S.I. No. 67/1974 - Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

1. The licensee specified in Part I of the Schedule to this licence is hereby authorised—

(

a

) to install, maintain, work and use a station at the places specified in Parts II and III of the Schedule;

(

b

) to connect the station with service points in the area described in Part III of the Schedule to the intent that programmes received by the station may be capable of being received by wire at service points in that area.

2. The licensee shall be responsible for obtaining such wayleave permission as may be necessary for the installation, maintenance, working and use of the station.

3. The licensee—

(

a

) shall relay to each service point the national television programmes of Radio Telefís Éireann at the times at which they are being broadcast,

(

b

) may relay such (if any) programmes as are specified in Part V of the Schedule to this licence,

(

c

) shall relay to each service point the national sound programmes of Radio Telefís Éireann on the very high frequency band at the times at which they are being broadcast,

(

d

) if any of the sound programmes specified in Part V of the Schedule to this licence are being relayed on the medium frequency band to service points shall relay the national sound programmes of Radio Telefís Éireann at the times at which they are being broadcast on the medium frequency band to each service point,

(

e

) shall relay to each service point such approved local programmes as may be required by the Minister under Regulation 12 (

a

) of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974, to be relayed,

and shall not relay any other programmes or matter save with the consent in writing of the Minister. Should such consent in writing be given the licence shall be regarded as amended accordingly.

4. The Minister may by giving licensees not less than two years' previous notice in writing revoke all wired broadcast relay licences that have been in force for at least, seven years and are for the time being in force or all such wired broadcast relay licences relating to stations within a specified district or area.

5. This licence unless surrendered and subject to any suspension thereof, shall remain in force unless and until it is revoked by the Minister.

6. The apparatus of the station shall be so designed, constructed, installed, maintained and operated that no harmful interference with any State or other authorised apparatus for wireless telegraphy and no harmful effect on any telegraphic line of the Minister (wherever placed and by whomsoever used) is caused.

7. The licensee shall maintain a record of the names and addresses of possessors of television sets at service points connected with the station and the record shall include particulars of the dates on which the programmes were first relayed to each service point and the dates on which relay to any service point ceased.

8. The licensee shall within one month of the date on which the relaying of programmes from the station commenced give the Minister a statement in writing specifying in respect of that date—

(

a

) the names and addresses of persons having television sets at the service points, and

(

b

) the total number of service points.

9. If in any succeeding month there is a change—

(

a

) of persons having television sets at service points, or

(

b

) in the total number of service points,

the licensee shall, within 8 days from the end of that month notify the Minister of the changes and furnish to him particulars of the changes.

10. Within 8 days from—

(

a

) the end of the period of six months beginning immediately after the month aforesaid, and

(

b

) the end of every subsequent period of six months beginning immediately after the period of six months preceding it,

the licensee shall give to the Minister a statement in writing specifying in respect of the last day of the preceding month the total number of service points connected to the station.

11. Nothing contained in this licence shall authorise the licensee to do any act which is an infringement of any copyright which may exist in any relayed broadcast matter.

12. The attention of the licensee is particularly directed to Regulations 6, 9, 10, 11, 12 and 15 of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 which contain other conditions to be complied with by the licensee of a station.

13. In this licence—

"approved local programme" means a sound programme or a television programme originated locally and approved of by the Minister for relay from a station or stations ;

"the Minister" means the Minister for Posts and Telegraphs;

"quarter" means a period of three months ending on the 31st day of March, 30th day of June, 30th day of September or 31st day of December;

"relay" means, in relation to television programmes or television programmes and sound programmes, receive the programmes by means of wireless telegraphy apparatus and then convey them by wire from the place of reception to service points, and cognate words shall be construed accordingly;

"service point" means a point in a premises or part of a premises connected by wire to a station and to which television 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 ;

"sound programme" means a programme intended for general reception in sound only;

"station" means wireless telegraphy apparatus, including any aerials and the wires connected to the service points served by the apparatus, used solely for the purpose of relaying television programmes or television programmes and sound programmes and any apparatus associated with the apparatus aforesaid;

"television programme" means a programme intended for general reception in visual images with or without sound.

SCHEDULE

PART I

Licensee

PART II

Location of aerial

PART III

Area to be served by station

PART IV

Minimum number of service points to be connected to the station to which this licence relates

PART V

Programmes which may be relayed in addition to those of Radio Telefís Éireann

GIVEN under my Official Seal, this 15th day of March, 1974.

CONOR CRUISE O'BRIEN.

The Minister for Finance hereby consents to the foregoing Regulations so far as they relate to fees.

GIVEN under the Official Seal of the Minister for Finance, this

16th day of March, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

These Regulations provide for the issue of licences for apparatus used solely for the purpose of relaying television programmes or television programmes and sound programmes (relay stations), for the regulation of relay stations and for the payment of licence fees quarterly.

14. (1) Whenever the Minister is satisfied that a licensee has failed to observe any of the conditions subject to which his licence was granted or has failed to pay the fees payable under these Regulations within 21 days of the due date or has done, in respect of apparatus kept under the licence, any act (whether of commission or omission) which is a contravention of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), as amended by the

Wireless Telegraphy Act, 1956

(No. 4 of 1956), the

Broadcasting Authority Act, 1960

(No. 10 of 1960), the

Wireless Telegraphy Act, 1972

(No. 5 of 1972), or these Regulations, the Minister may suspend for any period or revoke the licence in whole or in part by notice in writing sent by post to the licensee at his last known address.

(2) If the number of service points connected to a station twelve months after the date of issue of the licence relating to it or at any time thereafter is less than the minimum number specified in the licence, the Minister may suspend or revoke the licence in whole or in part by notice in writing sent by post to the licensee at his last known address.

(3) If—

(

a

) a receiving order in bankruptcy is made in respect of the estate of a licensee, or

(

b

) the licensee, being a company (within the meaning of the

Companies Act, 1963

(No. 33 of 1963), an order for its winding up is made or a resolution for voluntary winding up (within the meaning of that Act) is passed by the company otherwise than for the purpose of a merger or reconstruction or a receiver of the property of the company is appointed,

the Minister may suspend or revoke the licence of the licensee by notice in writing sent to him by post at his last known address.

(4) In addition to the other powers of suspension conferred by these Regulations, the Minister may at any time by notice published in

Iris Oifigiúil

, suspend for any period in whole or in part all licences for the time being in force or all such licences relating to stations within a specified district or area.

(5) The suspension or revocation of a licence under this Regulation shall not operate to entitle the licensee to a refund of any fee paid by him in relation to the licence or any part of such fee.

15. If the Minister—

(

a

) is satisfied that the use of any of the apparatus of a station is causing or is likely to cause interference 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, and

(

b

) gives notice in writing by post to the relevant licensee at his last known address requiring the use of that apparatus to cease forthwith or on or before a date and time stated in the notice,

the use thereof shall cease accordingly and shall not be resumed until such notice has been withdrawn by the Minister.

16. An authorised officer, when exercising any power pursuant to these Regulations, shall if so requested, produce a copy of his appointment under these Regulations to any person affected.

17. Nothing contained in a licence shall authorise the licensee to do any act which is an infringement of any copyright which may exist in any television programme or sound programme.

SCHEDULE

Wireless Telegraphy Act, 1926

Wired Broadcast Relay Licence

Licence to install, maintain, work and use a wired broadcast relay station issued subject to the provisions of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

S.I. No. 67 of 1974.

WIRELESS TELEGRAPHY (WIRED BROADCAST RELAY LICENCE) REGULATIONS, 1974.

I, CONOR CRUISE O'BRIEN, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by

section 6

(1) of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), as amended by the

Wireless Telegraphy Act, 1956

(No. 4 of 1956), and the

Wireless Telegraphy Act, 1972

(No. 5 of 1972), and, so far as these Regulations relate to fees, with the consent of the Minister for Finance, hereby make the following Regulations