S.I. No. 339/2003 - Wireless Telegraphy (Gsm Mobile Telephony Licence) (Amendment) Regulations, 2003

1. This Licence shall come into operation on and unless previously revoked shall expire on the ____ day of ___ 20 __,

2. The Licensee shall ensure that it complies with the geographical and technical conditions contained within the First — Third schedules to this licence

3. The licensee shall ensure that it complies with all the commitments contained within Schedule 4 of the licence being made by the licensee in the course of a comparative evaluation selection procedure.

Schedule 1

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

Schedule 2

The apparatus for wireless telegraphy to which this Licence applies.

Schedule 3

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

Schedule 4

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

GIVEN under the officical 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 23

rd

day of July

2003

Dermot Ahern T.D.

Minister for Communications, Marine and Natural Resources

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 mobile telephony services, for the regulation of such apparatus and for the payment of fees by persons granted licences for that purpose.

*

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

4. 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 and that a mobile telephony system 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 sucessors 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 pay all fees due to the Commission in the manner prescribed under these Regulations;

6. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made subject to and 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. 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

7. (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 its appointment, be furnished by the Commission with a certificate of its 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

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 €25,395

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:-

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