S.I. No. 442/1999 - Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations, 1999.

1. This Licence shall come into operation on the ________ day of _______, 200___, unless previously revoked or renewed shall expire on the _______ day of _______, 200___.

2. In this Licence—

“the Act of 1983” means the

Postal and Telecommunications Services Act, 1983

(No. 24 of 1983);

“the Apparatus” has the meaning assigned to it by paragraph 3;

“the Director” means the Director of Telecommunications Regulation;

“the Licensee” means _______________________________________________________________

of ________________________________________________________ /having its registered office at _____________________________

*

“the Service” has the meaning assigned to it by paragraph 5(1)(

a

);

3. The Licensee is hereby authorised to keep, have possession of, install, maintain, work and use, at the places specified in the First Schedule to this Licence, the apparatus for wireless telegraphy specified in the Second Schedule to this Licence (referred to subsequently in this Licence as “the Apparatus”)

4. Nothing in this Licence shall absolve the Licensee from any requirement in law to obtain any consents, permissions, authorisations or other licences that may be necessary for the provision of the Service, or for the discharge of the obligations, or the exercise of the entitlements, of the Licensee under this Licence.

5. (1) It shall be a condition of this Licence—

(

a

) that the Apparatus shall be used only for the purpose of the provision of the mobile telephony service authorised by a licence under section 111(2) of the Act of 1983 held by the Licensee (referred to subsequently in this Licence as “the Service”),

(

b

) that the Apparatus shall be used only on the radio frequency channels specified in the Third Schedule to this Licence and that those channels shall be used in an efficient manner,

(

c

) that the Licensee shall ensure that the Apparatus is not used in a manner that could infringe the privilege of the Minister for Public Enterprise under the Telegraph Act, 1869;

(

d

) that, if the Director—

(i) is satisfied that the use of any of the Apparatus is causing, or is likely to cause, interference with any other apparatus for wireless telegraphy; and

(ii) gives to the Licensee or sends to the Licensee, at the address of the Licensee specified in this Licence or notified to the Director under subparagraph (

n

) of this paragraph, a notice requiring that the Apparatus be modified or adjusted before such day and in such manner as may be specified in the notice or that the use thereof shall cease on and from such day, or during such period or such hours or such days, as may be specified in the notice,

the Licensee shall ensure that the requirement is complied with;

(

e

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

(

f

) that the Licensee shall take all reasonable measures to prevent a communication or information which the Licensee and employees and agents of the Licensee and users of the Service are not authorised to receive from being received by means of the Apparatus;

(

g

) that, if any such communication or information as aforesaid is so received, the Licensee shall not, and shall endeavour to ensure that employees and agents of the Licensee of the Service do not—

(i) make known its contents, origin, destination or existence or the fact of such receipt, to a person (other than the Director or a member of the staff of the Director); or

(ii) reproduce it in writing or otherwise copy it or make use of it;

(

h

) that the Licensee shall ensure that the installation, maintenance and operation of the Apparatus is such and is effected or carried on in such manner as to ensure that the safety of persons or property is not endangered and that the use of the Apparatus does not interfere with any other apparatus for wireless telegraphy the subject of a licence under

section 5

of the

Wireless Telegraphy Act, 1926

;

(

i

) that the Licensee shall ensure that the erection and positioning of Apparatus consisting of antennae and support structures for antennae is effected in accordance with law;

(

j

) 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 (“ICNIRP”) and that it complies with any radiation emission standards adopted and published from time to time by ICNIRP, any standards of the European Committee for Electrotechnical Standards and any standards specified by the European Union;

(

k

) that the Licensee shall ensure that access to the Apparatus is restricted to the Licensee, employees or agents of the Licensee and persons authorised by or on behalf of the Licensee to have such access;

(

l

) that, if the Director is of opinion that, in the interests of the orderly regulation of the use of apparatus for wireless telegraphy or radio frequency channels, it is desirable to do so, he or she 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 Director under subparagraph (

n

) of this paragraph:—

(i) suspend this Licence, in so far as it applies to a particular part of the Apparatus, kept at a particular place, specified in the notice, for such period as may be specified in the notice; or

(ii) amend a provision of this Licence in such manner as may be specified in the notice;

(

m

) that, at the request of the Licensee, the Director may, if he or she considers it appropriate to do so, amend this Licence by adding to, deleting from or altering the radio frequency channels specified in the Third Schedule to this Licence. Any such amendment shall be effected by a notice in writing from the Director specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in this Licence or notified to the Director under subparagraph (

n

) of this paragraph;

(

n

) that if the address of the Licensee changes, the Licensee shall, as soon as possible, notify the Director in writing of the change; and

(

o

) that the Licensee complies with any special conditions imposed under

section 8

of the

Wireless Telegraphy Act, 1972

, and subject to which this Licence is deemed by subsection (3) of that section to be issued.

FIRST SCHEDULE

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

SECOND SCHEDULE

The apparatus for wireless telegraphy to which this Licence applies.

THIRD SCHEDULE

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

GIVEN under my hand, this 23rd day of December, 1999.

ETAIN DOYLE,

Director of Telecommunications Regulation.

The Minister for Public Enterprise consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Enterprise, this 22nd day of December, 1999.

MARY O'ROURKE T.D.,

EXPLANATORY NOTE.

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

These Regulations provide for the issue of licences for apparatus for wireless telegraphy used solely for the purpose of providing GSM and TACS mobile telephony services, for the regulation of such apparatus and for the payment of fees by persons granted licences for that purpose.

*

O.J. No. J 196, 17/7/87, p. 35.

*

delete as appropriate.

6. (1) The Director may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made in accordance with Regulation 8(4)(

a

), and Regulation 8(6), of the Licensing Regulations, and any other requirements under applicable national or European Community law.

(2) Without prejudice to paragraph (1) of this Regulation, the Director may, in accordance with Regulation 8(6) of the Licensing Regulations, suspend or revoke the Licence in any of the following circumstances:—

(i) where a condition of the Licence (including a condition imposed under section 8 of the Act of 1972) is contravened;

(ii) where the Licensee fails or refuses to comply with a direction of the Director or hinders or obstructs an Authorised Officer in the performance of his or her functions;

(iii) where the Licensee contravenes any of the Acts or any regulations made thereunder;

(iv) where the Application made by the Licensee is or was false or misleading in a material respect;

(v) where, in the opinion of the Director, such revocation or suspension is required for the purpose of complying with national or European Community law;

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

(vii) where the Licensee is a company within the meaning of the Companies Acts 1963 to 1990, an order for its winding up has been made or a resolution for 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.

(3) Where the Director 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, he or she may, in accordance with Regulation 8(6) of the Licensing Regulations:—

(i) suspend the Licence, in so far as it applies to a particular part of the Apparatus kept at a particular place, specified in writing to the Licensee, for such period as may be specified in the notice; or

(ii) amend a provision of the Licence in such manner as may be specified in writing to the Licensee; or

(iii) revoke the Licence.

(4) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee, the Director may, if he or she 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 Director specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Director pursuant to the Licence.

Powers of Authorised Officers.

7. (1) The Director may appoint such member or members of the staff of the Director as he or she considers appropriate to be Authorised Officers for the purposes of these Regulations.

(2) An Authorised Officer, when exercising any power pursuant to this Regulation, shall, if so requested by any person affected, produce a copy of his or her warrant of appointment as an Authorised Officer to the person.

(3) An Authorised Officer may:—

(

a

) enter at all reasonable times any premises where he or she reasonably suspects that any Apparatus to which a Licence relates is kept or any business relating to a Licence is carried on and inspect the premises and any such Apparatus found on the premises and any records, in whatever form kept, so found relating to the Apparatus or that business and test any such Apparatus;

(

b

) direct any person whom he or she finds on premises entered pursuant to subparagraph (

a

) to give to him or her any information in his or her possession or procurement which he or she may reasonably request for the purposes of his or her functions under this Regulation; and

(

c

) take copies of, or of extracts from, any such records so found.

(4) If an Authorised Officer reasonably believes that an emergency exists, he or she may direct a Licensee to:—

(

a

) modify, in such manner as may be specified in the direction, the operating characteristics of any Apparatus to which the Licence relates; or

(

b

) cease operating any such Apparatus during such period as may be specified in the direction.

Fees.

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:—

(

a

) If the Licence relates to Apparatus for use for the provision of a GSM mobile telephony service then the Licensee shall pay:—

(i) in respect of each 200 KHz duplex radio frequency channel in the 900 MHz frequency band specified in the Licence, a fee of IR£20,000

and

(ii) in respect of each 200 KHz duplex radio frequency channel in the 1800 MHz frequency band specified in the Licence, a fee of:—

9. Nothing in these Regulations shall absolve a Licensee from any requirement in law to obtain any consents, permissions, authorisations or other licences that may be necessary for the provision of a mobile telephony service or for the discharge of the obligations, or the exercise of the entitlements, of the Licensee under the Licence.

SCHEDULE

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (GSM AND TACS MOBILE TELEPHONY LICENCE) REGULATIONS, 1999

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 mobile telephony service.

I, , Director of Telecommunications Regulation, in exercise of the powers conferred on me by

section 5

(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), hereby grant the following Licence to

_________________________________________________

of _______________________________________________

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), and pursuant to subsection (8) of the said section 4 and the Transport, Energy and Communications (Alteration of Name of Department and Title of Minister) Order, 1997 (

No. 299 of 1997

), with the consent of the Minister for Public Enterprise hereby make the following Regulations

Citation.