S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 (2000_si_261) | IE

ISB SI

Reg. 1 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

1. Where the Licence concerned relates to a fixed satellite earth station or fixed satellite earth stations for use in one or both of the frequency bands 12.5-12.75 GHz and 14.0-14.25 GHz, or in another frequency band determined from time to time by the Director to be a frequency band for which the fee structure set out in this paragraph should apply, operating to a single space station, the Licensee shall pay

(i) an application fee of IR£78.76 on submission of the application and;

(ii) a Licence fee for each fixed satellite earth station on the issue of and on each renewal of the Licence. The amount payable in relation to the Licence fee shall be

(

a

) IR£78.76 for each fixed satellite earth station, up to ten, and,

(

b

) IR£19.69 for each additional fixed satellite earth station, above ten.

ISB SI

Reg. 2 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

2. Where the Licence concerned relates to a fixed satellite earth station or fixed satellite earth stations for use in any other frequency bands than those specified in paragraph 1 above, and is above 3 GHz, operating to a single space station, the Licensee shall pay

(i) an application fee of IR£315.03 on submission of the application for a fixed satellite earth station, and,

(ii) a Licence fee on the issue of and on each renewal of the Licence. The amount payable in relation to the Licence fee will depend on which frequency band the fixed satellite earth station is Licensed to operate in, the bandwidth of the radio spectrum used and the power emitted by the fixed satellite earth station, each of which shall be set out in Part III of the Licence. The amount of the Licence fee is provided for in the numerical tables of this paragraph as set out below

(

a

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 3-10 GHz and operating at an equivalent isotropically radiated power less than 50 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

787.56

500 kHz to < 2 MHz

984.45

2 MHz to < 11 MHz

1,181.35

11 MHz to < 40 MHz

1,378.24

40 MHz to < 80 MHz

1,575.13

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

c

) will be payable.

(

b

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 3-10 GHz and operating at an equivalent isotropically radiated power between 50 and 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

984.45

500 kHz to < 2 MHz

1,181.35

2 MHz to < 11 MHz

1,378.24

11 MHz to < 40 MHz

1,575.13

40 MHz to < 80 MHz

1,772.02

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

c

) will be payable.

(

c

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 3-10 GHz and operating at an equivalent isotropically radiated power greater than 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

1,181.35

500 kHz to < 2 MHz

1,378.24

2 MHz to < 11 MHz

1,575.13

11 MHz to < 40 MHz

1,772.02

40 MHz to < 80 MHz

1,968.91

Notwithstanding the above, in the case where a fixed satellite earth station is licensed for use as a receiving fixed satellite earth station or a receive only fixed satellite earth station the fees payable shall be the amount specified in the table contained in this sub-paragraph.

(

d

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 10-15 GHz and operating at an equivalent isotropically radiated power less than 50 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

393.78

500 kHz to < 2 MHz

590.68

2 MHz to < 11 MHz

787.56

11 MHz to < 40 MHz

984.46

40 MHz to < 80 MHz

1,181.35

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

f

) will be payable.

(

e

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 10-15 GHz and operating at an equivalent isotropically radiated power between 50 and 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

590.68

500 kHz to < 2 MHz

787.56

2 MHz to < 11 MHz

984.46

11 MHz to < 40 MHz

1,181.35

40 MHz to < 80 MHz

1,378.24

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

f

) will be payable.

(

f

) In relation to a Licence for a fixed satellite earth station for use in the frequency band 10-15 GHz and operating at an equivalent isotropically radiated power greater than 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

787.56

500 kHz to < 2 MHz

984.46

2 MHz to < 11 MHz

1,181.35

11 MHz to < 40 MHz

1,378.35

40 MHz to < 80 MHz

1,575.13

Notwithstanding the above, in the case where a fixed satellite earth station is licensed for use as a receiving fixed satellite earth station or a receive only fixed satellite earth station the fees payable shall be the amount specified in the table contained in this sub-paragraph.

(

g

) In relation to a Licence for a fixed satellite earth station for use in the frequency band above 15 GHz and operating at an equivalent isotropically radiated power less than 50 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

98.46

500 kHz to < 2 MHz

196.89

2 MHz to < 11 MHz

393.78

11 MHz to < 40 MHz

590.68

40 MHz to < 80 MHz

787.56

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

i

) will be payable.

(

h

) In relation to a Licence for a fixed satellite earth station for use in the frequency band greater than 15 GHz and operating at an equivalent isotropically radiated power between 50 and 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

196.89

500 kHz to < 2 MHz

393.78

2 MHz to < 11 MHz

590.68

11 MHz to < 40 MHz

787.56

40 MHz to < 80 MHz

984.46

In addition to the above, in the case where a fixed satellite earth station is also licensed for use as a receiving fixed satellite earth station, the amount specified in sub-paragraph (

i

) will be payable.

(

i

) In relation to a Licence for a fixed satellite earth station for use in the frequency band above 15 GHz and operating at an equivalent isotropically radiated power greater than 75 dBW the following fees will apply

Bandwidth of Radio Spectrum Used

Fee Payable IR£

Less than 500 kHz

393.78

500 kHz to < 2 MHz

590.68

2 MHz to < 11 MHz

787.56

11 MHz to < 40 MHz

984.46

40 MHz to < 80 MHz

1,181.35

Notwithstanding the above, in the case where a fixed satellite earth station is licensed for use as a receiving fixed satellite earth station or a receive only fixed satellite earth station the fees payable shall be the amount specified in the table contained in this sub-paragraph.

ISB SI

Reg. 3 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

3. Where the Licence concerned relates to a fixed satellite earth station or fixed satellite earth stations for a portion of a year, operating to a single space station, up to eleven months, then the Licensee shall pay

(i) an application fee half the relevant amount specified for an annual Licence in paragraphs 1(i) and 2(i) above and;

(ii) where a Licence is granted for a portion of a year the Licence fees to be paid by the Licensee shall be calculated as follows

A x (B/12) = C

where A is the relevant annual Licence fee set out in paragraph 1(ii) or paragraph 2(ii); B is the number of whole months for which the Licence is granted (without prejudice to Part IV of the Licence, 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.

GIVEN under may hand this 24th day of August, 2000.

ETAIN DOYLE

Director of Telecommunications Regulation.

The Minister for Public Enterprise hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Public Enterprise, this 22nd day of August, 2000.

MARY O'ROURKE T.D.,

Minister for Public Enterprise.

EXPLANATORY NOTE.

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

These Regulations provide 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.

1

O.J. No. L91, 7.4.1999, p.10.

1

O.J. No. L91, 7.4.1999, p.10.

ISB SI

Reg. 4 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

4. The Licensee shall comply with the technical conditions set out in Part VI and with any alterations or additions thereto notified to the Licensee in writing by or on behalf of the Director.

ISB SI

Reg. 5 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

5. It shall be a condition of the Licence that:—

(

a

) Where the Licence relates to a fixed satellite earth station or fixed satellite earth stations to be used for the purpose of providing telecommunications networks, systems or services to which section 111 of the Act of 1983, as amended by the Licensing Regulations relates, the Licensee is the holder of a Telecommunications Licence.

(

b

) The fixed satellite earth station or fixed satellite earth stations 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.

(

c

) The Licensee shall ensure that the fixed satellite earth station or fixed satellite earth stations shall comply with the requirements of the RTTE Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999

1

(

d

) The Licensee shall not, save with the prior written consent of the Director (which consent shall not unreasonably be 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.

(

e

) The Licensee shall ensure

(i) that non-ionising radiation emissions from the fixed satellite earth station or fixed satellite earth stations operated by the Licensee are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”) 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 radiation emission standards specified by national and EC law; and

(ii) that a fixed satellite earth station 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 emissions standards specified by national and EC law.

(

f

) The Licensee shall ensure that the fixed satellite earth station or fixed satellite earth stations, or any part thereof, shall be installed, maintained, operated and used so 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.

(

g

) The Licensee shall ensure that the installation of the fixed satellite earth station or fixed satellite earth stations, or any part thereof is effected, and its maintenance and operation is carried on, in such a manner as to ensure that the safety of persons or property is not endangered.

(

h

) The Licensee shall, where—

(i) the Director, or his or her authorised officer, is satisfied that the Licensee has failed, or is failing, to comply with sub-paragraphs (

f

) or (

g

) of this Paragraph; and

(ii) serves on the Licensee a notice pursuant to Regulation 16 of the Regulations,

ensure that the notice is complied with.

(

i

) The Licensee shall ensure that he or she obtains any other approvals, consents, licences, permissions and authorities required by law for the installation, transport, maintenance, work and use of the fixed satellite earth station or fixed satellite earth stations to which the Licence relates and that he or she complies with any requirements relating to the licensed fixed satellite earth station under applicable national and EC law.

(

j

) The Licensee shall ensure that, save as may be required by law, access to, and use of, the fixed satellite earth station or fixed satellite earth stations to which the Licence relates is restricted to the Licensee, employees or agents of the Licensee and persons authorised by or on behalf of the Licensee.

(

k

) 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 fixed satellite earth station or fixed satellite earth stations.

(

l

) If any message or information which a Licensee is not authorised to receive is unintentionally received by means of a fixed satellite earth station or fixed satellite earth stations, the Licensee shall not—

(i) make known, 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 person, or

(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.

(

m

) The Licensee shall—

(i) furnish to the Director such information and reports relating to the operation of a fixed satellite earth station or fixed satellite earth stations as the Director may, from time to time, by notice in writing served on the Licensee, require;

(ii) keep all or any records which the Director, from time to time, informs the Licensee that he or she requires to be kept;

(iii) on request from an authorised officer, produce his or her Licence for inspection by the authorised officer;

(iv) upon becoming aware 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;

(v) on request from an authorised officer, permit the authorised officer 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 fixed satellite earth station or fixed satellite earth stations to which the Licence relates;

(vi) on request from an authorised officer, make available any test equipment or apparatus necessary to facilitate testing by the authorised officer of a fixed satellite earth station or fixed satellite earth stations or of any apparatus for wireless telegraphy situated therein and any other apparatus associated therewith;

(vii) within 28 days after the occurrence of any of the following events notify the Director of such an occurrence

(

a

) any change in the persons having control of the Licence, or in the directors of the Licensee or in the directors of any body corporate having control of the Licensee; and

(

b

) any change in the persons having any interest in the Licensee or in a body corporate having direct or indirect control of the Licensee such that a person or group of persons acting together

(I) has acquired an interest of more than 20 per cent in aggregate; or

(II) having (or having had) an interest of more than 20 per cent in aggregate in the Licensee, has increased or decreased that interest.

For the purposes of this subparagraph, control means the possession, directly or indirectly of the power to direct or cause the direction of the management policies whether through ownership of voting rights, by contract or otherwise.

(

n

) The fixed satellite earth station or fixed satellite earth stations shall be used only at such geographic location or geographic locations as may be specified in Part VII of the Licence.

ISB SI

Reg. 6 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

6. (1) The Director may amend the Licence from time to time where objectively justifiable and in a proportionate manner, in accordance with the Licensing Regulations, as applicable, and any requirement under applicable national or EC law.

(2) Without prejudice to Paragraph 7 of the Licence and sub-paragraph (1) of this Paragraph, the Director may, in accordance with the Licensing Regulations as applicable, and in any case after serving notice on the Licensee specifying reasons and after affording the Licensee reasonable opportunity to make representations and after having considered any such representations suspend or revoke the Licence in any of the following circumstances

(i) where a condition of the Licence (including any condition imposed under these Regulations or other relevant enactments) 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 provision of the Regulations or any other relevant enactment;

(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 EC 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 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.

(viii) where the Licensee notifies the Director that he or she does not intend to use the satellite earth station for a licensed purpose;

(ix) where the Licensee agrees with the Director that the Licence should be revoked;

(x) where the Licensee fails to use a fixed satellite earth station for a period of more than 30 consecutive days during any time after the commencement of the Licence;

(xi) where, in circumstances where the Licensee is a body corporate, a change of which the Licensee is required to notify the Director under sub-paragraph (vii) of paragraph (

m

) of Regulation 13 of the Regulations occurs and that change is such that, if the Director was determining whether to award the Licence to the Licensee in the new circumstances, the Director would not award the Licence to the Licensee because of the change.

ISB SI

Reg. 7 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

7. Notwithstanding any other provision of this Licence, the Director or an authorised officer may where he or she is of the opinion that a fixed satellite earth station or fixed satellite earth stations, or part thereof, is causing, or is likely to cause, harmful interference, and in particular but not only 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, serve on the Licensee a notice, prohibiting the use, or as appropriate requiring that the use of such satellite earth 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, and the Licensee shall not use, or as appropriate shall cease to use the satellite earth station, or part thereof, unless and until such notice has been withdrawn by the Director, or an authorised officer, and shall otherwise take such measures (if any) as may be specified by the Director, or an authorised officer, in the notice.

ISB SI

Reg. 8 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

8. (1) Subject to the provisions of these Regulations, the Licensing Regulations as applicable and any requirement under applicable national or EC law, 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.

(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 fixed satellite earth station or fixed satellite earth stations, as particularised in Part III of the Licence.

ISB SI

Reg. 9 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

9. In this Licence—

“annual Licence” means a Licence under

section 5

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), for a fixed satellite earth station or fixed satellite earth stations to which Regulation 3, Regulation 7 and Regulation 9 paragraphs (1) to (6) of the Regulations apply and cognate words shall be construed accordingly;

“authorised officer” means a person appointed by the Director in writing to be an authorised officer for the purpose of the Regulations;

“equivalent isotropically radiated power” means the product of the power supplied to the antenna and the antenna gain in a given direction relative to an isotropic antenna;

“fixed satellite earth station” means a satellite earth station operating to the geostationary orbit in the fixed satellite service and in frequencies above 3 GHz other than a fixed earth satellite station forming part of a teleport facility;

“fixed satellite service” means a radio-communication service between earth stations at specified fixed points when one or more satellites are used;

“harmful interference” means interference which endangers the functioning of a radionavigation service or other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts any lawfully operating radio-communications service;

“high altitude platform station” means apparatus for wireless telegraphy located on an object at an altitude of 20km to 50km and at a specified, nominal, fixed point relative to the Earth;

“Licence” means a Licence under

section 5

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), being an annual or a short-term Licence for a fixed satellite earth station or fixed satellite earth stations as defined in the Regulations and cognate words shall be construed accordingly;

“Licensee” means the holder of a Licence;

“Licensing Regulations” means the European Communities (Telecommunications Licences) Regulations, 1998 (

S.I. No. 96 of 1998

);

“non-transportable satellite earth station” means a fixed satellite earth station operated at a single specified location;

“radiocommunications service” means a service involving the transmission, emission and/or reception of radio waves specified for specific telecommunications purposes;

“satellite earth station” means apparatus for wireless telegraphy, located on the Earth's surface, intended for the transmission of radio signals to, and/or the reception of radio signals from a space station;

“short-term Licence” means a Licence under

section 5

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), for a fixed satellite earth station or fixed satellite earth stations which is non-renewable and to which Regulation 8 and Regulation 9 paragraph (7) of the Regulations apply and cognate words shall be construed accordingly;

“space station” means apparatus for wireless telegraphy that is located on an object which is beyond the major portion of the Earth's atmosphere and which is not a high altitude platform station;

“Telecommunications Licence” means a Licence under section 111(2) of the Act of 1983;

“telecommunications network” 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 other electromagnetic means;

“teleport facility” means two or more non-transportable fixed satellite earth stations which collectively provide access to or from a telecommunications network for the provision of third party services, and which are located at a single, physically demarcated geographic location, and which collectively are capable of transmitting on more than one frequency to more than one space station simultaneously using steerable antennae;

“the Act of 1926” means the

Wireless Telegraphy Act, 1926

(No. 45 of 1926);

“the Act of 1983” means the

Postal and Telecommunications Services Act, 1983

(No. 24 of 1983);

“the Director” means the Director of Telecommunications Regulation appointed under the

Telecommunications (Miscellaneous Provisions) Act, 1996

(No. 34 of 1996);

“the Regulations” means the Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 (

S.I. No. 261 of 2000

);

“transportable satellite earth station” means a fixed satellite earth station which is transportable, which operates at varying locations and which remains in a fixed location during operation.

PARTS

Part I

Licensee

Part II

Type of Licence

Part III

Particulars of Fixed Satellite Earth Stations

Part IV

Licence Commencement and Termination Dates

Part V

Addresses for Notices

Part VI

Technical Conditions for Fixed Satellite Earth Stations

Part VII

Geographic Location(s) of Fixed Satellite Earth Stations

SECOND SCHEDULE

Fees Payable in Connection with Licences

ISB SI

Reg. 10 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

10. Fees as set out and provided for in the Second Schedule are hereby prescribed in relation to Licences for the purpose of

section 6

of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926).

ISB SI

Reg. 11 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

11. (1) Any fee paid in respect of a Licence pursuant to these Regulations shall not be refundable in the event of revocation, suspension or amendment of the Licence pursuant to these Regulations or through the operation of any other law.

(2) All fees prescribed under these Regulations shall be recoverable by the Director as a simple contract debt in any Court of competent jurisdiction.

ISB SI

Reg. 12 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

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.

Licence conditions.

ISB SI

Reg. 13 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

13. It shall be a condition of a Licence that—

(

a

) Where the Licence relates to a fixed satellite earth station or fixed satellite earth stations to be used for the purpose of providing telecommunications networks, systems or services to which section 111 of the Act of 1983, as amended by the Licensing Regulations, relates, the Licencee is the holder of a Telecommunications Licence.

(

b

) The fixed satellite earth station or fixed satellite earth stations 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.

(

c

) The Licensee shall ensure that the fixed satellite earth station or fixed satellite earth stations shall comply with the requirements of the RTTE Directive 1999/5/EC of the European Parliament and the Council of 9 March 1999

1

(

d

) The Licensee shall not, save with the prior written consent of the Director (which consent shall not unreasonably be 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.

(

e

) The Licensee shall ensure

(i) that non-ionising radiation emissions from the fixed satellite earth station or fixed satellite earth stations operated by the Licensee are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”) 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 radiation emission standards specified by national and EC law; and

(ii) that a fixed satellite earth station 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.

(

f

) The Licensee shall ensure that the fixed satellite earth station or fixed satellite earth stations, or any part thereof, shall be installed, maintained, operated and used so 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.

(

g

) The Licensee shall ensure that the installation of the fixed satellite earth station or fixed satellite earth stations, or any part thereof is effected, and its maintenance and operation is carried on, in such a manner as to ensure that the safety of persons or property is not endangered.

(

h

) The Licensee shall, where—

(i) the Director, or his or her authorised officer, is satisfied that the Licensee has failed, or is failing, to comply with sub-paragraphs (

f

) or (

g

) of this Regulation; and

(ii) serves on the Licensee a notice pursuant to Regulation 16 of these Regulations,

ensure that the notice is complied with.

(

i

) The Licensee shall ensure that he or she obtains any other approvals, consents, licences, permissions and authorities required by law for the installation, transport, maintanance, work and use of the fixed satellite earth station or fixed satellite earth stations to which the Licence relates and that he or she complies with any requirements relating to the licensed satellite earth station under applicable national and EC law.

(

j

) The Licensee shall ensure that, save as may be required by law, access to, and use of, the fixed satellite earth station or fixed satellite earth stations to which the Licence relates is restricted to the Licensee, employees or agents of the Licensee and persons authorised by or on behalf of the Licensee.

(

k

) 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 fixed satellite earth station or fixed satellite earth stations.

(

l

) If any message or information which a Licensee is not authorised to receive is unintentionally received by means of a fixed satellite earth station or fixed satellite earth stations, the Licensee shall not—

(i) make known, 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 person, or

(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.

(

m

) The Licensee shall—

(i) furnish to the Director such information and reports relating to the operation of a fixed satellite earth station or fixed satellite earth stations as the Director may, from time to time, by notice in writing served on the Licensee, require;

(ii) keep all or any records which the Director, from time to time, informs the Licensee that he or she requires to be kept;

(iii) on request from an authorised officer, produce his or her Licence for inspection by the authorised officer;

(iv) upon becoming aware 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;

(v) on request from an authorised officer, permit the authorised officer 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 fixed satellite earth station or fixed satellite earth stations to which the Licence relates;

(vi) on request from an authorised officer, make available any test equipment or apparatus necessary to facilitate testing by the authorised officer of a fixed satellite earth station or fixed satellite earth stations or of any apparatus for wireless telegraphy situated therein and any other apparatus associated therewith;

(vii) within 28 days after the occurrence of any of the following events notify the Director of such an occurrence

(

a

) any change in the persons having control of the Licence, or in the directors of the Licensee or in the directors of any body corporate having control of the Licensee; and

(

b

) any change in the persons having any interest in the Licensee or in a body corporate having direct or indirect control of the Licensee such that a person or group of persons acting together

(I) has acquired an interest of more than 20 per cent in aggregate; or

(II) having (or having had) an interest of more than 20 per cent in aggregate in the Licensee, has increased or decreased that interest.

For the purposes of this subparagraph, control means the possession, directly or indirectly of the power to direct or cause the direction of the management policies whether through ownership of voting rights, by contract or otherwise.

(

n

) The fixed satellite earth station or fixed satellite earth stations shall be used only at such geographic location or geographic locations as may be specified in Part VII of the Licence.

Enforcement, amendment, revocation and suspension.

ISB SI

Reg. 14 S.I. No. 261/2000 - Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations, 2000 Open official source

14. (1) The Director may amend the Licence from time to time where objectively justifiable and in a proportionate manner, in accordance with the Licensing Regulations, as applicable, and any requirement under applicable national or EC law.

(2) Without prejudice to Regulations 15 and 16 of these Regulations and sub-section (1) of this Regulation, the Director may, in accordance with the Licensing Regulations as applicable, and in any case after serving notice on the Licensee specifying reasons and after affording the Licensee reasonable opportunity to make representations and after having considered any such representations, suspend or revoke the Licence in any of the following circumstances

(i) where a condition of a Licence (including any condition imposed under these Regulations or other relevant enactments) 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 provision of these Regulations or any other relevant enactment;