IE
S.I. No. 83/1988 - Wireless Telegraphy (Community Repeater Licence) Regulations, 1988.
Table of Provisions (16)
Statutory Text (16 Articles)
1. A licence granted by the Minister is subject to the condition that the licensee shall ensure that the stations to which the licence relates comply with conditions which the Minister may from time to time determine and communicate to the licensee in writing at his last known address being conditions relating to the specification (including standard of performance), design compatibility, construction, lay-out, functioning or maintenance of stations or the form in which signals are to be sent to or received from stations.
2. A licensee shall ensure —
(
a
) that apparatus for wireless telegraphy to which any licence relates shall not cause radio or other interference with the use of any other apparatus for wireless telegraphy,
(
b
) that any such apparatus shall be compatible with the apparatus of other stations,
(
c
) the safe and efficient performance of his community repeater system,
(
d
) that his community repeater system is kept in good repair and does not pose or cause any threat or danger to any user of such station or the general public, and
(
e
) the efficient and orderly use of frequencies.
3. The Minister reserves the right to authorise the use of any radio frequency by any licensee.
4. A licensee shall not use or allow to be used at any station to which the licence relates any frequency or any greater power than those respectively specified in the licence.
5. A licensee shall ensure that the erection of all aerials and masts associated with his licensed community repeater system conforms to all requirements prescribed by law or to a lawful direction of a competent authority; in this regard particular attention is drawn to such requirements which relate to planning permission, installations in the proximity of airports, and precautions to be taken against possible damage to overhead power wires.
6. There shall at all times be affixed to each community repeater station a certificate issued by the Minister certifying that the station is one of those authorised under a licence granted by the Minister.
7. The licensee shall be responsible for all equipment connected to his community repeater system and for the operation of the system.
8. (1) No messages shall be sent or received other than messages on the business as authorised in the licence.
(2) In this condition "business" excludes—
(
a
) the business of sending or receipt of messages of other persons or corporations,
(
b
) the sending or receipt of messages on matters other than those directly connected with the "business" described in the licence, and
(
c
) the sending and receipt of messages in a manner which would infringe the Minister's privilege under the Telegraph Act, 1869, or the privilege of Bord Telecom Eireann under the
Postal and Telecommunications Services Act, 1983
.
9. When sending messages over a community repeater system, the operator of a station or such a system must ensure—
(
a
) that before a message is sent, he listens to ensure that no other station is sending messages,
(
b
) that every spoken message sent from any such station starts with an announcement of the call-sign of both called and calling stations,
(
c
) that the call-sign of the calling station shall be repeated at the end of every period of sending messages, and
(
d
) that the stations shall be called and identified only by their authorised call-signs specified in the licence.
THIRD SCHEDULE
WIRELESS TELEGRAPHY ACT, 1926
WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988
NOTIFICATION OF INSTALLATION OF A COMMUNITY REPEATER SYSTEM
NAME OF LICENSEE: ............................................................ .................................................
REPEATER: Location: ............................................................ ..................................................
National Grid Reference: ............................................................ ................................................
Repeater Station Identification No.: ............................................................ ...............................
USER EQUIPMENT: Location: ............................................................ ....................................
Trigger Station(s): ............................................................ ...........................................................
DATE OF INSTALLATION OF SYSTEM: ............................................................ ................
I, A.B., do solemnly and sincerely declare that: there has been installed a community repeater system as described above and that the apparatus used at the station in the said system complies in all respects with the technical and other requirements specified in the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988 (
S.I. No. 83 of 1988
), and any requirements prescribed by the Minister for Communications in writing; that the radio frequency and the power at the station are the same as those respectively specified in the community repeater licence; and that no unlicensed equipment affecting the said system is installed
and I make this solemn declaration conscientiously believing the same to be true and by virtue of the
Statutory Declarations Act, 1938
.
Signed: A.B. ............................................................ ............................................................ ...........................
Declared before me by A.B. ............................................................ ............................................................ ... at ............................................................ ............................................................ ................................................. this ............................. day of ............................................................ ............................................................ ............. ............................................................ ............................................................ .......................................................
GIVEN under my Official Seal, this 29th day of April, 1988.
RAPHAEL P. BURKE
The Minister for Finance consents to the foregoing Regulations so far as they relate to fees.
GIVEN under the Official Seal of the Minister for Finance, this 29th day of April, 1988.
RAY MacSHARRY.
EXPLANATORY NOTE.
These Regulations provide for the licensing of wireless telegraphy apparatus for the purpose of providing a mobile radio community repeater service and for the payment of fees by persons granted licences for that purpose.
10. (1) A licensee shall have on his community repeater system—
(
a
) within 11 months of the issue of the licence concerned not less than 5 trigger stations which operate in all not less than 20 mobile stations, and
(
b
) within 11 months of the first renewal of the licence and in respect of any subsequent renewal of a licence not less than 50 stations in all of which not less than 5 are trigger stations and not less than 20 are mobile stations.
(2) Subject to paragraph (3) of this Regulation, the Minister shall not renew the licence of a licensee who fails to have the minimum number of trigger stations and mobile stations specified in paragraph (1) of this Regulation.
(3) Notwithstanding the provisions of paragraph (1) of this Regulation, a licence may be renewed by the Minister at the end of the first year for which the licence was first issued or at the end of the year immediately following the year for which it was so renewed if the licensee concerned shows to the satisfaction of the Minister that he will have the appropriate number of stations on his community repeater system referred to in paragraph (1) of this Regulation within 3 months of the date of application for the renewal of the licence.
11. A licensee shall not—
(
a
) without the consent in writing of the Minister, 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,
(
b
) use or allow to be used a community repeater station, a trigger station or a mobile station for any purpose which is not specified in the licence,
(
c
) connect or allow to be connected any such station to the public telephone system,
(
d
) permit continuous or continual communication between a trigger station and a mobile station to which the licence relates or between two or more such mobile stations for so long as they are at particular points, or
(
e
) permit communication between trigger stations.
12. (1) If any message or communication which a licensee, his authorised agents or his users, are not authorised to receive is received by means of a station to which his licence relates, the licensee, his authorised agents or his users shall not make knwon or allow to be made known its contents, its origin, its destination, its existence or the fact of its receipt to any person ( other than an authorised officer) and shall not reproduce in writing or otherwise copy or make use of such message or communication or allow it to be reproduced in writing or other wise or to be copied or made use of.
(2) The licensee shall take such measures as are reasonably possible to prevent a message or communication referred to in paragraph (1) of this Regulation from being received at any station on his community repeater system.
13. A licensee shall—
(
a
) on request, produce the relevant licence for inspection by an authorised officer,
(
b
) take all reasonable steps to ensure that the stations to which the licence relates are at all times operated only by persons authorised by him and that access to the apparatus comprising any such station cannot be obtained by unauthorised persons,
(
c
) cease to operate all or any of such stations for such period as an authorised officer may require,
(
d
) bring to the notice of all users of his trigger stations and of all other persons authorised to operate any such stations the terms, conditions and limitations contained in these Regulations,
(
e
) on a request made by an authorised officer, permit the officer to inspect, at all reasonable times such stations, the licence, and any records kept for the purpose of the community repeater service, and
(
f
) furnish to the Minister such information relating to the community repeater system as the Minister may from time to time, by notice in writing sent by post to the licensee at his last known address, require.
14. The Minister may at any time amend or vary any licence.
15. Whenever the Minister is satisfied that a licence has failed to observe any of the conditions subject to which his licence was granted, 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 Acts, 1926 to 1972, or any Act amending or extending those Acts, or of 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.
FIRST SCHEDULE
WIRELESS TELEGRAPHY ACT, 1926
WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988
COMMUNITY REPEATER LICENCE
Licence to keep and have possession of apparatus for wireless telegraphy for the purpose of operating a community repeater system issued subject to the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988 (
S.I. No. 83 of 1988
).
S.I. No. 83 of 1988.
WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988.
I, RAPHAEL P. BURKE, Minister for Communications, in exercise of the powers conferred on me by
section 6
(l) of the
Wireless Telegraphy Act, 1926
(No. 45 of 1926), and the
Ministers and Secretaries (Amendment) Act, 1983
(No. 40 of 1983), with the consent, in relation to fees, of the Minister for Finance, hereby make the following Regulations