) Nothing in this section shall apply to any signalling station maintained under Lloyd&#8217;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.<\/p>\n<h4>Grant of licences.<\/h4>\n<p>5.\u2014(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 Saorst\u00e1t 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 Saorst\u00e1t Eireann.<\/p>\n<p>(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.<\/p>\n<h4>Regulations in regard to licences.<\/h4>\n<p>6.\u2014(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:\u2014<\/p>\n<p>(a) the form of such licences,<\/p>\n<p>(b) the period during which such licences continue in force,<\/p>\n<p>(c) the manner in which, the terms on which, and the period or periods for which such licences may be renewed,<\/p>\n<p>(d) the circumstances and manner in which such licences may be suspended or revoked by the Minister,<\/p>\n<p>(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,<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) No regulation shall be made under this section in relation to fees without the previous consent of the Minister for Finance.<\/p>\n<p>(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.<\/p>\n<h4>Obligation to furnish certain information.<\/h4>\n<p>7.\u2014(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.<\/p>\n<p>(2) The matters which a person may be required under this section to state in a declaration are\u2014<\/p>\n<p>(a) whether he does or does not keep or has or has not in his possession any apparatus for wireless telegraphy,<\/p>\n<p>(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.<\/p>\n<p>(c) whether he has or has not a licence granted under this Act and then in force,<\/p>\n<p>(d) if he has such a licence, the number, date, and office of issue of such licence,<\/p>\n<p>(e) any other matter relating to wireless telegraphy,<\/p>\n<p>(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.<\/p>\n<h4>Issue of search warrants.<\/h4>\n<p>8.\u2014(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 G\u00e1rda S\u00edoch\u00e1na 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 G\u00e1rda S\u00edoch\u00e1na (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 G\u00e1rda S\u00edoch\u00e1na 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.<\/p>\n<p>(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 G\u00e1rda S\u00edoch\u00e1na when making the search under the warrant.<\/p>\n<h4>Regulations as to wireless telegraphy in ships and aircraft.<\/h4>\n<p>9.\u2014(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:\u2014<\/p>\n<p>(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 Saorst\u00e1t Eireann to hold certificates of competency;<\/p>\n<p>(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 Saorst\u00e1t Eireann to hold certificates of competency;<\/p>\n<p>(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;<\/p>\n<p>(d) the duration, revocation and suspension of certificates of competency granted under the regulations;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(g) regulating and controlling the times and manner of working apparatus for wireless telegraphy in ships registered in Saorst\u00e1t Eireann and, while they are in the territorial waters of Saorst\u00e1t Eireann, ships registered outside Saorst\u00e1t Eireann and unregistered ships and other vessels;<\/p>\n<p>(h) regulating and controlling the times and manner of working apparatus for wireless telegraphy in aircraft owned in Saorst\u00e1t Eireann and, while they are in or over Saorst\u00e1t Eireann or the territorial waters thereof, aircraft not so owned;<\/p>\n<p>(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 Saorst\u00e1t Eireann.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) For the purposes of this section an aircraft shall be deemed to be owned in Saorst\u00e1t 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 Saorst\u00e1t Eirreann or, in the case of an association, company, or other body (whether corporate or unincorporate), has its principal office in Saorst\u00e1t Eireann.<\/p>\n<p>(5) Neither this section nor any regulation made thereunder shall apply to any ship to which the Merchant Shipping (Wireless Telegraphy) Act, 1919 applies.<\/p>\n<h4>Government control of wireless telegraphy, etc., in emergencies.<\/h4>\n<p>10.\u2014(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 Oifigi\u00fail a notice declaring that such emergency has arisen.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) For the purposes of this section\u2014<\/p>\n<p>(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 Oifigi\u00fail 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 Oiftgi\u00fail of the last notice of such continuance, and<\/p>\n<p>(b) any such emergency may be terminated at any time by the publication by the Executive Council in the Iris Oifigi\u00fail of a notice declaring that the emergency has terminated, and<\/p>\n<p>(c) any such emergency may be continued by the publication by the Executive Council in the Iris Oifigi\u00fail before the termination of the emergency of a notice declaring that the emergency still continues.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Prohibition of certain classes of messages, etc.<\/h4>\n<p>11.\u2014(1) No person shall send or attempt to send by wireless telegraphy from any place in Saorst\u00e1t Eireann or any ship or other vessel in the inland or the territorial waters of Saorst\u00e1t Eireann or any ship registered in Saorst\u00e1t Eireann wherever such ship may be or any aircraft in or over Saorst\u00e1t Eireann or the territorial waters thereof\u2014<\/p>\n<p>(a) any message or communication of an indecent, obscene, or offensive character, nor<\/p>\n<p>(b) any message or communication subversive of public order, nor<\/p>\n<p>(c) any false or misleading signal of distress, nor<\/p>\n<p>(d) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.<\/p>\n<p>(2) No person shall improperly divulge the purport of any message, communication, or signal sent or proposed to be sent by wireless telegraphy.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Restrictions on user of apparatus for wireless telegraphy.<\/h4>\n<p>12.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Prosecution of offences.<\/h4>\n<p>13.\u2014All prosecutions under this Act in a court of summary jurisdiction shall be prosecuted at the suit of the Minister and not otherwise.<\/p>\n<h4>Offences committed in ships or aircraft.<\/h4>\n<p>14.\u2014(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 Saorst\u00e1t 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.<\/p>\n<p>(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.<\/p>\n<p>Repeals and preservation of existing licences and payments.<\/p>\n<p>15.\u2014(1) The Wireless Telegraphy Act, 1904 and the Wireless Telegraphy Act, 1906 are hereby repealed.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Expenses.<\/p>\n<p>16.\u2014All 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.<\/p>\n<p>Part II.<\/p>\n<h4>Broadcasting.<\/h4>\n<h4>Maintenance of broadcasting stations by the Minister.<\/h4>\n<p>17.\u2014(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 Saorst\u00e1t Eireann as the Minister shall, with the sanction aforesaid, from time to time think proper.<\/p>\n<p>(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.<\/p>\n<h4>Charging of fees for broadcasting.<\/h4>\n<p>18.\u2014(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.<\/p>\n<p>(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.<\/p>\n<h4>Advisory committee.<\/h4>\n<p>19.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Expenses.<\/p>\n<p>20.\u2014All 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.<\/p>\n<p>&nbsp;<\/p>\n<h2>WIRELESS TELEGRAPHY ACT, 1972<\/h2>\n<p>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]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act\u2014<\/p>\n<p>\u201cappointed day\u201d means such day as the Minister may by order appoint under section 2 (4) of this Act;<\/p>\n<p>\u201chire contract\u201d means a contract for the letting of a television set on hire;<\/p>\n<p>\u201chire-purchase agreement\u201d, \u201ccredit-sale agreement\u201d, \u201cowner\u201d, \u201cseller\u201d, and \u201cbuyer\u201d have the meanings respectively assigned to them by section 1 of the Hire-Purchase Act, 1946 ;<\/p>\n<p>\u201chirer\u201d means\u2014<\/p>\n<p>(a) a person described in the definition of hirer in section 1 of the Hire-Purchase Act, 1946 , and<\/p>\n<p>(b) a person with whom a hire contract is made by a television dealer;<\/p>\n<p>\u201cmanufacture\u201d includes construction by any method and the assembly of component parts;<\/p>\n<p>\u201cprescribed\u201d means prescribed by regulations made by the Minister under section 15 of this Act;<\/p>\n<p>\u201cthe Principal Act\u201d means the Wireless Telegraphy Act, 1926 ;<\/p>\n<p>\u201cregistered dealer\u201d has the meaning assigned to it by section 2 (3) of this Act;<\/p>\n<p>\u201ctelevision dealer\u201d means a person who by way of trade or business\u2014<\/p>\n<p>(a) sells television sets by wholesale or by retail,<\/p>\n<p>(b) lets such sets on hire or hire-purchase,<\/p>\n<p>(c) arranges for such sets to be sold or let as aforesaid by another television dealer,<\/p>\n<p>(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<\/p>\n<p>(e) holds himself out as willing to engage in any of the foregoing activities;<\/p>\n<p>\u201ctelevision set\u201d 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Registration of television dealers.<\/h4>\n<p>2.\u2014(1) The Minister shall establish and maintain a register of television dealers.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) that person&#8217;s name, and<\/p>\n<p>(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,<\/p>\n<p>and the information shall be entered in the register established and maintained under subsection (1) of this section.<\/p>\n<p>(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.<\/p>\n<p>(4) The Minister may by order appoint a day to be the appointed day for the purposes of this Act.<\/p>\n<h4>Notification and recording of certain transactions.<\/h4>\n<p>3.\u2014(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\u2014<\/p>\n<p>(a) sells a television set by wholesale or by retail;<\/p>\n<p>(b) lets a television set on a hire contract or on a hire-purchase agreement; or<\/p>\n<p>(c) arranges for a television set to be sold or let as aforesaid to any person by another television dealer,<\/p>\n<p>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\u2014<\/p>\n<p>(i) in case a time is specified in the said Schedule in relation to the particulars, that time, and<\/p>\n<p>(ii) in any other case, the last day of the month which follows the month during which the sale or letting was made.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<h4>Notification of certain instalments and payments.<\/h4>\n<p>4.\u2014(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) in case a time is specified in the said Schedule in relation to the particulars, that time, and<\/p>\n<p>(b) in any other case, the period mentioned in the said subsection (1).<\/p>\n<h4>Notification concerning apparatus or equipment capable of radiating certain radio frequency power.<\/h4>\n<p>5.\u2014For 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\u2014<\/p>\n<p>(a) that person&#8217;s name and address;<\/p>\n<p>(b) descriptive particulars of the apparatus or equipment; and<\/p>\n<p>(c) the address of the premises at which it has been or is to be installed.<\/p>\n<h4>Notifications and records generally.<\/h4>\n<p>6.\u2014(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).<\/p>\n<p>(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\u2014<\/p>\n<p>(a) in case a time is specified in relation thereto in the Schedule to this Act, within that time, and<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(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:<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Restriction of manufacture or importation of certain apparatus.<\/h4>\n<p>7.\u2014(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) a person shall not sell, let on hire or manufacture, whether or not for sale, apparatus of that class or description, and<\/p>\n<p>(b) a person shall not import apparatus of that class or description.<\/p>\n<p>(3) An order under subsection (1) of this section may include provisions enabling the Minister\u2014<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>(4) The Minister may by order revoke or amend an order under this section (including an order under this subsection).<\/p>\n<h4>Conservation of radio frequency spectrum and avoidance of undue interference with wireless telegraphy.<\/h4>\n<p>8.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) the Minister has given to the person notice in writing of the special condition to which the alleged offence relates, and<\/p>\n<p>(b) the person has had a reasonable opportunity of complying with the requirements of the special condition.<\/p>\n<h4>Presumptions relating to offences under sections 3 and 7 of Principal Act.<\/h4>\n<p>9.\u2014(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.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(4) In this section\u2014<\/p>\n<p>\u201coccupier\u201d in relation to premises, means a person who as owner, tenant or otherwise is in occupation, whether solely, jointly or severally, of the premises;<\/p>\n<p>\u201cpremises\u201d 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.<\/p>\n<h4>Offences and penalties.<\/h4>\n<p>10.\u2014(1) A person who\u2014<\/p>\n<p>(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<\/p>\n<p>(b) in purported compliance therewith\u2014<\/p>\n<p>(i) furnishes any information which to his knowledge is false in a material respect, or<\/p>\n<p>(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,<\/p>\n<p>shall be guilty of an offence under this subsection.<\/p>\n<p>(2) A person who\u2014<\/p>\n<p>(a) sells, lets on hire or manufactures any apparatus for wireless telegraphy in contravention of section 7 of this Act,<\/p>\n<p>(b) imports any such apparatus in contravention of the said section 7,<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>shall be guilty of an offence under this subsection.<\/p>\n<p>(3) A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding\u2014<\/p>\n<p>(a) in case the offence relates to a requirement of an order under the said section 5, twenty-five pounds, and<\/p>\n<p>(b) in any other case, one hundred pounds.<\/p>\n<p>(4) A person guilty of an offence under subsection (2) of this section shall be liable on summary conviction\u2014<\/p>\n<p>(a) in the case of a first such offence, to a fine not exceeding fifty pounds, and<\/p>\n<p>(b) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,<\/p>\n<p>and also, in every case, forfeiture of all the apparatus in respect of which the offence was committed.<\/p>\n<p>(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.<\/p>\n<h4>Amendment of section 3 of Principal Act.<\/h4>\n<p>11.\u2014Section 3 of the Principal Act is hereby amended by\u2014<\/p>\n<p>(a) the substitution in subsection (2) of \u201cinstal, maintain, work or use\u201d and \u201cexpressly, or is by virtue of this Act deemed to have been,\u201d for \u201cwork or use\u201d and \u201cby virtue of this Act deemed to have been,\u201d respectively.<\/p>\n<p>(b) the substitution of the following for subsection (3):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(a) in the case of a first such offence, to a fine not exceeding fifty pounds, and<\/p>\n<p>(b) in the case of a second or subsequent such offence, to a fine not exceeding one hundred pounds,<\/p>\n<p>and also, in every case, to forfeiture of the apparatus in respect of which the offence was committed.\u201d, and<\/p>\n<p>(c) the substitution of the following for subsection (6):<\/p>\n<p>\u201c(6) This section shall not apply to apparatus for wireless telegraphy which is\u2014<\/p>\n<p>(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,<\/p>\n<p>(b) kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, or<\/p>\n<p>(c) in any ship of war belonging to the State or any other country or state.\u201d<\/p>\n<h4>Amendment of section 7 of Principal Act.<\/h4>\n<p>12.\u2014Section 7 of the Principal Act is hereby amended by\u2014<\/p>\n<p>(a) the addition of the following paragraph to subsection (2):<\/p>\n<p>\u201c(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.\u201d, and<\/p>\n<p>(b) the substitution of \u201cfifty pounds\u201d for \u201cfive pounds\u201d in subsection (3).<\/p>\n<h4>Amendment of section 12A of Principal Act.<\/h4>\n<p>13.\u2014Section 12A (3) of the Principal Act (inserted by section 34 of the Broadcasting Authority Act, 1960 ) is hereby amended by the substitution of \u201csecond. The references in this subsection to apparatus include references to apparatus for wireless telegraphy and references to any form of electric line.\u201d for all the words from \u201csecond,\u201d to the end of the subsection.<\/p>\n<h4>Amendment of Schedule.<\/h4>\n<p>14.\u2014(1) The Minister may by order amend the Schedule to this Act.<\/p>\n<p>(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.<\/p>\n<p>Regulations generally.<\/p>\n<p>15.\u2014The Minister may make regulations for prescribing any matter referred to in this Act as prescribed.<\/p>\n<p>Laying of orders and regulations.<\/p>\n<p>16.\u2014The 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.<\/p>\n<p>Expenses of Minister.<\/p>\n<p>17.\u2014The 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.<\/p>\n<p>Short title, collective citation and construction.<\/p>\n<p>18.\u2014(1) This Act may be cited as the Wireless Telegraphy Act, 1972.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>SCHEDULE<\/p>\n<h4>Notifications and Records<\/h4>\n<p>Sections 3 and 4 .<\/p>\n<p>Part I<\/p>\n<p>Particulars to be notified and recorded pursuant to section 3 (1).<\/p>\n<p>1. The date of the sale or letting.<\/p>\n<p>2. The name and address of the buyer or hirer.<\/p>\n<p>3. The make and type of television set and in particular whether it is (a) designed for reception in colour, and (b) portable.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Within 30 days of the knowledge coming to the information of the registered dealer concerned.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>Part II<\/p>\n<p>Particulars to be notified pursuant to section 3 (3).<\/p>\n<p>1. The date of the hire contract, hire-purchase agreement or credit-sale agreement, as the case may be.<\/p>\n<p>2. The name and address of the buyer or hirer.<\/p>\n<p>3. The name and address of the registered dealer who arranged the sale or letting.<\/p>\n<p>Within 30 days of the information coming to the knowledge of the other registered dealer concerned.<\/p>\n<p>4. Any change in the address of the buyer or hirer.<\/p>\n<p>Part III<\/p>\n<p>Particulars to be notified pursuant to section 4 (2).<\/p>\n<p>1. The name and address of the buyer or hirer.<\/p>\n<p>2. The date of the hire contract, credit-sale agreement or hire-purchase agreement, as the case may be.<\/p>\n<p>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.<\/p>\n<p>Within 30 days of the information coming to the knowledge of the registered dealer concerned.<\/p>\n<p>4. Any change in the address of the buyer or hirer.<\/p>\n<p>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.<\/p>\n<h2>BROADCASTING AND WIRELESS TELEGRAPHY ACT, 1988<\/h2>\n<p>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]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Definitions.<\/p>\n<p>1.\u2014In this Act\u2014<\/p>\n<p>\u201cthe Act of 1926\u201d means the Wireless Telegraphy Act, 1926 ;<\/p>\n<p>\u201cthe Act of 1963\u201d means the Copyright Act, 1963 ;<\/p>\n<p>\u201cthe Act of 1968\u201d means the Broadcasting (Offences) Act, 1968 ;<\/p>\n<p>\u201cthe Act of 1972\u201d means the Wireless Telegraphy Act, 1972 ;<\/p>\n<p>\u201capparatus for wireless telegraphy\u201d has the meaning assigned to it by virtue of section 2 (1) of this Act;<\/p>\n<p>\u201cartistic work\u201d has the meaning assigned to it by section 9 of the Act of 1963;<\/p>\n<p>\u201cbroadcast\u201d 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;<\/p>\n<p>\u201ccinematograph film\u201d 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;<\/p>\n<p>\u201cdramatic work\u201d has the meaning assigned to it by section 2 (1) of the Act of 1963;<\/p>\n<p>\u201cliterary work\u201d includes any written table or compilation;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Communications;<\/p>\n<p>\u201cowner\u201d, in relation to premises, means\u2014<\/p>\n<p>(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<\/p>\n<p>(b) a lessee or occupier, whether the lease is held or the occupier is in occupation solely, jointly or severally;<\/p>\n<p>\u201cpremises\u201d includes land not built on, land covered by water and a structure of any kind whether attached or affixed to the land or not;<\/p>\n<p>\u201crecord\u201d, except where the context otherwise requires, has the meaning assigned to it by section 2 (1) of the Act of 1963;<\/p>\n<p>\u201csupply\u201d includes giving without payment;<\/p>\n<p>\u201ctelecommunications service\u201d means a telecommunications service described in section 87 (1) of the Postal and Telecommunications Services Act, 1983 ;<\/p>\n<p>\u201cvehicle\u201d includes vessel.<\/p>\n<h4>\u201cApparatus for wireless telegraphy\u201d, \u201cwireless telegraphy\u201d and \u201ctelevision set\u201d.<\/h4>\n<p>2.\u2014(1) Section 2 of the Act of 1926 is hereby amended by\u2014<\/p>\n<p>(a) the substitution for the definition of \u201capparatus for wireless telegraphy\u201d therein contained of the following:<\/p>\n<p>\u201c\u2018apparatus for wireless telegraphy\u2019 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\u201d; and<\/p>\n<p>(b) the substitution for the definition of \u201cwireless telegraphy\u201d (as amended by section 18 of the Broadcasting Authority (Amendment) Act, 1976 ) therein contained of the following:<\/p>\n<p>\u201c\u2018wireless telegraphy\u2019 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.\u201d.<\/p>\n<p>(2) Section 1 (1) of the Act of 1972 is hereby amended by the substitution of \u201ccapable\u201d for \u201cdesigned primarily for the purpose\u201d in the definition of \u201ctelevision set\u201d contained therein, and the said definition, as so amended, is set out in the Table to this section.<\/p>\n<p>TABLE<\/p>\n<p>\u201cTelevision set\u201d 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.<\/p>\n<h4>Control of broadcasting.<\/h4>\n<p>3.\u2014(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.<\/p>\n<p>(2) Where a broadcast is made in contravention of subsection (1) of this section, each of the following shall be guilty of an offence:<\/p>\n<p>(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<\/p>\n<p>(b) any person who operates, or assists in the operation of, the apparatus for wireless telegraphy by means of which the broadcast is made.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<h4>Prohibition of acts facilitating broadcasting in contravention of section 3 .<\/h4>\n<p>4.\u2014(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.<\/p>\n<p>(2) The acts, and the conditions as to knowledge or belief, referred to in subsection (1) of this section are the following:<\/p>\n<p>(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;<\/p>\n<p>(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);<\/p>\n<p>(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);<\/p>\n<p>(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).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(5) In this section \u201capparatus for wireless telegraphy\u201d has the same meaning as in section 2 of the Act of 1926, as amended by section 2 of this Act.<\/p>\n<h4>Prohibition of acts relating to matter broadcast in contravention of section 3 .<\/h4>\n<p>5.\u2014(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.<\/p>\n<p>(2) The acts, and, where relevant, the intent, knowledge, belief and circumstances, referred to in subsection (1) of this section are the following:<\/p>\n<p>(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;<\/p>\n<p>(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);<\/p>\n<p>(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);<\/p>\n<p>(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;<\/p>\n<p>(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);<\/p>\n<p>(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;<\/p>\n<p>(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).<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(4) Where in proceedings for an offence under this section\u2014<\/p>\n<p>(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<\/p>\n<p>(b) (i) there is produced in court anything which both\u2014<\/p>\n<p>(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<\/p>\n<p>(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,<\/p>\n<p>or<\/p>\n<p>(ii) there is contained in the advertisement a reference which, in the opinion of the court, is a reference to the defendant,<\/p>\n<p>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.<\/p>\n<p>(5) In this section, \u201cspeech\u201d has the meaning assigned to it by section 6 (6) of the Act of 1968.<\/p>\n<h4>Penalties and legal proceedings.<\/h4>\n<p>6.\u2014(1) A person guilty of an offence under section 3 , 4 or 5 of this Act shall be liable\u2014<\/p>\n<p>(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 \u00a31,000 or to both such imprisonment and such fine, or<\/p>\n<p>(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 \u00a320,000 or to both such fine and such imprisonment.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<h4>Prohibition notice.<\/h4>\n<p>7.\u2014(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 \u201cprohibition notice\u201d) addressed to and served on either or both of the following, namely, Bord Telecom \u00c9ireann and the Electricity Supply Board require the person to whom it is addressed to comply with the requirements of the notice.<\/p>\n<p>(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.<\/p>\n<p>(2) A prohibition notice shall\u2014<\/p>\n<p>(a) specify\u2014<\/p>\n<p>(i) the person or persons to whom it is addressed,<\/p>\n<p>(ii) the premises from which the Minister is of opinion the broadcast to which it relates was made, and<\/p>\n<p>(iii) the date or dates on which the Minister is of opinion such broadcast was made, and<\/p>\n<p>(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,<\/p>\n<p>(i) in case such a person is Bord Telecom \u00c9ireann, a telecommunications service,<\/p>\n<p>(ii) in case such a person is the Electricity Supply Board, a supply of electricity.<\/p>\n<p>(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.<\/p>\n<p>(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).<\/p>\n<p>(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).<\/p>\n<p>(6) When a prohibition notice comes into operation\u2014<\/p>\n<p>(a) it shall remain in operation until it is withdrawn, and<\/p>\n<p>(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.<\/p>\n<p>(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:<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>(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 \u201cthe occupier\u201d without naming him.<\/p>\n<p>(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.<\/p>\n<h4>Use of certain services to promote, further or facilitate certain interests an offence.<\/h4>\n<p>8.\u2014Any person who\u2014<\/p>\n<p>(a) by using either a telecommunications service as regards which he is the subscriber or a supply of electricity supplied to him; or<\/p>\n<p>(b) by enabling or permitting such a supply of electricity or such a telecommunications service to be used by another,<\/p>\n<p>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 \u00a31,000.<\/p>\n<h4>Production of licence granted under Act of 1926 required in certain circumstances.<\/h4>\n<p>9.\u2014(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\u2014<\/p>\n<p>(a) was issued to the purchaser or hirer, or the party so supplied, as may be appropriate, and<\/p>\n<p>(b) relates to apparatus for wireless telegraphy which is of such class or description, and<\/p>\n<p>(c) is for the time being in force.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) prove that\u2014<\/p>\n<p>(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<\/p>\n<p>(ii) such document was inspected by the defendant or by his agent, and<\/p>\n<p>(iii) the defendant, or, in case the document was produced to his agent, his agent, reasonably believed the document to be such licence, and<\/p>\n<p>(iv) the document was so produced within the period which would have been appropriate having regard to the said subsection (1), and<\/p>\n<p>(b) satisfy the court that such belief was reasonable.<\/p>\n<p>(4) Any person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u00a31,000,<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u00a320,000.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201cthe relevant period\u201d 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;<\/p>\n<p>\u201ctelevision set\u201d 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.<\/p>\n<h4>Notice of no sales etc.<\/h4>\n<p>10.\u2014(1) In case during a particular month a television dealer\u2014<\/p>\n<p>(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<\/p>\n<p>(b) makes no arrangement described in paragraph (c) of the said section 3 (1),<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(3) A person who\u2014<\/p>\n<p>(a) without reasonable cause or excuse fails to comply with any of the requirements of subsection (1) or (2) of this section, or<\/p>\n<p>(b) in purported compliance therewith:<\/p>\n<p>(i) furnishes any information which to his knowledge is false in a material respect, or<\/p>\n<p>(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,<\/p>\n<p>shall be guilty of an offence under section 10 (1) of the Act of 1972.<\/p>\n<h4>Failure to comply with certain requirements under section 6 (4) of Act of 1972 an offence.<\/h4>\n<p>11.\u2014Any 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 \u00a31,000.<\/p>\n<h4>Penalties for certain offences under Act of 1926 and Act of 1972 altered.<\/h4>\n<p>12.\u2014(1) The Act of 1926 is hereby amended by\u2014<\/p>\n<p>(a) in section 3, the substitution of the following subsections for subsection (3):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(i) in case the apparatus in respect of which the offence was committed is a television set, on summary conviction thereof\u2014<\/p>\n<p>(I) in the case of a first such offence, to a fine not exceeding \u00a3500,<\/p>\n<p>(II) in the case of a second or subsequent such offence, to a fine not exceeding \u00a31,000,<\/p>\n<p>(ii) in case the apparatus in respect of which the offence was committed is not a television set\u2014<\/p>\n<p>(I) on summary conviction to a fine not exceeding \u00a31,000,<\/p>\n<p>(II) on conviction on indictment to a fine not exceeding \u00a320,000.<\/p>\n<p>(b) In this subsection \u2018television set\u2019 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.<\/p>\n<p>(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:<\/p>\n<p>(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&#8217;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&#8217;s trunk cable for conveyance by wire,<\/p>\n<p>(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.<\/p>\n<p>(b) In this subsection\u2014<\/p>\n<p>\u2018service point\u2019 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;<\/p>\n<p>\u2018wired broadcast relay station\u2019 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.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d;<\/p>\n<p>(b) in section 7, the substitution for \u201cfifty pounds\u201d (inserted by section 12 of the Act of 1972) of \u201ctwo hundred and fifty pounds\u201d in subsection (3);<\/p>\n<p>(c) in section 9\u2014<\/p>\n<p>(i) the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) Regulations made under this section may\u2014<\/p>\n<p>(a) provide that a breach or contravention of any specified such regulation shall be an offence,<\/p>\n<p>(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.\u201d; and<\/p>\n<p>(ii) the insertion of the following subsection after subsection (5):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.\u201d;<\/p>\n<p>(d) in section 10\u2014<\/p>\n<p>(i) the substitution of the following subsection for subsection (3):<\/p>\n<p>\u201c(3) Regulations made under this section may\u2014<\/p>\n<p>(a) provide that a breach or contravention of any specified such regulation shall be an offence,<\/p>\n<p>(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.\u201d;<\/p>\n<p>(ii) the insertion of the following subsection after subsection (7):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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.\u201d;<\/p>\n<p>(e) the insertion of the following section after section 10:<\/p>\n<p>\u201c<\/p>\n<h4>Forfeiture of apparatus; supplementary provisions.<\/h4>\n<p>10A.\u2014(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.<\/p>\n<p>(2) Where\u2014<\/p>\n<p>(a) a person is convicted on indictment of an offence under section 3 of this Act, or<\/p>\n<p>(b) an order is made pursuant to regulations under section 9 (2) or 10 (3) of this Act,<\/p>\n<p>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.<\/p>\n<p>(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.\u201d;<\/p>\n<p>(f) in section 11, the substitution of the following subsection for subsections (3) and (4):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.\u201d;<\/p>\n<p>(g) in section 12, the substitution in subsection (3) for all the words from \u201cliable on summary conviction\u201d to the end of the subsection of the following:<\/p>\n<p>\u201cliable\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.\u201d;<\/p>\n<p>(h) in section 12A (inserted by section 34 of the Broadcasting Authority Act, 1960 ), the substitution for subsection (12) of the following subsection:<\/p>\n<p>\u201c(12) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.\u201d; and<\/p>\n<p>(i) in section 12B (inserted by the said section 34), the substitution for subsection (3) of the following subsection:<\/p>\n<p>\u201c(3) A person guilty of an offence under this section shall be liable\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.\u201d;<\/p>\n<p>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.<\/p>\n<p>(2) Section 10 of the Act of 1972 is hereby amended by\u2014<\/p>\n<p>(a) the substitution of \u201cfive hundred pounds\u201d and \u201cone thousand pounds\u201d for \u201ctwenty-five pounds\u201d and \u201cone hundred pounds\u201d, respectively, in subsection (3); and<\/p>\n<p>(b) the substitution of the following subsection for subsection (4):<\/p>\n<p>\u201c(4) (a) (i) A person guilty of an offence under subsection (2) of this section shall be liable\u2014<\/p>\n<p>(I) on summary conviction to a fine not exceeding one thousand pounds,<\/p>\n<p>(II) on conviction on indictment to a fine not exceeding twenty thousand pounds.<\/p>\n<p>(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.<\/p>\n<p>(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.\u201d;<\/p>\n<p>and the said subsection (3), as amended by this subsection, is set out in paragraph 3 of the Table to this section.<\/p>\n<p>(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.<\/p>\n<p>TABLE<\/p>\n<p>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.<\/p>\n<p>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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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.<\/p>\n<p>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\u2014<\/p>\n<p>(a) in case the offence relates to a requirement of an order under the said section 5, five hundred pounds, and<\/p>\n<p>(b) in any other case, one thousand pounds.<\/p>\n<p>Recovery of licence fees.<\/p>\n<p>13.\u2014Any 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.<\/p>\n<h4>Prosecution of offences.<\/h4>\n<p>14.\u2014Summary proceedings for an offence under this Act may be prosecuted by the Minister.<\/p>\n<h4>Onus of proof.<\/h4>\n<p>15.\u2014In 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.<\/p>\n<p>Subsections (1), (2) and (3) of section 3 of Act of 1926 applied to Bord Telecom \u00c9ireann (Irish Telecommunications Board).<\/p>\n<p>16.\u2014For 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 \u00c9ireann (The Irish Telecommunications Board).<\/p>\n<h4>Amendment of sections 7 and 8 of Act of 1926.<\/h4>\n<p>17.\u2014(1) Paragraph (b) of section 7 (2) of the Act of 1926 is hereby amended by the insertion of \u201c, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him\u201d after \u201cthe nature of such apparatus\u201d, and the said paragraph (b), as so amended, is set out in the Table to this section.<\/p>\n<p>(2) Section 8 (1) of the Act of 1926 is hereby amended by the insertion after \u201cplace\u201d wherever that word occurs of \u201cor in any specified vehicle\u201d and by the insertion after the words \u201call or any part of such apparatus\u201d of the words \u201cor any such vehicle\u201d.<\/p>\n<p>(3) Section 8 of the Act of 1926 is hereby amended by the substitution of the following subsections for subsection (2):<\/p>\n<p>\u201c(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 S\u00edoch\u00e1na 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(d) In this subsection, \u2018the Act of 1897\u2019 means the Police (Property) Act, 1897 .<\/p>\n<p>(4) (a) Any person who by act or omission impedes or obstructs an officer of the Minister or a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(b) Any person who with intent to impede or obstruct an officer of the Minister or a member of the Garda S\u00edoch\u00e1na 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.<\/p>\n<p>(c) Every person guilty of an offence under this subsection shall be liable on summary conviction to a fine not exceeding \u00a3500.\u201d.<\/p>\n<p>TABLE<\/p>\n<p>(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.<\/p>\n<p>Amendment of section 7 of Act of 1968.<\/p>\n<p>18.\u2014Subsection (1) of section 7 of the Act of 1968 is hereby amended by the substitution of \u201c\u00a31,000\u201d and \u201c\u00a320,000\u201d for \u201c\u00a3100\u201d and \u201c\u00a3500\u201d, respectively, and the said subsection (1), as so amended, is set out in the Table to this section.<\/p>\n<p>TABLE<\/p>\n<p>(1) A person guilty of an offence under this Act shall be liable\u2014<\/p>\n<p>(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 \u00a31,000 or to both such imprisonment and such fine, or<\/p>\n<p>(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 \u00a320,000 or to both such fine and such imprisonment.<\/p>\n<h4>Amendment of section 2 of Act of 1972.<\/h4>\n<p>19.\u2014Section 2 of the Act of 1972 is hereby amended by the substitution of the following subsections for subsection (2):<\/p>\n<p>\u201c(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\u2014<\/p>\n<p>(a) the person&#8217;s name, and<\/p>\n<p>(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,<\/p>\n<p>and the information when received shall be entered in the register established and maintained under subsection (1) of this section.<\/p>\n<p>(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\u2014<\/p>\n<p>(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,<\/p>\n<p>(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<\/p>\n<p>(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.\u201d.<\/p>\n<h4>Fees on application for licence.<\/h4>\n<p>20.\u2014The 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.<\/p>\n<p>Short title, commencement and collective citations.<\/p>\n<p>21.\u2014(1) This Act may be cited as the Broadcasting and Wireless Telegraphy Act, 1988.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>S.I. No. 79\/2003 &#8211;<\/p>\n<p>&nbsp;<\/p>\n<h2>Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003<\/h2>\n<p>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<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:<\/p>\n<p>\u201cthe Act of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cthe Act of 1972\u201d means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cthe Act of 1983\u201d means the Postal and Telecommunications Services Act 1983 (No. 24 of 1983);<\/p>\n<p>\u201cthe Act of 2002\u201d means the Communications Regulation Act 2002 . (No. 20 of 2002);<\/p>\n<p>\u201cFWA\u201d or \u201cFixed Wireless Access\u201d 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;<\/p>\n<p>\u201cFWA apparatus\u201d 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;<\/p>\n<p>\u201cFWA apparatus record\u201d 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;<\/p>\n<p>\u201capplication\u201d means an application to the Commission for the grant of a licence to which these Regulations apply;<\/p>\n<p>\u201cauthorised officer\u201d means a person appointed by the Commission in writing to be an authorised officer for the purposes of these Regulations;<\/p>\n<p>\u201cthe Commission\u201d means the Commission for Communications Regulation;<\/p>\n<p>\u201cfunctions\u201d 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;<\/p>\n<p>\u201charmful interference\u201d 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 ;<\/p>\n<p>\u201cinsolvency related event\u201d in respect of a licensee means any of the following:<\/p>\n<p>(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;<\/p>\n<p>(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);<\/p>\n<p>(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);<\/p>\n<p>(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<\/p>\n<p>(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;<\/p>\n<p>\u201clicence\u201d 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;<\/p>\n<p>\u201clicensee\u201d means the holder of a licence for the time being in force;<\/p>\n<p>\u201cLicensing Regulations\u201d means the European Communities (Telecommunications Licences) Regulations, 1998 ( S.I. No. 96 of 1998 ) as amended;<\/p>\n<p>\u201cminimum loading criteria\u201d means criteria set down by the Commission to define the minimum usage of the frequency channel used by the FWA apparatus.<\/p>\n<p>\u201ctelecommunications licence\u201d means a licence under section 111 of the Act of 1983;<\/p>\n<p>\u201cterminal equipment\u201d 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);<\/p>\n<p>(2) In these Regulations \u2014<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(3) In these Regulations \u2014<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(4) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Regulations.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>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.<\/p>\n<p>Limitation of licence<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>Applications for licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>Addresses for notices<\/p>\n<p>6. (1) Where a licensee is domiciled in the European Union (the \u201cEU\u201d), 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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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&#8217;s fax system generates the message confirming successful transmission of the total number of pages of the notice or document.<\/p>\n<p>Form of licence<\/p>\n<p>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.<\/p>\n<p>Continuance in force of licences<\/p>\n<p>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.<\/p>\n<p>Renewal of licences<\/p>\n<p>9. (1) Subject to these Regulations, or any other law the Commission may renew a licence to which these Regulations apply.<\/p>\n<p>(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.<\/p>\n<p>(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\u2014<\/p>\n<p>(a) such a renewal fee as is specified in the Second Schedule,<\/p>\n<p>(b) the FWA apparatus record, and<\/p>\n<p>(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<\/p>\n<p>(4) In considering whether to renew a licence under this Regulation, the Commission shall have particular regard to\u2014<\/p>\n<p>(a) whether the licensee complied with these Regulations and with any conditions attached to the expiring licence pursuant to these Regulations;<\/p>\n<p>(b) the management and efficient use of radio spectrum;<\/p>\n<p>(c) the avoidance of harmful interference<\/p>\n<p>(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<\/p>\n<p>Licence fees<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) Fees shall be paid to the Commission for Communications Regulation by way of banker&#8217;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.<\/p>\n<p>Licence and conditions<\/p>\n<p>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:<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(f) the licensee shall comply with any loading criteria or roll-out plan that may be specified by the Commission in the licence;<\/p>\n<p>(g) the licensee shall ensure that\u2014<\/p>\n<p>(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 (\u201cICNIRP\u201d) 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<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(j) the licensee shall, where\u2014<\/p>\n<p>(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<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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\u2014<\/p>\n<p>(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<\/p>\n<p>(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;<\/p>\n<p>(n) the licensee shall\u2014<\/p>\n<p>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;<\/p>\n<p>(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.<\/p>\n<p>Information and inspections<\/p>\n<p>12. (1) A licensee shall\u2014<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(c) on request from an authorised officer, produce his or her licence for inspection by such officer;<\/p>\n<p>(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;<\/p>\n<p>(e) within 28 days after the occurrence of any of the following events notify the Commission of such an occurrence:<\/p>\n<p>(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<\/p>\n<p>(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<\/p>\n<p>such that a person or group of persons acting together\u2014<\/p>\n<p>(I) has acquired an interest of more than 20% on aggregate in the licensee; or<\/p>\n<p>(II) having an interest of more than 20% on aggregate in the licensee, has increased or decreased that interest;<\/p>\n<p>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;<\/p>\n<p>(f) (i) where the licensee is incorporated in the State:<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>(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&#8217;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.<\/p>\n<p>(b) Any costs associated with an independent audit conducted under this paragraph shall be the responsibility of the licensee.<\/p>\n<p>(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.<\/p>\n<p>Amendment, revocation and suspension of licence<\/p>\n<p>13. (1) The Commission may, in a proportionate manner, amend a licence where it is objectively justifiable.<\/p>\n<p>(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:<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(iii) where the licensee contravenes any provision of these Regulations;<\/p>\n<p>(iv) where the application made by the licensee for the grant or renewal of the licence was false or misleading in any material respect;<\/p>\n<p>(v) where, in the opinion of the Commission, such revocation or suspension is required for the purpose of complying with any law;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(ix) where the licensee agrees with the Commission that the licence ought to be revoked;<\/p>\n<p>(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;<\/p>\n<p>(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.<\/p>\n<p>Harmful interference<\/p>\n<p>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.<\/p>\n<p>Directions and notices<\/p>\n<p>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.<\/p>\n<p>(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<\/p>\n<p>Authorised officers<\/p>\n<p>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;<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Wireless Telegraphy Act, 1926<\/p>\n<p>Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003<\/p>\n<p>Licence under section 5 of the Wireless Telegraph Act, 1926 , to keep, have possession of, install, maintain, work and use Fixed Wireless Access Apparatus<\/p>\n<p>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<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>4. The licensee shall comply with the loading criteria set out in Part V of this First Schedule.<\/p>\n<p>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.<\/p>\n<p>PARTS<\/p>\n<p>PART I<\/p>\n<p>Licensee<\/p>\n<p>PART II<\/p>\n<p>Addresses for Notices<\/p>\n<p>PART III<\/p>\n<p>Description and Characteristics of Fixed Wireless Access Apparatus<\/p>\n<p>PART IV<\/p>\n<p>Technical Conditions for Fixed Wireless Access Apparatus<\/p>\n<p>PART V<\/p>\n<p>Minimum Loading Criteria, if applicable<\/p>\n<p>PART VI<\/p>\n<p>Roll-out Plan, if applicable<\/p>\n<p>PART VII<\/p>\n<p>Licence commencement and termination dates<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>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:<\/p>\n<p>Required Bandwidth<\/p>\n<p>Licence Fee (\u20ac)<\/p>\n<p>Up to 7MHz<\/p>\n<p>1500<\/p>\n<p>Over 7MHz and up to 14MHz<\/p>\n<p>2000<\/p>\n<p>Over 14MHz and up to 28MHz<\/p>\n<p>2800<\/p>\n<p>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:<\/p>\n<p>A x (B\/12) = C<\/p>\n<p>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.<\/p>\n<p>S.I. No. 338\/2003 &#8211;<\/p>\n<h2>Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations, 2003<\/h2>\n<p>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:<\/p>\n<p>Citation and Commencement<\/p>\n<p>1. (1) These Regulations may be cited as the Wireless telegraphy (Fixed Wireless Point to Multi-point Access Licence) (Amendment) (no.2) Regulations, 2003.<\/p>\n<p>(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.<\/p>\n<p>(3) These Regulations come into operation on 25 July 2003<\/p>\n<p>2. The Principal Regulations shall be amended by the deletion of Regulations 2 &#8211; 11 with the substitution of the following Regulations;.<\/p>\n<p>\u201cInterpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires &#8211;<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means that Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cApparatus\u201d 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;<\/p>\n<p>\u201cApplication\u201d means an application to the Commission for the grant of a Licence;<\/p>\n<p>\u201cAuthorisation Regulations\u201d mean European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. 306 of 2003);<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 9 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cFixed Wireless Point to Multi-point Access\u201d, or \u201cFWPMA\u201d, 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;<\/p>\n<p>\u201cFWPMA Network\u201d means a network for the provision of FWPMA;<\/p>\n<p>\u201cLicence\u201d 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;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence;<\/p>\n<p>\u201cPrincipal Regulations\u201d means Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence) Regulations (S.I. 287 of 1999);<\/p>\n<p>\u201cRadio Point to Multi-point Systems\u201d 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<\/p>\n<p>\u201cTelecommunications Network\u201d 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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>3. These Regulations apply to a Licence to keep, have possession of, install, maintain work and use Apparatus for FWPMA.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Notification of change of address<\/p>\n<p>5. Where the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change.<\/p>\n<p>Duration and Renewal of Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Conditions of Licences<\/p>\n<p>7. It shall be a condition of a Licence:<\/p>\n<p>1. that the Apparatus shall be used only for the purpose of the provision of the Authorised Services;<\/p>\n<p>2. that the apparatus shall be used only on such radio frequency channels as may be specified in the Licence;<\/p>\n<p>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;<\/p>\n<p>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 (\u201cICNIRP\u201d). 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;<\/p>\n<p>5. that the licensee shall comply with all commitments and obligations contained in Schedule 4 of its Licence;<\/p>\n<p>6. that the licensee will pay the fees set out in Regulation 10 of these Regulations and<\/p>\n<p>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.<\/p>\n<p>Amendment, Revocation And Suspension<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>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:<\/p>\n<p>(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:<\/p>\n<p>(i) a fee of \u20ac762 per MHz is payable on issue of the Licence;<\/p>\n<p>(ii) a fee of \u20ac1,333 per MHz is payable on first renewal;<\/p>\n<p>(iii) a fee of \u20ac1,905 per MHz is payable annually thereafter.<\/p>\n<p>(b) Where the licence concerned related to Apparatus used in the frequency band 24.5-26.5GHz, a fee of \u20ac500 per MHz is payable on issue of the licence on each subsequent renewal thereafter.<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B \u00f7 12)=C<\/p>\n<p>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.<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B \u00f7 12)=C<\/p>\n<p>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.<\/p>\n<p>(4) Additional fees may be levied by the Commission in accordance with the provisions of the Authorisation Regulations<\/p>\n<p>(5) The fee specified in this Regulation shall be paid to the Commission for Communications Regulation by way of banker&#8217;s draft or such other means and on such terms as the Commission may decide.<\/p>\n<p>(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.<\/p>\n<p>(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<\/p>\n<p>Licensee to satisfy all Legal Requirements.<\/p>\n<p>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.<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926 WIRELESS TELEGRAPHY (FIXED WIRELESS POINT TO MULTI-POINT ACCESS LICENCE) (Amendment) (No.2) REGULATIONS, 2003<\/p>\n<p>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.<\/p>\n<p>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 )<\/p>\n<p>The Commission for Communication Regulation, hereby grants the following Licence to: _________________________ of ____________________________ \/ having its registered office at ______________________<\/p>\n<p>1. The Licence shall come into operation on the ____ day of ____, ____, and unless previously revoked or renewed shall expire on the ____ day of _____, 20<\/p>\n<p>2. The Licensee shall ensure that it complies with the Technical and Geographical conditions contained in Schedules 1 &#8211; 3 of this licence;<\/p>\n<p>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;<\/p>\n<p>Schedule One<\/p>\n<p>The Apparatus.<\/p>\n<p>Schedule Two<\/p>\n<p>Portion of radio frequency spectrum on which the Apparatus is authorised by this Licence to be used.<\/p>\n<p>Schedule Three<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus<\/p>\n<p>Schedule Four<\/p>\n<p>Commitments which the Licensee made in the course of a competitive or comparative selection procedure.<\/p>\n<p>Given under the official seal of the Commission for Communications Regulation<\/p>\n<p>This 25 day of July 2003<\/p>\n<p>\/images\/en.si.2003.0338.0001.jpg<\/p>\n<p>On behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 23rd day of July 2003<\/p>\n<p>\/images\/en.si.2003.0338.0002.jpg<\/p>\n<p>Dermot Ahern, T.D.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>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.<\/p>\n<p>S.I. No. 530\/2003 &#8211;<\/p>\n<h2>Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003<\/h2>\n<p>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<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) (Amendment) Regulations, 2003.<\/p>\n<p>2. These Regulations and the Principal regulations should be construed together.<\/p>\n<p>Commencement Date<\/p>\n<p>3. These Regulations shall come into force on 1 November 2003.<\/p>\n<p>Interpretation<\/p>\n<p>4. (1) In these Regulations -\u201cthe Principal Regulations\u201d mean the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003 ( S.I. No. 79 of 2003 ).<\/p>\n<p>(2) In these Regulations \u201cthe licence\u201d mean the Wireless Telegraphy Fixed Wireless Access Local Area Licence as defined in Regulation 3 of the Principal Regulations.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Amendment of the Principal Regulations<\/p>\n<p>5. The Principal Regulations are amended as follows:<\/p>\n<p>(a) the insertion of a sub-paragraph (p) at Regulation 11,<\/p>\n<p>\u201c(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\u201d.<\/p>\n<p>Amendment of the Licence<\/p>\n<p>6 The licence is amended by the insertion of a condition 6;<\/p>\n<p>\u201c6. The licensee will comply with the commitments set out in Part VIII of this First Schedule.\u201d<\/p>\n<p>7 The licence is amended by the insertion of Part 8;<\/p>\n<p>\u201cPart VIII<\/p>\n<p>Commitments which the licensee made in the course of a competitive or comparative evaluation process\u201d<\/p>\n<p>Given under the Official Seal of the Commission for Communications Regulation this &#8230;. 6th&#8230;&#8230;&#8230;&#8230;..day of ..November&#8230;&#8230;&#8230; 2003.<\/p>\n<p>\/images\/en.si.2003.0530.0001.jpg<\/p>\n<p>___________________<\/p>\n<p>On behalf of The Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>Given under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this &#8230;.. 5th&#8230;&#8230;&#8230;&#8230;&#8230;day of .November&#8230;&#8230;&#8230;&#8230;&#8230; 2003.<\/p>\n<p>\/images\/en.si.2003.0530.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>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.<\/p>\n<p>S.I. No. 113\/2005 &#8211;<\/p>\n<h2>Wireless Telegraphy (Research and Development Licence) Regulations, 2005<\/h2>\n<p>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:<\/p>\n<p>Citation<\/p>\n<p>1. (1) These Regulations may be cited as the Wireless Telegraphy (Research and Development Licence) Regulations, 2005;<\/p>\n<p>(2) These Regulations will come into force on 1 March 2005.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cApparatus\u201d means apparatus for wireless telegraphy operating in specified frequency bands for the purpose of the provision of Research and Development;<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 7 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation established under the act of 2002;<\/p>\n<p>\u201cForce majeure event\u201d means any of the following:<\/p>\n<p>(a) fire, flood, earthquake, elements of nature or act of god;<\/p>\n<p>(b) riot, civil disorder or act of war; and<\/p>\n<p>(c) strikes or other industrial action (unless the action affects only the licensee);<\/p>\n<p>Research and Development\u201d 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;<\/p>\n<p>\u201cLicence\u201d 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;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence.<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Commission may grant a Licence in accordance with section 5 and section 6(2) of the Act of 1926.<\/p>\n<p>(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.<\/p>\n<p>Duration of Licences<\/p>\n<p>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.<\/p>\n<p>(2) Where a licence expires under Paragraph 1 of this regulation the licensee may apply for a new licence in accordance with Regulation 3.<\/p>\n<p>Conditions of Licences<\/p>\n<p>5. It shall be a condition of a Licence that:<\/p>\n<p>(1) the Licensee will ensure that it complies with the geographical and technical conditions contained within Parts 1 to 4 of the licence;<\/p>\n<p>(2) the Licensee will ensure that it makes payments of the fees as outlined in Regulation 9 of these regulations;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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 (\u201cICNIRP\u201d). 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;<\/p>\n<p>(8) if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(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;<\/p>\n<p>(12) the Licensee shall reimburse the Commission for any costs reasonably incurred in the investigation of harmful interference relating to the licensed apparatus;<\/p>\n<p>(13) the Licensee complies with obligations under relevant international agreements relating to the use of apparatus or the frequencies to which they are assigned.<\/p>\n<p>Withdrawal, amendment, revocation and suspension<\/p>\n<p>6. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>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.<\/p>\n<p>(2) Fees shall be paid to the Commission of Communications Regulation by way of banker&#8217;s draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide;<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Spectrum Fees<\/p>\n<p>9. The following fees shall apply on the grant of a Licence subject to Regulation 3(3):<\/p>\n<p>(1) Where the Licence relates to Apparatus for use for the purpose of Research and Development the Licensee shall pay \u20ac200 (two Hundred Euro) for a 12 month licence;<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B \u00f7 12) = C<\/p>\n<p>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.<\/p>\n<p>(3) Notwithstanding Paragraph (2), the minimum licence fee will be \u20ac100.<\/p>\n<p>Licensee to satisfy all Legal Requirements<\/p>\n<p>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.<\/p>\n<p>Force Majeure<\/p>\n<p>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:<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>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.<\/p>\n<p>Schedule<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926<\/p>\n<p>WIRELESS TELEGRAPHY (Research and Development Licence) REGULATIONS, 2005<\/p>\n<p>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.<\/p>\n<p>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)<\/p>\n<p>The Commission for Communications Regulation, grants the following Licence to: _____________________ of _________________________<\/p>\n<p>1. This Licence will come into operation on the _____ day of _____, 20__, and will expire on the ______ day of ______, 20<\/p>\n<p>2. The Licensee will ensure that it complies with the geographical and technical conditions contained within Parts 1 -4 to this Licence.<\/p>\n<p>3. The Licensee will ensure that it makes payments of the fees as outlined in the Regulations.<\/p>\n<p>Part 1<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.<\/p>\n<p>Part 2<\/p>\n<p>The apparatus for wireless telegraphy to which this Licence applies<\/p>\n<p>Part 3<\/p>\n<p>Radio frequency channels on which the Apparatus is authorised by this Licence to be used<\/p>\n<p>Part 4<\/p>\n<p>Specific Provisions<\/p>\n<p>GIVEN under the official seal of the Commission for Communications Regulation, this 1st day of March, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Isolde Goggin, Chairperson<\/p>\n<p>For and on behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 25th day of February, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Noel Dempsey T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<p>S.I. No. 114\/2005 &#8211;<\/p>\n<h2>Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005<\/h2>\n<p>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:<\/p>\n<p>Citation<\/p>\n<p>1. (1) These Regulations may be cited as the Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005.<\/p>\n<p>(2) These Regulations will come into force on 1 March 2005.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cApparatus\u201d means apparatus for wireless telegraphy operating in specified frequency bands for the purpose of the provision of a Third Party Trial Licence service;<\/p>\n<p>\u201cAuthorisation Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations, 2003 (S.I. 306 of 2003);<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 7 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cAuthorised Undertaking\u201d means an undertaking deemed authorised under Regulation 4 of S.I. 306 of 2003;<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation established under the act of 2002;<\/p>\n<p>\u201cFramework Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations, 2003 (S.I. 307 of 2003);<\/p>\n<p>\u201cForce majeure event\u201d means any of the following:<\/p>\n<p>(a) fire, flood, earthquake, elements of nature or act of god;<\/p>\n<p>(b) riot, civil disorder or act of war; and<\/p>\n<p>(c) strikes or other industrial action (unless the action affects only the licensee);<\/p>\n<p>\u201cLicence\u201d 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;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence;<\/p>\n<p>\u201cRestricted Remuneration\u201d 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;<\/p>\n<p>\u201cThird Party Participants\u201d means persons other than the licensee, its employees servants or agents who participate in the Third Party Trial;<\/p>\n<p>\u201cThird Party Trial\u201d 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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Commission may grant a Licence in accordance with the provisions of Regulation 9 of the Authorisation Regulations.<\/p>\n<p>(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.<\/p>\n<p>Duration of Licences<\/p>\n<p>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.<\/p>\n<p>(2) Where a licence expires under Paragraph 1 of this regulation the licensee may apply for a new licence in accordance with Regulation 3.<\/p>\n<p>Conditions of Licences<\/p>\n<p>5. It shall be a condition of a Licence that:<\/p>\n<p>(1) the Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1 and 3 to the licence;<\/p>\n<p>(2) the Licensee will ensure that it makes payments of the fees as outlined in Regulation 9 of these regulations;<\/p>\n<p>(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;<\/p>\n<p>(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 (\u201cICNIRP\u201d) 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;<\/p>\n<p>(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;<\/p>\n<p>(6) if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change;<\/p>\n<p>(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;<\/p>\n<p>(8) the Licensee complies with obligations under relevant international agreements relating to the use of apparatus or the frequencies to which they are assigned;<\/p>\n<p>(9) the Licensee shall reimburse the Commission for any costs reasonably incurred in the investigation of harmful interference relating to the licensed apparatus.<\/p>\n<p>Withdrawal, amendment, revocation and suspension<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>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.<\/p>\n<p>(2) Fees shall be paid to the Commission of Communications Regulation by way of banker&#8217;s draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Spectrum Fees<\/p>\n<p>9. The following fees shall apply on the grant of a Licence subject to Regulation 3(3):<\/p>\n<p>(1) Where the Licence relates to Apparatus for use for the provision of a Third Party Trial, the Licensee shall pay \u20ac500 (Five Hundred Euro) for a 12 month licence;<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B\u00f712) = C<\/p>\n<p>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;<\/p>\n<p>(3) Notwithstanding Paragraph (2), the minimum licence fee will be \u20ac100.<\/p>\n<p>Licensee to satisfy all Legal Requirements<\/p>\n<p>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.<\/p>\n<p>Force Majeure<\/p>\n<p>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:<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>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.<\/p>\n<p>Schedule<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926<\/p>\n<h2>WIRELESS TELEGRAPHY (THIRD PARTY TRIAL LICENCE) REGULATIONS, 2005<\/h2>\n<p>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<\/p>\n<p>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)<\/p>\n<p>The Commission for Communications Regulation, grants the following Licence to: ________________________ of _____________________________<\/p>\n<p>1. This Licence will come into operation on the ______ day of ______, 20__, and will expire on the _____ day of _____, 20 .<\/p>\n<p>2. The Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1-3 to this Licence.<\/p>\n<p>3. The Licensee will ensure that it makes payments of the fees as outlined in the Regulations.<\/p>\n<p>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.<\/p>\n<p>Part 1<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.<\/p>\n<p>Part 2<\/p>\n<p>The apparatus for wireless telegraphy to which this Licence applies<\/p>\n<p>Part 3<\/p>\n<p>Radio frequency channels on which the Apparatus is authorised by this Licence to be used<\/p>\n<p>Part 4<\/p>\n<p>Number of third party of participants.<\/p>\n<p>The number of third party participants shall not exceed.<\/p>\n<p>GIVEN under the official seal of the Commission for Communications Regulation, this 1st day of March, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Isolde Goggin, Chairperson<\/p>\n<p>For and on behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 25th day of February, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Noel Dempsey T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>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.<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 114\/2005 &#8211;<\/p>\n<h2>Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005<\/h2>\n<p>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:<\/p>\n<p>Citation<\/p>\n<p>1. (1) These Regulations may be cited as the Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005.<\/p>\n<p>(2) These Regulations will come into force on 1 March 2005.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cApparatus\u201d means apparatus for wireless telegraphy operating in specified frequency bands for the purpose of the provision of a Third Party Trial Licence service;<\/p>\n<p>\u201cAuthorisation Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations, 2003 (S.I. 306 of 2003);<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 7 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cAuthorised Undertaking\u201d means an undertaking deemed authorised under Regulation 4 of S.I. 306 of 2003;<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation established under the act of 2002;<\/p>\n<p>\u201cFramework Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations, 2003 (S.I. 307 of 2003);<\/p>\n<p>\u201cForce majeure event\u201d means any of the following:<\/p>\n<p>(a) fire, flood, earthquake, elements of nature or act of god;<\/p>\n<p>(b) riot, civil disorder or act of war; and<\/p>\n<p>(c) strikes or other industrial action (unless the action affects only the licensee);<\/p>\n<p>\u201cLicence\u201d 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;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence;<\/p>\n<p>\u201cRestricted Remuneration\u201d 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;<\/p>\n<p>\u201cThird Party Participants\u201d means persons other than the licensee, its employees servants or agents who participate in the Third Party Trial;<\/p>\n<p>\u201cThird Party Trial\u201d 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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Commission may grant a Licence in accordance with the provisions of Regulation 9 of the Authorisation Regulations.<\/p>\n<p>(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.<\/p>\n<p>Duration of Licences<\/p>\n<p>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.<\/p>\n<p>(2) Where a licence expires under Paragraph 1 of this regulation the licensee may apply for a new licence in accordance with Regulation 3.<\/p>\n<p>Conditions of Licences<\/p>\n<p>5. It shall be a condition of a Licence that:<\/p>\n<p>(1) the Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1 and 3 to the licence;<\/p>\n<p>(2) the Licensee will ensure that it makes payments of the fees as outlined in Regulation 9 of these regulations;<\/p>\n<p>(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;<\/p>\n<p>(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 (\u201cICNIRP\u201d) 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;<\/p>\n<p>(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;<\/p>\n<p>(6) if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change;<\/p>\n<p>(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;<\/p>\n<p>(8) the Licensee complies with obligations under relevant international agreements relating to the use of apparatus or the frequencies to which they are assigned;<\/p>\n<p>(9) the Licensee shall reimburse the Commission for any costs reasonably incurred in the investigation of harmful interference relating to the licensed apparatus.<\/p>\n<p>Withdrawal, amendment, revocation and suspension<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>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.<\/p>\n<p>(2) Fees shall be paid to the Commission of Communications Regulation by way of banker&#8217;s draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Spectrum Fees<\/p>\n<p>9. The following fees shall apply on the grant of a Licence subject to Regulation 3(3):<\/p>\n<p>(1) Where the Licence relates to Apparatus for use for the provision of a Third Party Trial, the Licensee shall pay \u20ac500 (Five Hundred Euro) for a 12 month licence;<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B\u00f712) = C<\/p>\n<p>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;<\/p>\n<p>(3) Notwithstanding Paragraph (2), the minimum licence fee will be \u20ac100.<\/p>\n<p>Licensee to satisfy all Legal Requirements<\/p>\n<p>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.<\/p>\n<p>Force Majeure<\/p>\n<p>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:<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>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.<\/p>\n<p>Schedule<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926<\/p>\n<p>WIRELESS TELEGRAPHY (THIRD PARTY TRIAL LICENCE) REGULATIONS, 2005<\/p>\n<p>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<\/p>\n<p>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)<\/p>\n<p>The Commission for Communications Regulation, grants the following Licence to: ________________________ of _____________________________<\/p>\n<p>1. This Licence will come into operation on the ______ day of ______, 20__, and will expire on the _____ day of _____, 20 .<\/p>\n<p>2. The Licensee will ensure that it complies with the geographical and technical conditions contained within the Parts 1-3 to this Licence.<\/p>\n<p>3. The Licensee will ensure that it makes payments of the fees as outlined in the Regulations.<\/p>\n<p>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.<\/p>\n<p>Part 1<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.<\/p>\n<p>Part 2<\/p>\n<p>The apparatus for wireless telegraphy to which this Licence applies<\/p>\n<p>Part 3<\/p>\n<p>Radio frequency channels on which the Apparatus is authorised by this Licence to be used<\/p>\n<p>Part 4<\/p>\n<p>Number of third party of participants.<\/p>\n<p>The number of third party participants shall not exceed.<\/p>\n<p>GIVEN under the official seal of the Commission for Communications Regulation, this 1st day of March, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Isolde Goggin, Chairperson<\/p>\n<p>For and on behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 25th day of February, 2005<\/p>\n<p>\/images\/seal.jpg<\/p>\n<p>Noel Dempsey T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>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.<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 339\/2003 &#8211;<\/p>\n<h2>Wireless Telegraphy (Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003<\/h2>\n<p>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<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (GSM Mobile Telephony Licence (Amendment) Regulations 2003<\/p>\n<p>2. The Principal Regulations and these Regulations may be cited together as the Wireless Telegraphy (GSM Mobile Telephony Licence) Regulations, 1999 and 2003 and shall be construed together as one.<\/p>\n<p>3. These Regulations will come into force 25 July 2003.<\/p>\n<p>4. The Principal Regulations are amended by substituting for Regulations 2 &#8211; 8 the following;<\/p>\n<p>\u201cInterpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:-<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means the Wireless Telegraphy Act, 1972 (No.5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No.20 of 2002);<\/p>\n<p>\u201cApparatus\u201d means apparatus for wireless telegraphy operating in the 900 MHz frequency band and\/or in the 1800 MHz frequency band for the purpose of the provision of a mobile telephony service and, in relation to a Licence, means apparatus to which the Licence relates;<\/p>\n<p>\u201cAuthorisation Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. 306 of 2003<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 7 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cAuthorised Undertaking\u201d means an undertaking deemed to be Authorised under Regulation 4 of S.I. 306 of 2003<\/p>\n<p>\u201cGSM and TACS Regulations\u201d means the Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations, 1997 ( S.I. No. 468 of 1997 );<\/p>\n<p>\u201cGSM mobile telephony service\u201d means a service consisting of the provision of a mobile telephony service of the kind referred to in the Annex to Council Recommendation 87\/371\/EEC of 25 June 1987* , that is to say, a pan-European, cellular, digital, land-based, mobile telephony service provided in the 900 MHz frequency band and\/or a GSM1800 cellular, land based, public mobile telephony service of the kind referred to in the European Commission Communication of 23rd November 1994, and conforming with the standard known as GSM and with the GSM Technical Specifications of the European Telecommunications Standards Institute, published by the National Standards Authority of Ireland and providing international roaming capability;<\/p>\n<p>\u201cLicence\u201d 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 Person under Regulation of S.I 2003;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence;<\/p>\n<p>\u201cmobile telephony service\u201d means a GSM mobile telephony service and<\/p>\n<p>\u201cPrincipal Regulations\u201d means Wireless Telegraphy (GSM and TACS Licence) Regulations (S.I 442 of 1999).<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>3. (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 or in a form to the like effect.<\/p>\n<p>(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.<\/p>\n<p>(3) The Commission may grant a Licence in accordance with the provisions of Regulation of the Authorisation Regulations.<\/p>\n<p>(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.<\/p>\n<p>Duration and Renewal of Licences<\/p>\n<p>4. (1) A Licence that has not been renewed shall (unless it has been revoked) be in force for the period of one year from the date on which it comes into operation and, unless renewed, shall then expire.<\/p>\n<p>(2) Notwithstanding paragraph (1) of these Regulations where the licensee is a holder of a licence under these Regulations that licence shall not be renewed on the 16 anniversary after the first grant of the licence and shall then expire.<\/p>\n<p>(3) A Licence may be renewed from time to time by the Commission under paragraph (4) of this Regulation.<\/p>\n<p>(4) On application in writing by or on behalf of a Licensee to the Commission before the expiration of his or her Licence, the Commission may, by notice in writing given to the Licensee or sent to the Licensee at the address of the Licensee specified in the Licence or notified to the Commission by the Licensee in accordance with the Licence, renew the Licence for the period of one year from the day following the expiration of the last previous period during which it was in force. 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.<\/p>\n<p>(5) Notwithstanding paragraphs (1) and (2) of this Regulation, a Licence that is granted or renewed on or after the 16th day of May 2010, shall, where the Licensee was the holder of a licence under the GSM and TACS Regulations, 1997 expire on the 15th day of May, 2011.<\/p>\n<p>Conditions of Licences<\/p>\n<p>5. It shall be a condition of a Licence:-<\/p>\n<p>1. that the Licensee shall ensure that it complies with the geographical and technical conditions contained within the schedules 1-3 to its licence;<\/p>\n<p>2. that the licensee shall ensure that it complies with all the commitments contained within Schedule 4 of the licence being made by the licensee in the course of a comparative evaluation selection procedure;<\/p>\n<p>3. that the Licensee shall 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;<\/p>\n<p>4. that the Licensee shall ensure that non-ionising radiation emissions from each radio installation associated with the mobile telephony 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 (\u201cICNIRP\u201d) 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 specified by the European Union and that a mobile telephony system 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 sucessors 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;<\/p>\n<p>5. that the licensee shall pay all fees due to the Commission in the manner prescribed under these Regulations;<\/p>\n<p>6. that if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Commission in writing of the change.<\/p>\n<p>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.<\/p>\n<p>Enforcement, amendment, revocation and suspension<\/p>\n<p>6. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made subject to and in accordance with the Authorisation Regulations, and any other requirements under applicable national or European Community law.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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;<\/p>\n<p>(2) A person appointed under paragraph (1) shall, on its appointment, be furnished by the Commission with a certificate of its 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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>8. (1) Subject to paragraph (2) of this Regulation, the following fees are hereby prescribed in relation to Licences for the purposes of section 6 of the Act of 1926:-<\/p>\n<p>(a) If the Licence relates to Apparatus for use for the provision of a GSM mobile telephony service then the Licensee shall pay:-<\/p>\n<p>(i) in respect of each 200 KHz duplex radio frequency channel in the 900 MHz frequency band specified in the Licence, a fee of \u20ac25,395<\/p>\n<p>and<\/p>\n<p>(ii) in respect of each 200 KHz duplex radio frequency channel in the 1800 MHz frequency band specified in the Licence, a fee of:-<\/p>\n<p>1. \u20ac12,697 per channel in respect of the first block of 24 channels;<\/p>\n<p>2. \u20ac19,046 per channel in respect of the second block of 24 channels;<\/p>\n<p>3. \u20ac25,395 per channel in respect of the third block of 24 channels.<\/p>\n<p>(b) Where the Licensee has not been the holder of a licence under the GSM and TACS Regulations, the fees set out in paragraph (a) of this Regulation shall be subject to a discount of 50% on the granting and on the first renewal of the Licence.<\/p>\n<p>(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:<\/p>\n<p>A \u00d7 (B \u00f7 12)=C<\/p>\n<p>where A is the appropriate annual fee as set out in Regulation 8.1; B is the number of whole months for which the Licence is granted; and C is the appropriate Licence fee to be paid.<\/p>\n<p>(3) The fee specified in paragraphs (1) and (2) of this Regulation shall be paid to the Commission for Communications Regulation by way of banker&#8217;s draft or such other means and on such terms as the Commission may decide.<\/p>\n<p>(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 this Regulation.<\/p>\n<p>(5) If a Licence is amended by the addition of a radio frequency channel to those specified in the Licence on which the Apparatus may be used, the appropriate fee specified in paragraph (1) of this Regulation in relation to such channel (reduced to an amount that bears to the full amount of the fee the same proportion as the unexpired period of the Licence on the date of the amendment bears to a year) shall be paid.<\/p>\n<p>(6) 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.<\/p>\n<p>(7) 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.<\/p>\n<p>SCHEDULE<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926 WIRELESS TELEGRAPHY (GSM MOBILE TELEPHONY LICENCE) (AMENDMENT) REGULATIONS, 2003<\/p>\n<p>Licence under section 5 of the Wireless Telegraphy Act, 1926 , to keep and have possession of apparatus for wireless telegraphy for the purpose of the provision of a GSM mobile telephony service<\/p>\n<p>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 (GSM Mobile Telephony licence)(Amendment) Regulations, 2003 ( S.I. No. 339 of 2003 ),<\/p>\n<p>The Commissioner for Communications Regulation, hereby grants the following Licence to:<\/p>\n<p>______________________ of ________________________________<\/p>\n<p>1. This Licence shall come into operation on and unless previously revoked shall expire on the ____ day of ___ 20 __,<\/p>\n<p>2. The Licensee shall ensure that it complies with the geographical and technical conditions contained within the First \u2014 Third schedules to this licence<\/p>\n<p>3. The licensee shall ensure that it complies with all the commitments contained within Schedule 4 of the licence being made by the licensee in the course of a comparative evaluation selection procedure.<\/p>\n<p>Schedule 1<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.<\/p>\n<p>Schedule 2<\/p>\n<p>The apparatus for wireless telegraphy to which this Licence applies.<\/p>\n<p>Schedule 3<\/p>\n<p>Radio frequency channels on which the Apparatus is authorised by this Licence to be used.<\/p>\n<p>Schedule 4<\/p>\n<p>Commitments which the Licensee obtaining the licence has made in the course of a competitive or comparative selection procedure.<\/p>\n<p>GIVEN under the officical seal of the Commission for Communications Regulation this 25 day of July 2003<\/p>\n<p>\/images\/en.si.2003.0339.0001.jpg<\/p>\n<p>On behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications Marine and Natural Resources this 23rd day of July 2003<\/p>\n<p>\/images\/en.si.2003.0339.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the issue of licences for apparatus for wireless telegraphy used solely for the purpose of providing GSM mobile telephony services, for the regulation of such apparatus and for the payment of fees by persons granted licences for that purpose.<\/p>\n<p>* OJ No J 196, 17\/7\/87, p. 35<br \/>\nS.I. No. 340\/2003 &#8211;<\/p>\n<p>&nbsp;<\/p>\n<h2>Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003<\/h2>\n<p>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:<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations, 2003.<\/p>\n<p>2. The Principal Regulations and these Regulations may be cited together as the Wireless Telegraphy (Third Generation and GSM Licence) Regulations, 2002 and 2003 and shall be construed together as one.<\/p>\n<p>3. These Regulations will come into force on 25 July 2003.<\/p>\n<p>4. The Principal Regulations are amended as follows by substituting regulations 2 to 12 with the following regulations;<\/p>\n<p>\u201cInterpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires:<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 1972\u201d means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cAuthorised Undertaking\u201d means an undertaking deemed authorised under Regulation 4 of S.I. 306 of 2003<\/p>\n<p>\u201cAuthorisation Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. 306 of 2003);<\/p>\n<p>\u201cApparatus\u201d means apparatus for wireless telegraphy operating in the 1900 MHz, 2000 MHz and 2100 MHz frequency bands for the purpose of the provision of a Third Generation mobile telephony service and in the 900 MHz and 1800 MHz frequency bands for the purpose of the provision of a GSM mobile telephony service and, in relation to a Licence means apparatus to which the Licence relates;<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 7 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cEURIBOR\u201d means the rate at which euro interbank term deposits are offered within the European Monetary Union zone by one prime bank to another, and in relation to any payment a reference to the prevailing EURIBOR means the rate prevailing at close of business on the date on which payment falls due;<\/p>\n<p>\u201cGSM and TACs Regulations\u201d means the Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations, 1997 ( S.I. No. 448 of 1997 );<\/p>\n<p>\u201cGSM mobile telephony service\u201d means a service consisting of the provision of a mobile telephony service of the kind referred to in the Annex to Council Recommendation 87\/371\/EEC of 25 June 1987* , that is to say, a pan-European, cellular, digital, land-based mobile telephony service provided in either the 900 MHz frequency band and a 1800 MHz cellular, land based, public mobile telephony service of the kind referred to in the European Commission Communication of 23 November 1994, and conforming with the standard known as GSM and with the GSM Technical Specifications of the European Telecommunications Standards Institute, published by the National Standards Authority of Ireland and capable of providing international roaming capability;<\/p>\n<p>\u201cLicence\u201d 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 under Regulation 4 of S.I 306 of 2003 authorising the provision of a mobile telephony service, and \u201cA Licence\u201d and \u201cB Licence\u201d have the meaning described in the tender documents published by the Office of the Director for Telecommunications Regulation in December 2001 as documents ODTR no. 01\/99 and no. 01\/100;<\/p>\n<p>\u201cLicensee\u201d means the holder of a Licence;<\/p>\n<p>\u201cMobile telephony service\u201d means a GSM and Third Generation mobile telephony service;<\/p>\n<p>\u201cPrincipal Regulations\u201d means the Wireless Telegraphy (Third Generation and GSM Licence) Regulations (S.I. 345 of 2002);<\/p>\n<p>\u201cUMTS Decision\u201d means Decision No. 128\/1999\/EC of the European Parliament and of the Council of 14 December 19981 on the co-ordinated introduction of a third generation mobile and wireless communications system in the Community and<\/p>\n<p>\u201cThird Generation mobile telephony service\u201d means a mobile and wireless communications system based on a standard within the IMT-2000 system capable of supporting innovative multimedia services beyond the capability of second generation systems such as GSM, and capable of supporting the characteristics referred to in Annex 1 of the UMTS Decision.<\/p>\n<p>(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.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Application for Licences and Form of Applications and Licences<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(3) The Commission may grant a Licence in accordance with the provisions of Regulation of the Authorisation Regulations.<\/p>\n<p>(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.<\/p>\n<p>Duration and Renewal of Licences<\/p>\n<p>4. (1) A Licence that has not been renewed shall (unless it has been revoked) be in force for the period of one year from the date on which it comes into operation and, unless renewed, shall then expire.<\/p>\n<p>(2) Notwithstanding paragraph (1) of these Regulations where the licensee is a holder of a licence under these Regulations that licence shall not be renewed on the 21st anniversary after the first grant of the licence and shall then expire.<\/p>\n<p>(3) A Licence may be renewed from time to time by the Commission under paragraph (4) of this Regulation.<\/p>\n<p>(4) On application in writing by or on behalf of a Licensee to the Commission before the expiration of his or her Licence, the Commission may, by notice in writing given to the Licensee or sent to the Licensee at the address of the Licensee specified in the Licence or notified to the Commission by the Licensee in accordance with the Licence renew the Licence for the period of one year from the day following the expiration of the last previous period during which it was in force. 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.<\/p>\n<p>(5) Notwithstanding paragraphs (1) of this Regulation, a provision contained within any Licence issued for the use of apparatus in the 900 MHz and 1800 MHz frequency bands that is granted or renewed on or after the 16th day of May, 2010, shall where the Licensee was the holder of a Licence containing such a provision under the GSM and TACS Regulations, expire on the 15th day of May, 2011.<\/p>\n<p>Conditions of Licences<\/p>\n<p>5. It shall be a condition of a Licence:<\/p>\n<p>1. that Licensee will ensure that it complies with the geographical and technical conditions contained within the Schedules one &#8211; 3 to this licence;<\/p>\n<p>2. that Licensee will ensure that it makes payments of the spectrum access fees as outlined in the Regulations;<\/p>\n<p>3. that licensee will ensure it complies with all the commitments contained within Schedule 5 of the licence being made by the licensee in the course of a comparative evaluation selection procedure;<\/p>\n<p>4. that 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;<\/p>\n<p>5. that the Licensee shall ensure that non-ionising radiation emissions from each radio installation associated with the mobile telephony 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 (\u201cICNIRP\u201d). 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 a mobile telephony system 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;<\/p>\n<p>6. that if the address of the Licensee changes, the Licensee shall, as soon as possible notify the Commission in writing of the change;<\/p>\n<p>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.<\/p>\n<p>Enforcement, amendment, revocation and suspension<\/p>\n<p>6 (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made subject to and in accordance with the Authorisation Regulations, and any other requirements under applicable national or European Community law.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>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.<\/p>\n<p>(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.<\/p>\n<p>(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.<\/p>\n<p>Fees<\/p>\n<p>8. (1) Subject to the methods of payment set out in this Regulation, the fees set out in Regulations 9 to 11 are payable in respect of Licences granted by the Commission pursuant to section 5 of the Act of 1926;<\/p>\n<p>(2) Where the licensee was granted an \u201cA\u201d licence the fees set out below for the \u201cA\u201d licence shall be payable to the Commission in the manner set out below and where the Licensee was granted a \u201cB\u201d licence the fees set out below shall be payable to the Commission in the manner set out below;<\/p>\n<p>(3) Fees shall be paid to the Commission of Communications Regulation by way of banker&#8217;s draft or such other means and on such terms (including terms as to the 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;<\/p>\n<p>(4) 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;<\/p>\n<p>(5) 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;<\/p>\n<p>(6) Where payment is not made in due time, interest shall accrue from the due date until the date on which payment is effected at the prevailing EURIBOR plus five percentage points;<\/p>\n<p>(7) The Commission may revoke the Licence if the bank, financial institution or equivalent that has provided the guarantee under paragraph (2)(ii) of Regulation 9, no longer holds the rating stated, unless the Licensee within a period of two months after the change in rating makes arrangements for the provision of another guarantee.<\/p>\n<p>Spectrum access fees and guarantee for Spectrum in the 1920-1980 MHz and 2110-2170 MHz Frequency bands<\/p>\n<p>9. (1) The following provisions shall apply where the Commission offers a Licence to an applicant on foot of a competitive tender;<\/p>\n<p>(2) Where an applicant has received notification of the Commission&#8217;s intention to award a Licence to that applicant, the applicant shall, not later than 15 days after receipt of such notification:<\/p>\n<p>(i) make an initial payment of \u20ac12,700,000 for the A Licence, or \u20ac44,400,000 for the B Licence, as part payment of the spectrum access Licence fee due under paragraph 8;<\/p>\n<p>(ii) make arrangements for a guarantee payable on demand in favour of the Commission, and in a form defined by it, for an amount equivalent to the sum of the instalments under paragraphs 8 to 10 for the first 5 years of the Licence (if the Licence is renewed). The guarantee shall be valid for five years from the date of the award of the Licence. The guarantee shall be issued by a bank, investment bank, financial institution, insurance company or similar, which neither controls, nor is controlled by, the applicant, nor is controlled by a person who controls the applicant, and which is registered in the European Economic Area and has a minimum long-term debt A rating from Standard &amp; Poors or A2 from Moody&#8217;s Investors Service Limited.<\/p>\n<p>(3) Subject to the provisions of paragraph (4), if the applicant fails to comply with the requirements as set out in paragraph (2), the applicant will not be awarded any Licence.<\/p>\n<p>(4) Where the applicant fails to meet the terms of paragraph (2) within the time limits prescribed, the Commission may, at its discretion, grant the applicant an extension of the time limit in order to allow the applicant to correct the matter.<\/p>\n<p>(5) Where the applicant is granted an extension of the time limit under paragraph (4), interest will be charged on the payment due under paragraph (1), from the date on which the payment was first due until payment is effected, at the prevailing EURIBOR plus 5 percentage points.<\/p>\n<p>(6) Where, on being granted an extension of the time limit under paragraph (4) the applicant still fails to meet the conditions set out in Paragraph (2), the applicant will not be awarded any Licence.<\/p>\n<p>(7) The Licensee shall at all times ensure that the guarantee referred to in paragraph 2(ii) remains in place subject to the conditions described in that paragraph and shall inform the Commission within three working days if the guarantor loses the credit rating specified. Paragraph (6) of Regulation 8 shall apply if this occurs.<\/p>\n<p>(8) Where the Licensee was granted an \u201cA\u201d Licence, it shall pay the total sum of \u20ac50,700,000 in the manner set out in Table A. Where the Licensee was granted a \u201cB\u201d Licence, it shall pay the total sum of \u20ac114,300,000 in the manner set out in Table B. For the avoidance of doubt, the sums referred to in this paragraph include the sums referred to in paragraph 2(i).<\/p>\n<p>(9) Once the Licensee has paid the sum referred to in paragraph 2(i) it shall pay a sum of \u20ac2,500,000 on the sixth anniversary of the date of notification by the Commission that he or she has been awarded a Licence (in the case of an \u201cA\u201d Licence) or else pay the sum of \u20ac3,800,000 on the fourth anniversary of the date of notification by the Commission that he or she has been awarded a Licence (in the case of a \u201cB\u201d Licence).<\/p>\n<p>(10) Thereafter further sums shall fall due for payment on the date falling one year from the date referred to in paragraph 9 until the total amount has been paid. For the avoidance of doubt, and as provided in paragraph 4 of Regulation 8, the sums due shall remain payable notwithstanding the revocation or suspension of the Licence.<\/p>\n<p>Table A<\/p>\n<p>Y0<\/p>\n<p>Y1<\/p>\n<p>Y2<\/p>\n<p>Y3<\/p>\n<p>Y4<\/p>\n<p>Y5<\/p>\n<p>Y6<\/p>\n<p>Y7<\/p>\n<p>Y8<\/p>\n<p>Y9<\/p>\n<p>Y10<\/p>\n<p>Y11<\/p>\n<p>Y12<\/p>\n<p>Y13<\/p>\n<p>Y14<\/p>\n<p>Y15<\/p>\n<p>Total Fee<\/p>\n<p>Fee (\u20acm)<\/p>\n<p>12.7<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>2.5<\/p>\n<p>2.5<\/p>\n<p>2.5<\/p>\n<p>2.5<\/p>\n<p>2.5<\/p>\n<p>5.1<\/p>\n<p>5.1<\/p>\n<p>5.1<\/p>\n<p>5.1<\/p>\n<p>5.1<\/p>\n<p>50.7<\/p>\n<p>Table B<\/p>\n<p>Y0<\/p>\n<p>Y1<\/p>\n<p>Y2<\/p>\n<p>Y3<\/p>\n<p>Y4<\/p>\n<p>Y5<\/p>\n<p>Y6<\/p>\n<p>Y7<\/p>\n<p>Y8<\/p>\n<p>Y9<\/p>\n<p>Y10<\/p>\n<p>Y11<\/p>\n<p>Y12<\/p>\n<p>Y13<\/p>\n<p>Y14<\/p>\n<p>Y15<\/p>\n<p>Total Fee<\/p>\n<p>Fee (\u20acm)<\/p>\n<p>44.4<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>0<\/p>\n<p>3.8<\/p>\n<p>3.8<\/p>\n<p>3.8<\/p>\n<p>3.8<\/p>\n<p>3.8<\/p>\n<p>3.8<\/p>\n<p>7.6<\/p>\n<p>7.6<\/p>\n<p>7.6<\/p>\n<p>7.6<\/p>\n<p>7.6<\/p>\n<p>8.9<\/p>\n<p>114.3<\/p>\n<p>Spectrum Access Fees for additional spectrum in the 900 and 1800 MHz frequency bands<\/p>\n<p>10. (1) The Commission may offer additional spectrum in the 900 and 1800 MHz frequency bands to a Licensee under the circumstances outlined in the tender documents (ODTR documents 01\/99 and 01\/100) and as clarified in the Questions and Answer phase referred to in section 3.3 of the above tender documents.<\/p>\n<p>(2) If the Commission awards additional spectrum to host Mobile Virtual Network Operators the Licensee shall pay a maximum of \u20ac8,920,000 for a maximum 2 \u00d7 5.2 MHz in the 900 MHz frequency band. If the Commission assigns less spectrum than the amount described in the previous sentence, the fee payable by Licensee shall be reduced pro rata.<\/p>\n<p>(3) Where a Licensee is not the holder of a Licence under the GSM and TACS Regulations the Commission may award additional spectrum to that Licensee. The following maximum spectrum allocations and the corresponding fees shall apply:<\/p>\n<p>a. \u20ac12,350,000 for 2 \u00d7 7.2 MHz in the 900 MHz frequency band;<\/p>\n<p>b. \u20ac3,970,000 for 2 \u00d7 6.0 MHz in the 1800 MHz frequency band.<\/p>\n<p>(4) For the avoidance of doubt, the spectrum in paragraph 3 may be divided between several Licensees, and a Licensee may not wish to take the full allocation which may be open to it. If the Commission assigns a smaller amount of spectrum to the Licensee than the maximum provided in paragraph 3, the fee payable by Licensee shall be reduced pro rata.<\/p>\n<p>Annual Spectrum Fees<\/p>\n<p>11. (1) The following fees shall apply each time a Licence is granted or renewed for the duration of the Licence subject to Regulation 4(2) where the Commission offers a Licence to a Licensee on foot of a competitive tender.<\/p>\n<p>(2) Where the Licence relates to Apparatus for use for the provision of a GSM mobile telephony service the Licensee shall pay:<\/p>\n<p>(a) in respect of each 200 KHz duplex radio frequency channel in the 900 MHz frequency band specified in the Licence, a fee of \u20ac25,395.<\/p>\n<p>(b) in respect of each 200 KHz duplex radio frequency channel in the 1800 MHz frequency band specified in the Licence a fee of:<\/p>\n<p>i. \u20ac12,697 per channel in respect of the first block of 24 channels;<\/p>\n<p>ii. \u20ac19,046 per channel in respect of the second block of 24 channels;<\/p>\n<p>iii. \u20ac25,395 per channel in respect of the third block of 24 channels.<\/p>\n<p>(3) Where the Licence relates to Apparatus for use for the provision of a third generation mobile telephony service the Licensee shall pay:<\/p>\n<p>(a) in respect of each 2 \u00d7 5 MHz in the 1920-1980 MHz and 2110-2170 MHz bands, a Licence fee of \u20ac634,870.<\/p>\n<p>(b) in respect of each 5 MHz in the unpaired 1900-1920 MHz and 2020-2025 MHz bands, a Licence fee of \u20ac317,435.<\/p>\n<p>(4) Where the Licence relates to Apparatus for the provision of both a GSM mobile telephony service and a third generation mobile telephony service then the Licensee shall pay both the appropriate fee set out in paragraph 2 and the appropriate fee set out in paragraph 3 above.<\/p>\n<p>(5) 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:<\/p>\n<p>A \u00d7 (B \u00f7 12) = C<\/p>\n<p>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.<\/p>\n<p>(6) If a Licence is amended by the addition of a radio frequency channel to those specified in the Licence on which the Apparatus may be used, the appropriate fee as specified in paragraphs (2) and (3) of this Regulation in relation to such channel (reduced to an amount that bears to the full amount of the fee the same proportion as the unexpired period of the Licence on the date of the amendment bears to a year) shall be paid.<\/p>\n<p>(7) The fees set out in paragraphs 2 and 3 shall be subject to a discount of 50 percentage points on the granting and on the first renewal of the Licence.<\/p>\n<p>Licensee to satisfy all Legal Requirements.<\/p>\n<p>12. 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.<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926<\/p>\n<p>WIRELESS TELEGRAPHY (THIRD GENERATION AND GSM MOBILE TELEPHONY LICENCE) (AMENDMENT) REGULATIONS, 2003<\/p>\n<p>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 3G and GSM mobile telephony<\/p>\n<p>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 Generation and GSM Mobile Telephony Licence)(Amendment) Regulations, 2003 ( S.I. No. 340 of 2003 )<\/p>\n<p>The Commission for Communications Regulation, grants the following Licence to: __________________ of ____________________________<\/p>\n<p>1. This Licence will come into operation on the _____ day of _____, 20__, and unless previously revoked or renewed will expire on the _____ day of _____,<\/p>\n<p>2. The Licensee will ensure that it complies with the geographical and technical conditions contained within the First &#8211; third schedules to this Licence;<\/p>\n<p>3. The Licensee will ensure that it makes payments of the spectrum access fees as outlined in the Regulations;<\/p>\n<p>4. The Licensee will ensure that it complies with all the commitments contained within Schedule 5 of the Licence being made by the Licensee in the course of a comparative evaluation selection procedure<\/p>\n<p>Schedule 1<\/p>\n<p>Places at which the Licensee is authorised by this Licence to keep and have possession of the Apparatus.<\/p>\n<p>Schedule 2<\/p>\n<p>The apparatus for wireless telegraphy to which this Licence applies<\/p>\n<p>Schedule 3<\/p>\n<p>Radio frequency channels on which the Apparatus is authorised by this Licence to be used<\/p>\n<p>Schedule 4<\/p>\n<p>Payment of spectrum access fee<\/p>\n<p>Schedule 5<\/p>\n<p>Commitments which the Licensee made in the course of a competitive or comparative selection procedure<\/p>\n<p>GIVEN under the official seal of the Commission for Communications Regulation, this day of 25 July, 2003<\/p>\n<p>\/images\/en.si.2003.0340.0001.jpg<\/p>\n<p>For and on behalf of the Commission for Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 23rd day of July, 2003<\/p>\n<p>\/images\/en.si.2003.0340.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<p>EXPLANATORY NOTE<\/p>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the issue of Licences for apparatus for wireless telegraphy used solely for the purpose of providing Third Generation and GSM mobile telephony services, for the regulation of such apparatus and for the payment of fees by persons granted Licences for that purpose.<\/p>\n<p>* OJ No J 196, 17\/7\/87, p. 35<\/p>\n<p>1 Official Journal L017, 22\/01\/1999 p. 0001 &#8211; 0007.<\/p>\n<p>S.I. No. 348\/1999 &#8212;<\/p>\n<h2>Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations, 1999.<\/h2>\n<p>STATUTORY INSTRUMENTS.<\/p>\n<p>S.I. No. 348 of 1999.<\/p>\n<p>WIRELESS TELEGRAPHY (UHF TELEVISION PROGRAMME RETRANSMISSION) REGULATIONS, 1999.<\/p>\n<p>S.I. No. 348 of 1999.<\/p>\n<p>WIRELESS TELEGRAPHY (UHF TELEVISION PROGRAMME RETRANSMISSION) REGULATIONS, 1999.<\/p>\n<p>I, ETAIN DOYLE, Director of Telecommunications Regulation, in exercise of the powers conferred on me by section 6(1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) , and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 ( No. 34 of 1996 ), as adapted by the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 (S.I. 299 of 1997), and, pursuant to subsection (8) of the said section 4, with the consent of the Minister for Public Enterprise, hereby make the following Regulations:<\/p>\n<p>Citation<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (UHF Television Programme Retransmission) Regulations, 1999.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations&#8211;<\/p>\n<p>\u201cauthorised officer\u201d means a person appointed by the Director in writing to be an authorised officer for the purpose of these Regulations;<\/p>\n<p>\u201cthe Director\u201d means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) ;<\/p>\n<p>\u201cDTT\u201d means Digital Terrestrial Television;<\/p>\n<p>\u201cforce majeure event\u201d means any of the following:<\/p>\n<p>(a) fire, flood, earthquake, elements of nature or act of God;<\/p>\n<p>(b) riot, civil disorder or act of war; and<\/p>\n<p>(c) strikes or other industrial action (unless the action affects only the licensee);<\/p>\n<p>\u201cgross revenue\u201d in respect of any quarter means the aggregate of all payments (excluding value-added tax, and charges for installing or providing apparatus for receiving the services retransmitted by the licensee under the licence) paid or payable to the licensee, or to any other person for the benefit of the licensee, for the retransmission in that quarter by the licensee of licensed programme services;<\/p>\n<p>\u201cinsolvency related event\u201d in respect of the licensee means any of the following:<\/p>\n<p>(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;<\/p>\n<p>(b) having a receiver or similar official or other encumbrancer 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);<\/p>\n<p>(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 );<\/p>\n<p>(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<\/p>\n<p>(e) having any event analogous to any event referred to in paragraphs (a) to (d) occur under the laws under which the licensee is incorporated;<\/p>\n<p>\u201clicence\u201d means a licence under section 5 of the Wireless Telegraphy Act, 1926 ( No. 45 of 1926 ), to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;<\/p>\n<p>\u201clicensed programme service\u201d means any of the following programme services:<\/p>\n<p>(a) television broadcasts (within the meaning of the Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations, 1991 ( S.I. No. 252 of 1991 ) that originate in another Member State of the European Communities and that fall within the fields co-ordinated by Council Directive 89\/552\/EEC1 of 3 October 1989 as amended by Council Directive 97\/36\/EEC2 of 30 June 1997;<\/p>\n<p>(b) a television programme service (within the meaning of the Regulations referred to in paragraph (a)) that originates in a state (other than a Member State of the European Communities) being a party to the European Convention on Transfrontier Television done at Strasbourg on the 5th day of May, 1989 and that complies with the terms of the Convention;<\/p>\n<p>(c) a television programme service that originates in the State, other than a programme service to which paragraph (a) or (b) relates, authorised, for the time being, by law;<\/p>\n<p>\u201clicensee\u201d means the holder of a licence;<\/p>\n<p>\u201cnon-reserved spectrum\u201d means those frequency channels that are not part of the reserved spectrum;<\/p>\n<p>\u201cquarter\u201d means a period of 3 months beginning on the date of commencement of the licence and each subsequent period of 3 months beginning immediately after the end of the previous period of 3 months occurring during the licence term;<\/p>\n<p>\u201creserved spectrum\u201d means those frequency channels which are currently used to broadcast national analogue services and reserved for DTT and\/or the further rollout of national analogue services at particular locations and with particular characteristics as specified in a document published periodically by the Director;<\/p>\n<p>\u201cretransmission\u201d means the reception by means of wireless telegraphy of a licensed programme service and the subsequent transmission in the UHF broadcasting band (470.0 &#8212; 862.0 MHz) of that programme service, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cretransmission station\u201d means apparatus for wireless telegraphy (and any other apparatus associated therewith) that is used for retransmission and is situate at any one location, as particularised in Part I of the licence;<\/p>\n<p>\u201cUHF\u201d means Ultra High Frequency.<\/p>\n<p>(2) In these Regulations&#8211;<\/p>\n<p>(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;<\/p>\n<p>(b) a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended;<\/p>\n<p>(c) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>3. These Regulations apply to a licence to keep, have possession of, install, maintain, work and use the retransmission stations having the characteristics set out in Part I of the licence for the purposes of the retransmission of licensed programme services.<\/p>\n<p>Licence application<\/p>\n<p>4. (1) An application for a licence shall be:<\/p>\n<p>(a) in such form and subject to such conditions as shall be specified by the Director; and<\/p>\n<p>(b) accompanied by a non-refundable application fee of \u00a3200 in respect of each frequency channel at each transmission station.<\/p>\n<p>(2) An applicant for a licence must be a natural person or properly constituted legal entity.<\/p>\n<p>(3) An applicant for a licence shall, if so requested by the Director, furnish such information as the Director may reasonably require for the purposes of assessing the application, and the Director may refuse to grant a licence to an applicant who fails or refuses to comply with a request under this paragraph.<\/p>\n<p>(4) Following the assessment of an application the Director may, if he or she thinks proper, issue a licence to any person but may, at his or her discretion, refuse to issue a licence.<\/p>\n<p>Addresses for notices<\/p>\n<p>5. (1) The licensee shall on the grant of his or her licence furnish in writing to the Director the address and, where appropriate, fax number, to which notices and other documents under these Regulations may be delivered or sent by post or by telecommunications services operated in accordance with the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) , to him or her by or on behalf of the Director and shall, as occasion requires, likewise furnish any change of address or fax number and such notice or document delivered to, or sent by post, or by such telecommunications services, to such address or fax number so furnished shall be deemed for the purposes of these Regulations to have been duly served by the Director.<\/p>\n<p>(2) 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 at which the sender&#8217;s fax system generates a message confirming successful transmission of the total number of pages of the notice or document.<\/p>\n<p>Form of licence<\/p>\n<p>6. The licence shall be in the form specified in the First Schedule and the licensee shall comply with the conditions set out or referred to in the licence.<\/p>\n<p>Continuance in force of licence<\/p>\n<p>7. Subject to the provisions of these Regulations, every licence shall, unless previously surrendered by the licensee, or unless or until it is revoked or renewed by the Director, and subject to any suspension thereof, continue in force from the date of commencement specified in the licence until the 31st of December 2000 and shall then expire.<\/p>\n<p>Renewal of licences<\/p>\n<p>8. (1) Subject to the provisions of these Regulations and such terms and conditions as may be specified, the Director may renew the licence.<\/p>\n<p>(2) Subject to the provisions of these Regulations, where the Director is satisfied that DTT is not available within the area served by the licensee, by the 31st of December 2000, the Director may renew the licence.<\/p>\n<p>(3) A licence which is renewed under this Regulation shall, subject to the provisions of this Regulation and Regulation 18(3), continue in force for such period as may be specified by the Director: Provided that any licence that continues in force on the 31st day of December, 2001, shall expire on that date and shall not be renewed.<\/p>\n<p>(4) In considering whether to renew a licence under this Regulation, the Director shall have regard, inter alia, to whether the licensee complied with these Regulations and the conditions attached to the licence pursuant to these Regulations.<\/p>\n<p>Licence fees<\/p>\n<p>9. (1) A fee shall be payable by the licensee in respect of each quarter or part thereof in which the licence continues in force.<\/p>\n<p>(2) The amount of the fee shall be either:<\/p>\n<p>(a) equivalent to 3.5% of the gross revenue paid or payable to the licensee, or to any other person for the benefit of the licensee, in respect of the retransmission by the licensee, in the quarter to which the fee relates, of licensed programme services; or<\/p>\n<p>(b) \u00a335;<\/p>\n<p>whichever sum is the greater.<\/p>\n<p>(3) The fee, assessed in accordance with paragraph (2), shall be payable on the first day of the quarter to which the fee relates.<\/p>\n<p>(4) The licensee shall, prior to the commencement or, as the case may be, renewal of the licence, furnish to the Director a statement, certified by a person who is qualified under the Companies Acts, 1963-1990, for appointment as auditor of a company, of the estimated gross revenue payable to the licensee, or to any other person for the benefit of the licensee, and the estimated number of subscribers in respect of the retransmission by the licensee of licensed programme services in the period during which the licence is due to continue in force, commencing on the date of commencement or, as the case may be, renewal of the licence.<\/p>\n<p>(5) The licensee shall within 30 days of the end of each period in which the licence continues in force or as may be appropriate, of the expiration or revocation of the licence, furnish to the Director a statement, certified by a person who is qualified under the Companies Acts, 1963-1990, for appointment as auditor of a company, of the gross revenue paid or payable to the licensee or to any other person for the benefit of the licensee, and the number of subscribers, in respect of the retransmission by the licensee of licensed programme services in the period since the commencement or, as the case may be, last renewal of the licence.<\/p>\n<p>(6) Where a statement of gross revenue is furnished by the licensee in accordance with paragraph (5), and 3.5% of such revenue is greater than the sum paid by the licensee in accordance with paragraph (3), an amount equal to the difference between the sum paid and 3.5% of the actual gross revenue shall be paid by the licensee on the first day of the quarter next occurring after the date on which the statement is furnished.<\/p>\n<p>(7) Subject to the minimum payment specified in sub-paragraph (2)(b), where a statement of gross revenue is furnished by the licensee in accordance with paragraph (5), and 3.5% of such revenue is less than the sum paid by the licensee in accordance with paragraph (3), an amount equal to the difference between the sum paid and 3.5% of the actual gross revenue shall be deducted from the fee payable by the licensee on the first day of the quarter next occurring after the date on which a statement is furnished, or in case the licence has expired or been revoked and no such fee is payable, shall be repaid by or on behalf of the Director to the licensee.<\/p>\n<p>Interest<\/p>\n<p>10. If a fee or any part thereof payable by the licensee under Regulation 9 is not paid by the licensee within 7 days of the date on which it falls due under that Regulation, 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 thereof.<\/p>\n<p>Entry into Bond<\/p>\n<p>11. (1) The licensee shall, before a licence is granted to him or her under these Regulations, enter into an arrangement with the Director (a \u201cbond\u201d) which shall be in the form and contain the terms and conditions set out in the Second Schedule to these Regulations, by which the licensee binds him or herself to forfeit to the Director, or a nominee of the Director, a sum of money (the amount of which shall be determined by the Director having regard to the circumstances and extent of the operations for which the licence is sought) in the event of the licensee&#8217;s failure to cease to use any or all of the frequency channels authorised for use under the licence, or used by the licensee when directed to do so within such period as the Director may specify, or upon the expiry of the licence, or any renewal thereof. Any such forfeited sum shall be applied by the Director, or the Director&#8217;s said nominee, to reimburse the Director for any costs and expenses incurred by the Director in taking appropriate action to achieve the objective of the direction, requirement or notice with which the licensee has failed to comply.<\/p>\n<p>(2) The bond provided for in Regulation 11(1) shall be secured by one of the following means:&#8211;<\/p>\n<p>(a) a deposit of the sum in which the licensee is bound in a bank duly licensed under the Central Bank Act, 1971 , in the sole name of the Director; or<\/p>\n<p>(b) a guarantee of payment of the sum in which the licensee is bound provided by a bank duly licensed under the Central Bank Act, 1971 .<\/p>\n<p>(3) The residual balance (if any) of the monies which become available to the Director after the application of funds by the Director, or the Director&#8217;s nominee, as provided for in Regulation 11(1) shall be returned to the licensee or the guarantor (if applicable) with such interest as may have accrued thereon.<\/p>\n<p>(4) In the case of a bond secured in the manner specified in sub-paragraph (2)(b), the guarantee shall be in the form and contain the terms and conditions set out in the Third Schedule to these Regulations.<\/p>\n<p>(5) In the case of a bond secured in the manner specified an sub-paragraph (2)(a), upon the expiry of the licence, or any renewal thereof, or revocation thereof, where no recourse has been had to the monies deposited in accordance with sub-paragraph (2)(a), and the Director is satisfied that the operations licensed by these Regulations have been definitively terminated, the Director shall cause the bond to be extinguished and the monies released to the licensee.<\/p>\n<p>(6) In the case of a bond secured in the manner specified in sub-paragraph (2)(b), upon the expiry of the licence or any renewal thereof or revocation thereof, where no recourse has been had to the guarantee and the Director is satisfied that the operations licensed by these regulations have been definitively terminated, the Director shall cause the bond to be released.<\/p>\n<p>Payments to Director<\/p>\n<p>12. All fees payable under these Regulations shall be paid to the Director of Telecommunications Regulation, Abbey Court, Irish Life Centre, Lower Abbey Street, Dublin 1, and shall be so paid in cash, by cheque, money order or postal order, or by such other means as the Director for the time being considers appropriate.<\/p>\n<p>Interference<\/p>\n<p>13. (1) (a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, with any wireless telegraphy apparatus 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.<\/p>\n<p>(b) If the Director is satisfied that the licensee has failed to comply with subparagraph (a) and serves on the licensee a notice requiring that the use of such retransmission station, 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Director and shall otherwise take such measures (if any) as may be specified by the Director in the notice.<\/p>\n<p>(2) (a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, to the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, any television broadcasting transmitter, any telegraphic line or any telecommunications service.<\/p>\n<p>(b) If the Director is satisfied that the licensee has failed to comply with subparagraph (a) of this Regulation and serves on the licensee a notice requiring that the use of such retransmission station, 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Director and shall otherwise take such measures (if any) as may be specified by the Director in the notice.<\/p>\n<p>(3) (a) The licensee is not licensed in respect of any area or areas where interference, of any type whatsoever, from the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, or any television broadcasting transmitter, is caused to the reception of any of the licensed programme services retransmitted by the licensee.<\/p>\n<p>(b) Subject to the provisions of sub-paragraph (a), where the licensee is licensed to retransmit licensed programme services on non-reserved spectrum, the Director may suspend, revoke or vary the licence where the licensee suffers interference, of any type whatsoever, from the test transmissions of DTT.<\/p>\n<p>(4) Where the licensee is licensed to retransmit licensed programme services on a frequency channel or channels that are part of the reserved spectrum the Director shall revoke the licence with respect to the reserved spectrum where he or she is satisfied that continued operation would cause interference, of any type whatsoever, with test transmissions of DTT.<\/p>\n<p>(5) Where the licensee is licensed to retransmit licensed programme services on non-reserved spectrum and such retransmission causes interference, of any type whatsoever, with test transmissions of DTT the Director may suspend, revoke or vary the licence.<\/p>\n<p>Information and Inspections<\/p>\n<p>14. (1) The licensee shall&#8211;<\/p>\n<p>(a) furnish to the Director such information and reports relating to the operation of a retransmission station or the retransmission of licensed programme services as the Director may, from time to time, by notice in writing served on the licensee, require;<\/p>\n<p>(b) keep all or any records which the Director, from time to time, informs the licensee that he or she requires to be kept;<\/p>\n<p>(c) on request from an authorised officer, produce his or her licence for inspection by the authorised officer;<\/p>\n<p>(d) upon becoming aware of the occurrence of any insolvency related event, or of any event likely to materially affect his or her ability to comply with the provisions of these Regulations, or the conditions set out or referred to in the licence, notify the Director of that fact;<\/p>\n<p>(e) on request from an authorised officer, permit the authorised officer at all reasonable times to inspect any records which the Director requires to be kept or which are kept by the licensee in connection with the operation of a retransmission station to which the licence relates and the retransmission of licensed programme services;<\/p>\n<p>(f) on request from an authorised officer, make available any test equipment or apparatus necessary to facilitate testing by the authorised officer of a retransmission station or of any apparatus for wireless telegraphy situate therein and any other apparatus associated therewith.<\/p>\n<p>(2) The Director 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&#8217;s business concerning the retransmission of licensed programme services 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 a retransmission station or any apparatus for wireless telegraphy situate therein or any other apparatus associated therewith, or to inspect, take copies of and acquire such information, as may be required in order to carry out the audit. The cost associated with any independent audit conducted under this paragraph shall be the responsibility of the licensee.<\/p>\n<p>(3) Any information furnished to the Director under these Regulations or under and in accordance with the licence may, if the Director considers it proper so to do, be published by the Director.<\/p>\n<p>Restrictions on the licensee<\/p>\n<p>15. The licensee shall not&#8211;<\/p>\n<p>(a) receive any money or other consideration in respect of the retransmission by the licensee of licensed programme services in any area or part thereof to which a licence within the meaning of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 ( S.I. No. 67 of 1974 ), or a licence in respect of the distribution of licensed programme services by means of a wired broadcast relay system to which the Wireless Telegraphy (Programme Services Distribution) Regulations, 1999 ( S.I. No. 73 of 1999 ) relates; except&#8211;<\/p>\n<p>(i) with the prior approval of the Director and the agreement of the licensee under those Regulations, or<\/p>\n<p>(ii) in any case, with the consent of the Director, where the Director is of the opinion following consultation with the licensee under those regulations, that the licensee under those regulations has not provided, and will not imminently provide, a service to that area or part thereof under that licence;<\/p>\n<p>(b) place any restriction on the make or type of apparatus for wireless telegraphy which may be used to receive licensed programme services;<\/p>\n<p>(c) without the prior consent in writing of the Director (such consent not to be unreasonably withheld) assign the licence or any of the powers, duties or functions conferred by it, or lease or let the licence, or otherwise transfer to another person the benefit or any benefits of the licence. Any consent to transfer granted by the Director under this subparagraph may be subject to such further conditions as the Director considers appropriate in the circumstances;<\/p>\n<p>(d) use any frequency channels for the purpose of a retransmission station or the retransmission of licensed programme services other than the frequency channels which have been approved of by the Director for use for such purpose, and are specified in Part I of the licence.<\/p>\n<p>Technical Audit<\/p>\n<p>16. (1) the Director may, from time to time, as occasion requires, by notice in writing, require the licensee to have a technical audit of a retransmission station and any apparatus for wireless telegraphy situate therein and any other apparatus associated therewith to which his or her licence relates carried out by persons holding such qualifications as may be specified by the Director and any such audit shall relate to such matters and be in such form as the Director may so direct.<\/p>\n<p>(2) When the Director has requested a technical audit pursuant to paragraph (1) of this Regulation, the licensee shall, with 60 days after the request of the Director, furnish to the Director a full report in writing of the audit.<\/p>\n<p>Sanctions for Breach of Licence<\/p>\n<p>17. (1) If the Director has any reason to believe that the licensee has failed to comply with any provision of these Regulations or with any condition set out or referred to in the licence, the Director may serve a notice on the licensee&#8211;<\/p>\n<p>(a) specifying how, in the opinion of the Director, the licensee has failed to comply with the relevant provision or condition, and<\/p>\n<p>(b) giving the licensee within 14 days of the date of the notice or such further period as the Director considers appropriate, the opportunity to make representations about the alleged failure to comply.<\/p>\n<p>(2) If, after consideration of such representations, if any, the Director is satisfied that the licensee has failed to comply with the relevant provision or condition then the Director may serve a notice on the licensee&#8211;<\/p>\n<p>(a) specifying how, in the opinion of the Director, the licensee has failed to comply with the relevant provision or condition, and<\/p>\n<p>(b) stating that unless the licensee takes, within the period specified in the notice, specified steps to remedy the failure, the Director may impose any or any number of the sanctions listed below:<\/p>\n<p>(i) suspend the licence;<\/p>\n<p>(ii) reduce the licence term;<\/p>\n<p>(iii) amend the licence; or<\/p>\n<p>(iv) revoke the licence;<\/p>\n<p>and may publish the notice.<\/p>\n<p>(3) If at the end of the period specified in any notice under paragraph (2) the Director is satisfied that:<\/p>\n<p>(a) the licensee has failed to take the steps notified in the notice; and<\/p>\n<p>(b) it would have been reasonably practicable for the licensee to take those steps,<\/p>\n<p>the Director may, by further notice, impose the relevant sanctions specified in the notice under paragraph (2), and may publish such further notice.<\/p>\n<p>(4) Following an application in that behalf by the licensee, the Director may withdraw any notice given under paragraph (2) or (3) by a further notice, if the Director is satisfied that this is appropriate because of the licensee&#8217;s conduct since the date of the notice given under paragraph (2) or, as the case may be, paragraph (3).<\/p>\n<p>(5) Where the licence term is reduced pursuant to paragraph (3), the Director may, subject to such conditions as the Director considers appropriate, restore the original licence term where he or she considers restoration to be appropriate, having regard, inter alia, to the behaviour of the licensee since the imposition of the sanction of reduction of the licence term. Any decision of the Director in relation to restoration of the licence term shall be notified to the licensee together with the reasons for such decision, and a notice of the restoration of the licence term shall be published by the Director.<\/p>\n<p>Licence Revocation<\/p>\n<p>18. (1) Without prejudice to the provisions of these Regulations, the Director may revoke the licence in any of the following circumstances:<\/p>\n<p>(a) if, within thirty days following the grant of a licence, the licensee has not commenced retransmission of licensed programme services;<\/p>\n<p>(b) if the licensee notifies the Director that he or she does not intend to retransmit licensed programme services;<\/p>\n<p>(c) if the licensee agrees with the Director in writing that the licence should be revoked;<\/p>\n<p>(d) if the Director is satisfied that, in connection with the grant of the licence or in purporting to comply with any provision of the Regulations or any condition referred to or set out in the licence, the licensee provided the Director with information that was false in a material particular or withheld any material information requested;<\/p>\n<p>(e) where, in the opinion of the Director, such revocation is required for the purpose of complying with any laws for the time being in force;<\/p>\n<p>(f) if any insolvency related event occurs in respect of the licensee;<\/p>\n<p>(g) if the licensee fails to use a retransmission station for a period of more than 30 consecutive days;<\/p>\n<p>(h) if the licensee ceases to be entitled to use the frequency channels allocated to him or her, as set out in Part I of the licence.<\/p>\n<p>(2) Prior to any such revocation mentioned paragraph (1) the Director shall serve notice on the licensee specifying the reason therefor and shall give the licensee a reasonable opportunity to make representations about the proposed revocation.<\/p>\n<p>(3) Without prejudice to the generality of paragraph (1) of this Regulation, the licence shall be revoked in respect of any transmitter or other apparatus used or operated by the licensee to retransmit licensed programme services, where the Director is satisfied that DTT is available within the area served by the transmitter or other apparatus in question.<\/p>\n<p>Limitation of Licence<\/p>\n<p>19. (1) A licence does not grant the licensee any right, interest or entitlement other than the right to keep, have possession of, install, maintain, work and use retransmission stations to retransmit licensed programme services.<\/p>\n<p>(2) The licensee is responsible for obtaining any other approvals, consents, licences, permissions and authorities required to lawfully use the retransmission stations to which the licence relates or lawfully retransmit licensed programme services.<\/p>\n<p>Compliance<\/p>\n<p>20. (1) The licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Director in respect of any matter which direction, requirement or notice is, in the opinion of the Director, appropriate having regard to the functions of the Director.<\/p>\n<p>(2) Without prejudice to the generality of paragraph (1), the licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Director 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 a retransmission station, as particularised in Part I of the licence.<\/p>\n<p>Variation of licence<\/p>\n<p>21. The Director may, by notice in writing served on the licensee, amend or vary the licence<\/p>\n<p>(a) with the consent of the licensee; or<\/p>\n<p>(b) without the consent of the licensee, provided that the licensee has been given a reasonable opportunity to make representations to the Director regarding the proposed amendment or variation and that the Director has considered those representations.<\/p>\n<p>Authorised Officer<\/p>\n<p>22. An authorised officer shall, when exercising any power conferred on him or her by these Regulations, if so requested, produce to any person affected a copy of his or her appointment as such authorised officer.<\/p>\n<p>Force majeure events<\/p>\n<p>23. 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:<\/p>\n<p>(a) the licensee shall, as soon as reasonably practicable, notify the Director 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<\/p>\n<p>(b) 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.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Wireless Telegraphy Act, 1926<\/p>\n<p>UHF Television Programme Retransmission Licence<\/p>\n<p>1. (1) Subject to sub-paragraph (2) the licensee is authorised to keep, have possession of, maintain, work and use the retransmission stations having the characteristics set out in Part I of this licence to retransmit licensed programme services.<\/p>\n<p>(2) The licensee is not licensed in respect of any area or areas where interference, of any type whatsoever, from the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, or any television broadcasting transmitter, is caused to the reception of any of the licensed programme services retransmitted by the licensee.<\/p>\n<p>2. The licensee shall be responsible for obtaining such way leave and other approvals, consents, licences, permissions and authorities as may be necessary for the installation, maintenance, work and use of a retransmission station.<\/p>\n<p>3. This licence shall come into operation on the date specified in Part II and shall, unless previously surrendered by the licensee or unless or until it is revoked or renewed by the Director, and subject to any suspension thereof, continue in force from the date specified in Part II until the 31st of December 2000 and shall then expire.<\/p>\n<p>4. (1) (a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, with any wireless telegraphy apparatus 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.<\/p>\n<p>(b) If the Director is satisfied that the licensee has failed to comply with sub-paragraph (a) and serves on the licensee a notice requiring that the use of such retransmission station, 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Director and shall otherwise take such measures (if any) as may be specified by the Director in the notice.<\/p>\n<p>(2) (a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, to the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, any television broadcasting transmitter, any telegraphic line or any telecommunications service.<\/p>\n<p>(b) If the Director is satisfied that the licensee has failed to comply with sub-paragraph (a) and serves on the licensee a notice requiring that the use of such retransmission station, 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Director and shall otherwise take such measures (if any) as may be specified by the Director in the notice.<\/p>\n<p>5. (1) Where the licensee is licensed to retransmit licensed programme services on a frequency channel or channels that are part of the reserved spectrum the Director shall revoke the licence with respect to the reserved spectrum where he or she is satisfied that continued operation would cause interference, of any type whatsoever, with test transmissions of DTT.<\/p>\n<p>(2) Where the licensee is licensed to retransmit licensed programme services on non-reserved spectrum and such retransmission causes interference of any type whatsoever with the test transmissions of DTT the Director may suspend, revoke or vary the licence.<\/p>\n<p>(3) Subject to paragraph 1(2) where the licensee is licensed to retransmit licensed programme services on non-reserved spectrum, the Director may suspend, revoke or vary the licence where the licensee suffers interference, of any type whatsoever, from the test transmissions of DTT.<\/p>\n<p>6. Nothing in this licence shall authorise the licensee to do any act which is an infringement of any copyright or other legal right.<\/p>\n<p>7. The licensee shall maintain separate accounts in respect of the retransmission by him or her of licensed programme services.<\/p>\n<p>8. The licensee shall comply with the technical conditions for retransmission stations set out in Part IV and with any alterations or additions thereto notified to the licensee in writing by or on behalf of the Director.<\/p>\n<p>9. The provisions of the Wireless Telegraphy (UHF Television Programme Retransmission) Regulations, 1999, and the conditions set out and referred to in the licence supersede any prior communications with the Director regarding licensed programme services and nothing in any guidance notes or other prior communications with the Director shall be deemed incorporated into those Regulations or into the licence.<\/p>\n<p>10. In this licence&#8211;<\/p>\n<p>\u201cthe Director\u201d means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) ;<\/p>\n<p>\u201cDTT\u201d means Digital Terrestrial Television;<\/p>\n<p>\u201clicensed programme service\u201d means any of the following programme services:<\/p>\n<p>(a) television broadcasts (within the meaning of the Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations, 1991 ( S.I. No. 252 of 1991 )) that originate in another Member State of the European Communities and that fall within the fields co-ordinated by Council Directive Directive 89\/552\/EEC1 of 3 October 1989 as amended by Council Directive 97\/36\/EEC2 of 30 June 1997;<\/p>\n<p>(b) a television programme service (within the meaning of the Regulations referred to in paragraph (a)) that originates in a state (other than a Member State of the European Communities) being a party to the European Convention on Transfrontier Television done at Strasbourg on the 5th day of May, 1989 and that complies with the terms of the Convention;<\/p>\n<p>(c) a television programme service that originates in the State, other than a programme service to which paragraph (a) or (b) relates, authorised, for the time being, by law;<\/p>\n<p>\u201clicensee\u201d means the holder of a licence;<\/p>\n<p>\u201cnon-reserved spectrum\u201d means those frequency channels that are not part of the reserved spectrum;<\/p>\n<p>\u201creserved spectrum\u201d means those frequency channels which are currently used to broadcast national analogue services and reserved for DTT and\/or the further rollout of national analogue services at particular locations and with particular characteristics as specified in a document published periodically by the Director;<\/p>\n<p>\u201cretransmission\u201d means the reception by means of wireless telegraphy of a licensed programme service and subsequent transmission in the UHF broadcasting band (470.0-862.0 MHz) of that programme service, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cUHF\u201d means Ultra High Frequency.<\/p>\n<p>PARTS<\/p>\n<p>Part I<\/p>\n<p>Particulars of Retransmission Stations<\/p>\n<p>Part II<\/p>\n<p>Licence Commencement Date<\/p>\n<p>Part III<\/p>\n<p>Address for Notices<\/p>\n<p>Part IV<\/p>\n<p>Technical Conditions for Retransmission Stations<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Terms of Bond To Be Provided By Licensee<\/p>\n<p>________________ of __________________ (\u201cthe licensee\u201d) hereby undertakes and acknowledges itself bound to pay to the Director of Telecommunications Regulation (\u201cthe Director\u201d) the sum of IR\u00a3 _________________ to be applied in accordance with the provisions of Regulation 11 of the Wire- less Tele- graphy (UHF Television Programme Retransmission) Regulations, 1999, (\u201cthe Regulations\u201d) and for the purposes therein provided.<\/p>\n<p>This bond shall come into effect on the __________________________ day of ______________________ and shall continue to have effect until the Director is satisfied the licensee has definitively ceased operations of the type licensed under the Regulations.<\/p>\n<p>The licensee agrees that the entire sum indicated in this bond shall become payable upon demand in writing from the Director in the event of the licensee&#8217;s failure to cease to use any or all of the frequency channels authorised for use under the licence, or used by the licensee when directed to do so within such period as the Director may specify, or upon the expiry of the licence, or any renewal thereof, and that if the entire sum due under this bond is not immediately paid on demand as aforesaid, the Director shall have the right to have recourse to the monies put on deposit in the Director&#8217;s name as security for this bond or, if applicable, to call upon the person guaranteeing the payment obligation arising in this bond (\u201cthe guarantor\u201d) to pay the sum in respect of which the licensee is hereby bound.<\/p>\n<p>Monies becoming available to the Director, or a nominee of the Director, under this bond shall be applied to reimburse the Director for any costs and expenses incurred by the Director in taking appropriate action to ensure that the objective of the said direction, requirement or notice is achieved.<\/p>\n<p>The Director shall repay to the licensee or the guarantor (if applicable) such part of the sum becoming available to the Director or a nominee of the Director under this bond as shall not be expended by the Director under this bond. The sum of money expended by the Director under this bond shall be certified by a person appointed by the Director, who is qualified under the Companies Acts 1963-1990, for appointment as auditor of a company and the sum so certified shall be definitively accepted by the licensee and the guarantor (if applicable) as the sum by which the amount of money to be repaid to the licensor or guarantor (as applicable) is to be calculated.<\/p>\n<p>Present when the common seal<\/p>\n<p>of ___________________________<\/p>\n<p>was affixed hereto:&#8211;<\/p>\n<p>THIRD SCHEDULE<\/p>\n<p>Guarantee By Bank<\/p>\n<p>_________________________________, having its registered office at _______________________ hereinafter referred to as \u201cthe guarantor\u201d, hereby guarantees the due payment to the Director of Telecommunications Regulation (\u201cthe Director\u201d) of the entire sum specified in the attached bond (the \u201cbond\u201d), ie IR\u00a3 ________________________.<\/p>\n<p>It is agreed that the sum covered by this guarantee shall be paid by the guarantor upon receipt of written notice from the Director that the sum of money in respect of which the bond giver is bound has become payable under the terms of the bond and has not been paid by the bond giver.<\/p>\n<p>The Director shall repay to the guarantor such part of the sum paid by the guarantor to the Director as shall not be expended in accordance with terms of the bond. The sum of money expended by the Director in accordance with the terms of the bond shall be certified by a person appointed by the Director who is qualified under the Companies Acts 1963-1990 for appointment as auditor of a company and the sum so certified shall be definitively accepted by the guarantor as the sum by which the amount of money to be repaid to the guarantor is to be calculated.<\/p>\n<p>This guarantee shall come into effect on the ________________ day of _____________ and shall continue to have effect for the term of the bond.<\/p>\n<p>Present when the common seal<\/p>\n<p>of _________________________<\/p>\n<p>was affixed hereto:&#8211;<\/p>\n<p>GIVEN under my hand, this 8th day of November, 1999.<\/p>\n<p>ETAIN DOYLE,<\/p>\n<p>Director of Telecommunications Regulation<\/p>\n<p>The Minister for Public Enterprise hereby consents to the foregoing Regulations.<\/p>\n<p>..\/images\/seal.jpg<\/p>\n<p>GIVEN under the Official Seal this 8th day of November, 1999.<\/p>\n<p>MARY O&#8217;ROURKE,<\/p>\n<p>Minister for Public Enterprise<\/p>\n<h4>EXPLANATORY NOTE.<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of retransmitting television programme services and for the conditions of such licences.<\/p>\n<p>1 O.J. No. L298 of 17 October 1989, pp. 23-30.<\/p>\n<p>2 O.J. No. L202 of 30 July 1997, pp. 60-71.<\/p>\n<p>1 O.J. No. L 298 of 17 October 1989, pp. 23-30.<\/p>\n<p>2 O.J. No. L202 of 30 July 1997, pp. 60-71.<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 507\/2003 &#8211;<\/p>\n<h2>Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2003<\/h2>\n<p>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<\/p>\n<p>Citation and commencement<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (UHF Television Programme Retransmission)(Amendment) Regulations 2003.<\/p>\n<p>2. \u201cPrincipal Regulations\u201d mean the Wireless Telegraphy (UHF Television Programme Retransmission) Regulations 1999 (SI 348 of 1999).<\/p>\n<p>3. The Principal Regulations and these regulations shall be construed together.<\/p>\n<p>4. The Principal Regulations are amended by the deletion of Regulation 9 and the substitution of the following:<\/p>\n<p>\u201cLicence fees<\/p>\n<p>9. (1) The annual amount of the fee shall be equivalent to \u20ac50 in respect of each transmitter.<\/p>\n<p>(2) A fee shall be payable by the licensee in respect of each quarter or part thereof in which the licence continues in force.<\/p>\n<p>(3) The fee shall be payable on the first day of the quarter.<\/p>\n<p>(4) Where a fee is payable per quarter or portion thereof the amount to be paid by the Licensee shall be calculated as follows:<\/p>\n<p>A \u00d7 (B \u00f7 12) = C<\/p>\n<p>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.\u201d<\/p>\n<p>GIVEN under the Official Seal of the Commission for Communications Regulation,<\/p>\n<p>this 29 day of October, 2003<\/p>\n<p>\/images\/en.si.2003.0507.0001.jpg<\/p>\n<p>On behalf of the Commission for Communication Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources<\/p>\n<p>this 22nd day of October, 2003<\/p>\n<p>\/images\/en.si.2003.0507.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the amendment of the basis for calculating annual fees payable for licences for apparatus for wireless telegraphy television programme retransmission systems.<\/p>\n<h2>Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003.<\/h2>\n<p>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), 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 ) and 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:<\/p>\n<p>Citation and commencement<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003.<\/p>\n<p>Interpretation<\/p>\n<p>2. (1) In these Regulations, unless the context otherwise requires \u2014<\/p>\n<p>\u201cAct of 1926\u201d means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);<\/p>\n<p>\u201cAct of 2002\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cAuthorisation Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Authorisation Regulations 2003, ( S.I. No. 306 of 2003 );<\/p>\n<p>\u201cAuthorised Officer\u201d means a person appointed under Regulation 14 of these Regulations to be an authorised officer;<\/p>\n<p>\u201cDigital Roll-Out Plan\u201d means the digital roll-out plan specified in Part 5 of the licence;<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation established under the Act of 2002;<\/p>\n<p>\u201cDistribute\u201d means receive or originate a programme service and convey it over the system, and cognate words shall be construed accordingly;<\/p>\n<p>\u201cFeeder\u201d means a transmission path forming part of a programme services distribution system, which path may consist of a metallic cable, optic fibre or any combination thereof;<\/p>\n<p>\u201cForce Majeure Event\u201d means any of the following:<\/p>\n<p>(a) fire, flood, earthquake, elements of nature or act of God,<\/p>\n<p>(b) riot, civil disorder or act of war or<\/p>\n<p>(c) strikes or other industrial action (unless the action affects only the licensee);<\/p>\n<p>\u201cFramework Regulations\u201d means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 ( S.I. No. 307 of 2003 );<\/p>\n<p>\u201cHeadend\u201d means equipment which is connected to receiving antennas or other signal sources and also connected to the remainder of the system to process the signal to be distributed;<\/p>\n<p>\u201cLicence\u201d means a licence under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;<\/p>\n<p>\u201cLicence Term\u201d means, in relation to a licence, the period during which the licence continues in force;<\/p>\n<p>\u201cLicensed Area\u201d means the area in the State in which the licence authorises the licensee to distribute licensed programme services;<\/p>\n<p>\u201cLicensed Programme Service\u201d means any of the following programme services:<\/p>\n<p>(a) television broadcasts (within the meaning of the Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations, 1991 ( S.I. No. 252 of 1991 )) that originate in another Member State of the European Communities and that fall within the fields coordinated by Council Directive 89\/552\/EEC1 of 3 October 1989 as amended by Council Directive 97\/36\/EEC2 of 30 June 1997;<\/p>\n<p>(b) a television programme service (within the meaning of the Regulations referred to in paragraph (a)) that originates in a State (other than a Member State of the European Communities) being a party to the European Convention on Transfrontier Television done at Strasbourg on the 5th day of May, 1989 and that complies with the terms of the Convention;<\/p>\n<p>(c) a programme service that originates in the State authorised for the time being by law;<\/p>\n<p>\u201cLicensee\u201d means a holder of a licence;<\/p>\n<p>\u201cMultipoint Microwave Distribution System\u201d means a system of wireless telegraphy apparatus used for the retransmission of programme services on a point to multipoint basis at frequencies of 1 gigahertz or above;<\/p>\n<p>\u201cProgramme Service\u201d means a service which consists of sound or visual programme material of any description, or a compilation of both, intended for general or approved reception, whether encoded or not;<\/p>\n<p>\u201cProtected Area\u201d means an area defined in Part 11 of the licence;<\/p>\n<p>\u201cReceiver Lead\u201d means a lead which connects the system outlet to the subscriber&#8217;s equipment;<\/p>\n<p>\u201cSound Programme\u201d means a programme intended for general or approved reception in sound only;<\/p>\n<p>\u201cSubscriber&#8217;s Feeder\u201d means as regards a multipoint microwave distribution system, a feeder connecting a subscriber&#8217;s antenna and downconvertor to a system outlet or, where the latter is not used directly to the subscriber&#8217;s equipment.<\/p>\n<p>\u201cSystem\u201d, in relation to a licence, means a system of wireless telegraphy apparatus used by the licensee for the distribution of licensed programme services, starting at the headend and ending either at the system outlets or, in cases where the licensee provides subscribers with a device incorporating specialised decoding means at the output port of such device, and including all other apparatus directly or indirectly connected between those points, as more specifically described in Part 2 of the licence;<\/p>\n<p>\u201cSystem Outlet\u201d, in relation to a licence, means apparatus for connecting a subscriber&#8217;s feeder to a receiver lead;<\/p>\n<p>(2) In these Regulations,<\/p>\n<p>(a) a reference to a Regulation or a Schedule is to a Regulation of, or a Schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended,<\/p>\n<p>(b) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended,<\/p>\n<p>(c) 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.<\/p>\n<p>(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.<\/p>\n<p>Licences to which these Regulations apply<\/p>\n<p>3. These Regulations apply to a licence to keep, have possession of, install, maintain work and use a Multipoint Microwave Distribution System for the distribution of licensed programme services or for such other purposes as are specified in the licence.<\/p>\n<p>Licence Application<\/p>\n<p>4. (1) An application for a licence shall be in the form specified from time to time by the Commission and subject to such open, transparent, non-discriminatory and proportionate conditions as the Commission sees fit.<\/p>\n<p>(2) The Commission may refuse to grant a licence to person who fails to notify under Regulation 4 of the Authorisation Regulations<\/p>\n<p>Addresses for notices<\/p>\n<p>5. (1) Every licensee shall on the grant of his or her licence furnish in writing to the Commission the address and, where appropriate, fax number and e-mail address, to which notices and other documents under these Regulations may be delivered or sent by post or by telecommunications services, to him or her by or on behalf of the Commission and shall, as occasion requires likewise furnish any change of address or fax number or e-mail address, and such notice or document delivered to, or sent by post, or by such telecommunications services, to such address or fax number or e-mail address so furnished shall be deemed for the purposes of these Regulations to have been duly served by the Commission.<\/p>\n<p>(2) 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 at which the sender&#8217;s fax system generates a message confirming successful transmission of the total number of pages of the notice or document, or the sender&#8217;s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail.<\/p>\n<p>Form of licence<\/p>\n<p>6. Every licence shall be in the form specified in the Schedule and the licensee shall comply with the conditions set out or referred to in the licence.<\/p>\n<p>Continuance in force of licence<\/p>\n<p>7. 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, and subject to any amendment or suspension thereof, continue in force until 18 April 2014 and subject to such conditions and restrictions as are prescribed in regard thereto by these Regulations and shall then expire, unless renewed.<\/p>\n<p>Renewal of licence<\/p>\n<p>8. (1) The Commission will, after 18 April 2010, and subject to such conditions and restrictions as are prescribed in regard thereto by these Regulations, and after such public consultation (if any) as the Commission considers appropriate, review the operation of all such licences so granted and continuing in force and may subject to such terms and conditions as may be specified by the Commission renew any such licences which are in force on that date for a further period of up to 5 years from 19 April 2014.<\/p>\n<p>(2) Where the Commission makes a determination under paragraph (1), not to renew a licence, it may by notice in writing served on the licensee, require him or her, from the date of receipt of the notice, until the expiration of the licence term to comply with such measures relating to the upkeep of the system as may be specified in the notice.<\/p>\n<p>Licence fees<\/p>\n<p>9. (1) A fee shall be payable by the holder of a licence in respect of a multipoint microwave distribution system for each licence year or part thereof, in which the licence continues in force.<\/p>\n<p>(2) The annual fee shall be calculable by the following formula;<\/p>\n<p>X\/Y \u00d7 (\u20ac1,905 \u00d7 N \u00d7 BW);<\/p>\n<p>Where;<\/p>\n<p>X is the number of homes passed for that licence year or the final figure both as defined in Part 5 (1) of the licence;<\/p>\n<p>Y is the number of homes having one or more televisions in the State as published by the Commission in its quarterly key data report on the Irish Communications Market in respect of the final quarter of each calendar year;<\/p>\n<p>N is the number of approved frequency channels, under Regulation 10(3) available for use in the licensed area by the licensee;<\/p>\n<p>BW is the amount of spectrum used by each frequency channel measured in megahertz (MHz).<\/p>\n<p>(3) The fee will be payable from the coming into operation of these Regulation until the anniversary of the grant of the licence on a pro rata basis and thereafter annually in advance on the anniversary of the grant of the licence.<\/p>\n<p>(4) The fee specified in this Regulation shall be paid to the Commission by way of banker&#8217;s draft or by such other means and on such terms as the Commission may decide.<\/p>\n<p>(5) 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.<\/p>\n<p>(6) 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.<\/p>\n<p>Interest<\/p>\n<p>10. If a fee or any part thereof payable by the licensee under Regulation 9 is not paid by the licensee within 7 days of the date on which it falls due under that Regulation, 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.<\/p>\n<p>Restrictions on Licensee<\/p>\n<p>11. A licensee shall not &#8211;<\/p>\n<p>(1) Place any restriction on the make or type of apparatus for wireless telegraphy which may be used to receive licensed programme services;<\/p>\n<p>(2) Without the prior consent in writing of the Commission (such consent not to be unreasonably withheld), assign the licence or any of the powers duties or functions conferred by it, or lease or let the licence or otherwise transfer to another person the benefit or any benefits of the licence. Any consent to transfer granted by the Commission under this subparagraph may be subject to such further conditions as the Commission considers appropriate in the circumstances.<\/p>\n<p>(3) Use any frequency channels for the purpose of the system other than frequency channels which have been approved of by the Commission for use for such purpose.<\/p>\n<p>(4) Where he or she is the holder of a licence in respect of a multipoint microwave distribution system in the 2500 megahertz to 2686 megahertz install, or agree to the installation of, a system outlet for such a system in any protected area. The Commission will not protect any system outlet installed in a protected area from harmful interference.<\/p>\n<p>Information and Inspections<\/p>\n<p>12. Not withstanding the information required by the Commission under Regulation 18 of the Authorisation Regulations a licensee shall-<\/p>\n<p>(1) provide to the Commission, such information as the Commission considers necessary to verify compliance with the conditions of the licence or part thereof;<\/p>\n<p>(2) provide to the Commission such information as the Commission considers necessary to allow for the effective management of the radio frequency spectrum;<\/p>\n<p>(3) provide assistance to persons appointed by the Commission and holding such qualifications as may be specified by the Commission, for the purposes of performing a technical audit of the system to which his or her licence relates. Any such audit shall relate to such matters and be in such format as the Commission may so direct and will be notified to the licensee, by notice in writing.<\/p>\n<p>(4) When the Commission has requested that a technical audit be carried out by the licensee pursuant to paragraph 3 of this Regulation, the licensee shall furnish the full written report to the Commission not later than 60 days after the request under paragraph 3.<\/p>\n<p>Sanctions for Breach of Licence<\/p>\n<p>13. (1) Where the Commission finds that a licensee does not comply with one or more of the conditions of the licence conferred on it, the Commission shall notify the holder of those findings and give the licensee a reasonable opportunity to state its views or remedy any breaches within,<\/p>\n<p>(a) one month after notification,<\/p>\n<p>(b) a shorter period agreed by the holder or stipulated by the Commission in the case of repeated breaches, or<\/p>\n<p>(c) a longer period decided by the Commission.<\/p>\n<p>The Commission may publish, in such manner as it thinks fit, any notification given by it under this Regulation subject to the protection of the confidentiality of any information which the Commission considers confidential.<\/p>\n<p>(2) Where, at the end of the period referred to in paragraph (1), the Commission is of the opinion that the person concerned has not complied with the condition or direction, the Commission may, subject to Regulation 16(15) of the Authorisation Regulations apply to the High Court for such order as may be appropriate by way of compliance with the condition or direction. The Court may, as it thinks fit, on the hearing of the application make an order compelling compliance with the condition or direction or refuse the application. An order compelling compliance shall stipulate a reasonable period for the person to comply with the condition or direction.<\/p>\n<p>(3) Where the Commission has given a notice under Section 44 of the Act of 2002 in respect of a failure by a person to comply with a condition of the licence the Commission shall not make an application for an order under this Regulation to the High Court to compel compliance by the person with the condition.<\/p>\n<p>Licence revocation<\/p>\n<p>14. (1) Without prejudice to Regulation 13, the Commission may, in cases of serious and repeated breaches of the conditions of the licence revoke the licence;<\/p>\n<p>(a) if the licensee notifies the Commission that he or she does not intend to distribute the licensed programme services in the licensed area;<\/p>\n<p>(b) if the licensee agrees with the Commission in writing that the licence should be revoked;<\/p>\n<p>(c) if the Commission is satisfied that, in connection with the grant of the licence or in purporting to comply with any provision of the Regulations or any condition referred to or set out in the licence the licensee provided the Commission with information that was false or withheld any material information requested; or<\/p>\n<p>(d) where, in the opinion of the Commission, such revocation is required for the purpose of complying with any laws for the time being in force;<\/p>\n<p>(2) Prior to any such revocation, the Commission shall serve notice on the licensee specifying the reason therefor and shall give the licensee a reasonable opportunity to make representations about the proposed revocation.<\/p>\n<p>Powers of Authorised Officers<\/p>\n<p>15. 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.<\/p>\n<p>(1) 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 (2 shall, if so requested by any person thereby affected, produce such certificate to that person for inspection.<\/p>\n<p>(2) 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.<\/p>\n<p>Prevention of Interference<\/p>\n<p>16. (1) If the Commission &#8211;<\/p>\n<p>(a) is satisfied that the use of the system or any part thereof is causing or represents an immediate and serious threat to public safety public security or public health, or will create serious economic or operational problems for other providers or users of electronic communications networks or services, and<\/p>\n<p>(b) serves on the licensee a notice requiring that the use of such system or part as may be specified in the notice cease forthwith, or on or before such date and time as may be so specified.<\/p>\n<p>the licensee shall cease to use the system or part, unless and until such notice has been withdrawn by the Commission.<\/p>\n<p>Compliance<\/p>\n<p>17. The licensee shall comply with any direction, requirement or notice given to him or her by the Commission 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.<\/p>\n<p>Variation of Licence<\/p>\n<p>18. (1) The Commission may amend the rights, conditions and procedures under the licence, where such amendments are made in objectively justified cases and in a proportionate manner.<\/p>\n<p>(2) Before making any such amendment the Commission shall &#8211;<\/p>\n<p>(a) give notice in such manner as it considers appropriate, of its intention, giving interested parties including users and consumers to make representations on the proposed amendments within such period (not, except in exceptional circumstances, being less than 28 days from the date of the notice), as may be specified in the notice.<\/p>\n<p>(b) Have regard to any representations made to it pursuant to subparagraph (a).<\/p>\n<p>Force majeure events<\/p>\n<p>19. 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:<\/p>\n<p>(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<\/p>\n<p>(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.<\/p>\n<p>Transitional Arrangements<\/p>\n<p>20. A licence issued under the Wireless Telegraphy (Programme Services Distribution Regulations 1999 ( S.I. No. 73 of 1999 ) in force immediately before the commencement of these Regulations will continue in force as if it had run continuously from the date of its issue.<\/p>\n<p>Revocation<\/p>\n<p>21. The following are revoked:<\/p>\n<p>(1) The Wireless Telegraphy (Programme Services Distribution) Regulations 1999, ( S.I. No. 73 of 1999 ).<\/p>\n<p>SCHEDULE<\/p>\n<p>WIRELESS TELEGRAPHY ACT, 1926<\/p>\n<p>PROGRAMME SERVICES DISTRIBUTION LICENCE<\/p>\n<p>1. The licensee specified in Part 1 of this licence is hereby authorised to<\/p>\n<p>(a) keep, have possession of, install, maintain, work and use the system specified in Part 2 to distribute the licensed programme services.<\/p>\n<p>(b) keep, have possession of, install, maintain, work and use any apparatus for wireless telegraphy for the purposes of enabling the provision of additional services, otherwise lawfully authorised in the area described in Part 3.<\/p>\n<p>2. (1) The licensee shall distribute such licensed programme services as are specified in Part 6 by analogue transmission:<\/p>\n<p>(a) unless the Commission gives prior written consent in writing; or<\/p>\n<p>(b) unless the Commission directs the licensee, by notice in writing served on the licensee, to discontinue analogue transmission of such of those licensed programme services as are specified in the notice.<\/p>\n<p>(2) The licensee may distribute programme services to the holders of other licences and may facilitate the distribution of such services by or on behalf of the holders of other licences.<\/p>\n<p>3. This licence shall come into operation on the date specified in Part 4 and shall unless previously surrendered by the licensee or unless or until it is revoked by the Commission, and subject to any amendment or suspension thereof, continue in force from the date specified in Part 4 to the ___________ day of __________, ___.<\/p>\n<p>4. (1) The system shall be designed, constructed, installed, maintained and used so that it does not represent a threat to public safety, public security or public health, or pose serious operational problems to other providers or users of electronic communications networks or services.<\/p>\n<p>(2) If the Commission is satisfied that the licensee has failed to comply with sub-paragraph (1) of this paragraph and notifies the licensee in writing of that fact, the licensee shall cease to use the system until further notice from the Commission and shall otherwise take such measures as may be specified by the Commission in the notice.<\/p>\n<p>5. Nothing in this licence shall authorise the licensee to do any act which is an infringement of any copyright or other legal right.<\/p>\n<p>6. (1) The licensee shall, by the dates specified in the digital roll-out plan design, construct, install, work and put into use a digital transmission network.<\/p>\n<p>(2) The licensee shall be responsible for obtaining all approvals, consents licences, permissions and authorities required by law to design, construct install, work and put into use such a network.<\/p>\n<p>7. The licensee shall comply with:<\/p>\n<p>(1) the technical conditions for analogue transmission systems set out in Part 8;<\/p>\n<p>(2) the technical conditions for digital transmission systems set out in Part 9;<\/p>\n<p>(3) the conditions for the operation of conditional access systems set out in Part 10;<\/p>\n<p>(4) any other technical conditions notified to the licensee in writing by the Commission;<\/p>\n<p>and with any alterations or additions thereto so notified to the licensee.<\/p>\n<p>12. The provisions of the Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003, and the conditions set out and referred to in the licence supersede any prior communications with the Commission regarding licensed programme services and nothing in any guidance notes or other prior communications with the Commission shall be deemed incorporated into those Regulations or in to the licence.<\/p>\n<p>13.Definitions;<\/p>\n<p>\u201cAdditional Service\u201d means a service that consists of the distribution by the licensee of a service other than programme services or programme associated services by wireless telegraphy by means of the use of the spare capacity within the signals carrying any licensed programme service.<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation established under the Act of 2002;<\/p>\n<p>\u201cDigital Roll-Out Plan\u201d means the digital roll-out plan specified in Part 5 of the licence;<\/p>\n<p>\u201cDistribute\u201d means receive or originate programme services and convey them over the system, and cognate words shall be construed accordingly;<\/p>\n<p>\u201c\u201cLicensed Programme Service\u201d means any one or more of the following programme services:<\/p>\n<p>(a) television broadcasts (within the meaning of the Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations, 1991 ( S.I. No. 252 of 1991 )) that originate in another Member State of the European Communities and that fall within the fields coordinated by Council Directive 89\/552\/EEC of 3 October 1989 as amended by Council Directive 97\/36\/EEC of 30 June 1997;<\/p>\n<p>(b) a television programme service (within the meaning of the Regulations referred to in paragraph (a)) that originates in a state (other than a Member State of the European Communities) being a party to the European Convention on Transfrontier Television done at Strasbourg on the 5th day of May, 1989 and that complies with the terms of the Convention;<\/p>\n<p>(c) a programme service that originates in the State authorised for the time being by law;<\/p>\n<p>\u201cLicensee\u201d means a holder of a licence;<\/p>\n<p>\u201cProgramme Service\u201d means a service which consists of sound or visual programme material of any description, or a compilation of both, intended for general or approved reception, whether encoded or not;<\/p>\n<p>\u201cSystem\u201d, in relation to a licence, means the system used by the licensee for the distribution of licensed programme services, starting at the headend and ending either at the system outlets or, in cases where the licensee provides subscribers with a device incorporating specialised decoding means, at the output port of such device, and including all other apparatus directly or indirectly connected between those points, as more specifically described in Part II of this licence.<\/p>\n<p>PARTS<\/p>\n<p>Part 1<\/p>\n<p>Licensee<\/p>\n<p>Part 2<\/p>\n<p>Licensed System<\/p>\n<p>Part 3<\/p>\n<p>Licensed Area<\/p>\n<p>Part 4<\/p>\n<p>Licence Commencement Date<\/p>\n<p>Part 5<\/p>\n<p>Digital Roll-Out Plan<\/p>\n<p>Part 6<\/p>\n<p>Programme Services Which Must Be Distributed<\/p>\n<p>Part 7<\/p>\n<p>Addresses for Notices<\/p>\n<p>Part 8<\/p>\n<p>Technical Conditions for Analogue Transmission Systems<\/p>\n<p>Part 9<\/p>\n<p>Technical Conditions for Digital Transmission Systems<\/p>\n<p>Part 10<\/p>\n<p>Conditions for the Operation of Conditional Access Systems<\/p>\n<p>Part 11<\/p>\n<p>Protected Area<\/p>\n<p>GIVEN under the official seal of the Commission for Communications Regulation this 6th day of November 2003<\/p>\n<p>&nbsp;<\/p>\n<p>\/images\/en.si.2003.0529.0001.jpg<\/p>\n<p>____________________________<\/p>\n<p>On behalf of the Commission of Communications Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications Marine and Natural Resources this 5th<\/p>\n<p>day of November 2003<\/p>\n<p>&nbsp;<\/p>\n<p>\/images\/en.si.2003.0529.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the issue of licences for apparatus for wireless telegraphy used for the purposes of distributing programme services and television programme retransmission systems and for the payment of licence fees.<\/p>\n<p>1O.J. No. L298 of 17 October 1989, pp. 23-30.<\/p>\n<p>2O.J. No. L202 of 30 July 1997, pp. 60-71.<\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 506\/2003 &#8211;<\/p>\n<h2>Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2003<\/h2>\n<p>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<\/p>\n<p>Citation and commencement<\/p>\n<p>1. These Regulations may be cited as the Wireless Telegraphy (Carrigaline UHF Television Programme Retransmission)(Amendment) Regulations 2003.<\/p>\n<p>2. \u201cPrincipal Regulations\u201d mean the Wireless Telegraphy (Carrigaline UHF Television Programme Retransmission) Regulations 1999 (SI 347 of 1999).<\/p>\n<p>3. The Principal Regulations and these regulations shall be construed together.<\/p>\n<p>4. The Principal Regulations are amended by the deletion of Regulation 8 and the substitution of the following:<\/p>\n<p>\u201cLicence fees<\/p>\n<p>8. (1) The annual amount of the fee shall be equivalent to \u20ac50 in respect of each transmitter.<\/p>\n<p>(2) The fee is payable by the licensee on an annual basis;<\/p>\n<p>(3) The fee can be paid on the first day of each quarter subject to the consent of the Commission;<\/p>\n<p>(4) Where a fee is payable for a portion of a year the amount to be paid by the Licensee shall be calculated as follows:<\/p>\n<p>A \u00d7 (B \u00f7 12) = C<\/p>\n<p>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.\u201d<\/p>\n<p>GIVEN under the Official Seal of the Commission for Communications Regulation,<\/p>\n<p>this 29 day of October, 2003<\/p>\n<p>\/images\/en.si.2003.0506.0001.jpg<\/p>\n<p>On behalf of the Commission for Communication Regulation<\/p>\n<p>The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.<\/p>\n<p>GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources this 22nd day of October , 2003<\/p>\n<p>\/images\/en.si.2003.0506.0002.jpg<\/p>\n<p>Dermot Ahern T.D.<\/p>\n<p>Minister for Communications, Marine and Natural Resources<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the amendment of the basis for calculating annual fees payable for licences for apparatus for wireless telegraphy television programme retransmission systems.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19311\" data-postid=\"19311\" class=\"themify_builder_content themify_builder_content-19311 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Wireless Telegraphy The Wireless Telegraphy Acts date back to the turn of the 20th century.\u00a0 The Wireless Telegraphy Act 1926 has been amended on numerous \u00a0occasions. The Wireless and Telegraphy Acts provide a general system of licensing of wireless telegraphy broadcasting and receiving equipment. Wireless Telegraphy means the emission receiving or emitting or receiving only [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[79],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19311"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19311"}],"version-history":[{"count":24,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19311\/revisions"}],"predecessor-version":[{"id":19324,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19311\/revisions\/19324"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19311"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19311"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}