S.I. No. 675/2003 - Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 2003

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

2. The Licensee shall ensure that it complies with the Technical details and conditions contained in Parts 1 and 4 of this licence;

Part One

The Apparatus,

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

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

Particulars of retransmission stations

Part Two

Licence commencement date.

Part Three

Address for notices

Part Four

Technical Conditions

Part 5

Specific content provided by the licensee

GIVEN under the Official Seal of the Commission for Communications Regulation, this 15th day of December, 2003

On behalf of the Commission for Communication 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 11th day of December, 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 purposes of the retransmission of licensed programme services in the UHF television bands.

1

O.J. No. L298 of 17 October 1989, pp. 23-30.

2

O.J. No. L202 of 30 July 1997, pp. 60-71.

3. the licensee shall not, without the consent of the Commission assign the licence or any of the powers duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it;

4. the licensee shall ensure that non-ionising radiation emissions from each 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 a Deflector 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. the licensee shall comply with all commitments and obligations contained in the Schedule of its Licence;

6. the licensee will pay the fees set out in Regulation 9 of these Regulations;

7. 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.

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

(2) The Commission may amend the Licence where it 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 necessary to do so.

(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.

(4) Commission may revoke the Licence where objectively justifiable, and in a proportionate manner. Any revocation shall be in accordance with the Authorisation Regulations and any other requirements under applicable national or European Community law.

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) A fee shall be payable by the licensee to the Commission prior to the grant or renewal of the licence.

(2) The amount of the fee shall be equivalent to €50 per transmitter per annum.

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

(4) 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.

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

(6) Notwithstanding Regulation 6(2) 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.

(7) If the licence is awarded 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; B is the number of whole months, or parts thereof, for which the Licence is granted and C is the appropriate Licence Fee to be paid.

(8) The fee may be paid on the first day of each quarter subject to the consent of the Commission;

Interference

11. (1)(a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, with any wireless telegraphy apparatus 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.

(b) If the Commission is satisfied that the licensee has failed to comply with subparagraph (a) and serves on the licensee a notice requiring that the use of such retransmission 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Commission and shall otherwise take such measures (if any) as may be specified by the Commission in the notice.

(2) (a) The licensee shall ensure that every retransmission station, or part thereof, shall be designed, constructed, installed, maintained, operated and used so as not to cause interference, of any type whatsoever, to the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, any television broadcasting transmitter any telegraphic line or any telecommunications service.

(b) If the Commission is satisfied that the licensee has failed to comply with subparagraph (a) of this Regulation and serves on the licensee a notice requiring that the use of such retransmission 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, the licensee shall cease to use the retransmission station, or part thereof, unless and until such notice has been withdrawn by the Commission and shall otherwise take such measures (if any as may be specified by the Commission in the notice.

(3) (a) The licensee is not licensed in respect of any area or areas where interference of any type whatsoever, from the lawful use or operation of any apparatus for wireless telegraphy, any broadcasting station, or any television broadcasting transmitter, is caused to the reception of any of the licensed programme services retransmitted by the licensee.

(b) Subject to the provisions of sub-paragraph (a), where the licensee is licensed to retransmit licensed programme services on non-reserved spectrum, the Commission may suspend, revoke or vary the licence where the licensee suffers interference, of any type whatsoever, from the test transmissions of DTT.

(4) Where the licensee is licensed to retransmit licensed programme services on a frequency channel or channels that are part of the reserved spectrum the Commission shall revoke the licence with respect to the reserved spectrum where it is satisfied that continued operation would cause interference, of any type whatsoever, with test transmissions of DTT.

(5) Where the licensee is licensed to retransmit licensed programme services on nonreserved spectrum and such retransmission causes interference, of any type whatsoever, with test transmissions of DTT the Commission may suspend, revoke or vary the licence.

Licensee to satisfy all Legal Requirements.

12. 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 operation of a Deflector 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 a Deflector Network and the Commission shall bear no responsibility for such costs, expenses or commitments.

WIRELESS TELEGRAPHY (UHF TELEVISION PROGRAMME RETRANSMISSION) 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 operating a UHF television programme retransmission network.

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 (UHF Television Programme Retransmission) Regulations, 2003 (S.I. No. of 2003)

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

SCHEDULE

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

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