S.I. No. 409/1997 - Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Mobile Telephones) Order, 1997

1. This Order may be cited as the

Wireless Telegraphy Act, 1926

(Section 3) (Exemption of Mobile Telephones) Order, 1997.

2. The

Interpretation Act, 1937

(No. 38 of 1937), applies to this Order.

3. In this Order -

"mobile telephone" means apparatus for wireless telegraphy capable of originating and receiving a call, being apparatus that -

(

a

) if it is digital apparatus, stands approved under the European Communities (Telecommunications Terminal Equipment) Regulations, 1997 (

S.I. No. 73 of 1997

), and

(

b

) if it is analogue apparatus, stands approved under the European Communities (Telecommunications Services) Regulations, 1992 (

S.I. No. 45 of 1992

);

"call" means a telephone call or other communication of any kind made or sent wholly or partly on a GSM or TAGS mobile telephony network;

"GSM mobile telephony network" means a public, digital, land-based, cellular, mobile telephony network operating in the 900 MHz frequency band;

"TACS mobile telephony network" means a public, analogue, land-based, cellular, mobile telephony network operating in the 900 MHz frequency band.

4. The following class of apparatus for wireless telegraphy, namely, mobile telephones, is hereby declared to be a class of apparatus for wireless telegraphy to which

section 3

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), is not to apply.

GIVEN under my hand, this 1st day of October, 1997

_______________________

Etain Doyle

Director of Telecommunications Regulation

EXPLANATORY NOTE

This Order provides for the exemption of GSM and TACS mobile telephones from the requirement to be licensed under the

Wireless Telegraphy Act, 1926

.

S.I. No. 409 of 1997.

ORDER entitled WIRELESS TELEGRAPHY ACT, 1926 (SECTION 3) (EXEMPTION OF MOBILE TELEPHONES) ORDER, 1997

I, Etain Doyle, Director of Telecommunications Regulation, in exercise of the powers conferred on me by subsection (6) (inserted by

section 11

of the

Wireless Telegraphy Act, 1972

(No. 5 of 1972)) of

section 3

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), and

section 4

of the

Telecommunications (Miscellaneous Provisions) Act, 1996

(No. 34 of 1996), hereby order as follows