S.I. No. 338/2003 - Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) (No. 2) Regulations, 2003

1. The Licence shall come into operation on the ____ day of ____, ____, and unless previously revoked or renewed shall expire on the ____ day of _____, 20

2. The Licensee shall ensure that it complies with the Technical and Geographical conditions contained in Schedules 1 - 3 of this licence;

3. The Licensee shall ensure that it complies with all of the commitments contained within the Fourth Schedule of the Licence being made by the Licensee in the course of the comparative evaluation selection procedure;

Schedule One

The Apparatus.

Schedule Two

Portion of radio frequency spectrum on which the Apparatus is authorised by this Licence to be used.

Schedule Three

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

Schedule Four

Commitments which the Licensee made in the course of a competitive or comparative selection procedure.

Given under the official seal of the Commission for Communications Regulation

This 25 day of July 2003

On behalf of the Commission for Communications Regulation

The Minister for Communications, Marine and Natural Resources consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources

this 23rd day of July 2003

Dermot Ahern, 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 to keep and have possession of apparatus for wireless telegraphy for the purpose of using FWPMA for the provision of telecommunications access network and services.

4. that the Licensee shall ensure that non-ionising radiation emissions from each radio installation associated with the 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 which may from time to time be specified by the European Union and that an FWPMA network 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;

5. that the licensee shall comply with all commitments and obligations contained in Schedule 4 of its Licence;

6. that the licensee will pay the fees set out in Regulation 10 of these Regulations and

7. that the Licensee complies with any special conditions imposed under section 8 of the Act of 1972 and subject to which this Licence is deemed by subsection (3) of that section to be issued.

Amendment, Revocation And Suspension

8. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. The Commission may amend the Licence in accordance with the Authorisation Regulations and any other requirements under applicable national or European Community law.

(2) Where the Commission 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, it may amend the Licence in accordance with the Authorisation Regulations.

(3) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee, the Commission may, if it 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, and that any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

Powers of Authorised Officers

9. (1) The Commission may appoint such members of the staff of the Commission as it considers appropriate to be authorised officers to act for the purposes of these Regulations

(2) A person appointed under paragraph (1) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by paragraph (3) shall if so requested by any person thereby affected, produce such certificate to that person for inspection.

(3) For the purposes of the exercise by the Commission of its functions under these Regulations, an authorised officer may exercise the powers conferred on an authorised officer by section 39(3) of the Act of 2002.

Fees

10. (1) Subject to paragraph (2) of this Regulation, the following annual fees are hereby prescribed in relation to Licences for the purposes of section 6 of the Act of 1926

(a) Where the Licence concerned relates to Apparatus used in the frequency bands 2.0-2.3 GHz, 3.4-3.6 GHz or 10.1- 10.7 GHz

(i) a fee of €762 per MHz is payable on issue of the Licence;

(ii) a fee of €1,333 per MHz is payable on first renewal;

(iii) a fee of €1,905 per MHz is payable annually thereafter.

(b) Where the licence concerned related to Apparatus used in the frequency band 24.5-26.5GHz, a fee of €500 per MHz is payable on issue of the licence on each subsequent renewal thereafter.

(2) Where the Licence is granted for a portion of a year then the Licence fee to be paid by the Licensee shall be calculated as follows

A × (B ÷ 12)=C

where A is the appropriate annual fee as set out in Regulation 9(1), B is the number of whole months for which the Licence is granted, and C is the appropriate Licence fee to be paid.

(3) Where a Licence is amended in accordance with Regulation 8(3), the appropriate fee specified in paragraph (1) of this Regulation in relation to the additional radio frequency spectrum shall be paid at the time of the amendment. If the Licence amendment is granted for a portion of a year then the additional Licence fee to be paid by the Licensee in respect of the additional spectrum during that period shall be calculated as follows

A × (B ÷ 12)=C

where A is the appropriate annual fee, to be charged for the additional spectrum, as set out in Regulation 10(1), B is the number of whole months for which the Licence amendment is granted, and C is the appropriate Licence fee to be paid.

(4) Additional fees may be levied by the Commission in accordance with the provisions of the Authorisation Regulations

(5) The fee specified in this Regulation shall be paid to the Commission for Communications Regulation by way of banker's draft or such other means and on such terms as the Commission may decide.

(6) Where a Licence is suspended or revoked, the Licensee shall not be entitled to any repayment of any part of the fee paid by the Licensee under this Regulation.

(7) An amount payable by a person in respect of a fee under this Regulation may be recovered by the Commission from the person as a simple contract debt in any court of competent jurisdiction

Licensee to satisfy all Legal Requirements.

11. Nothing in these Regulations shall absolve the Licensee from any requirement in law to obtain such additional consents, permissions, authorisations or licences as may be necessary for the provision of FWPMA and a FWPMA Network and for the exercise of his or her rights or discharge of his or her obligations under the Licence. The Licensee is responsible for all costs, expenses and other commitments (financial and non-financial) in respect of the Licence and the provision of FWPMA and a FWPMA Network and the Commission shall bear no responsibility for such costs, expenses or commitments.

WIRELESS TELEGRAPHY ACT, 1926 WIRELESS TELEGRAPHY (FIXED WIRELESS POINT TO MULTI-POINT ACCESS LICENCE) (Amendment) (No.2) REGULATIONS, 2003

Licence under

section 5

of the

Wireless Telegraphy Act, 1926

, to keep and have possession of apparatus for wireless telegraphy for the purpose of providing Fixed Wireless Point to Multi-point Access.

The Commission, in exercise of the powers conferred on it by

section 5

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

Section 9

(1) of the

Communications Regulation Act, 2002

(No. 20 of 2002) hereby grants to the licensee specified authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in the Second Schedule of this licence and subject to the terms and conditions as set out in the Wireless Telegraphy (Fixed Wireless Access Point to Multi-point Licence)(Amendment) (no. 2) Regulations, 2003 (

S.I. No. 338 of 2003

)

The Commission for Communication Regulation, hereby grants the following Licence to: _________________________ of ____________________________ / having its registered office at ______________________

The Commission for Communications Regulation, in exercise of the powers conferred on it by

section 6

(1) of the

Wireless Telegraphy Act, 1926

(No. 45 of 1926), transferred by

section 4

of the

Telecommunications (Miscellaneous Provisions) Act, 1996

(No. 34 of 1996), and by

section 9

(1) of the

Communications Regulation Act 2002

, (No. 20 of 2002) and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to

section 37

of the

Communications Regulation Act 2002

, and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (

No. 300 of 2002

) as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 (

No. 307 of 2002

) hereby makes the following Regulations

Citation and Commencement