S.I. No. 295/2007 - Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007

1. Where the Licence concerned relates to a Fixed Satellite Earth Station having an equivalent isotropically radiated power greater than 50dBW, 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 Commission 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

(

a

) the annual Licence fee for the Fixed Satellite Earth Station on the issue of and on each renewal of the Licence. The amount payable in relation to each Licence shall be

(i) €100 where the Licensee has 10, or less than 10, other Licences for Fixed Satellite Earth Stations, and,

(ii) €25 for each additional Fixed Satellite Earth Station above that specified in sub-paragraph (i).

2. Where the Licence concerned relates to a Fixed Satellite Earth Station for use in any frequency bands other than those specified in paragraph 1 above, and the frequency band is above 3 GHz, operating to a single space station, the Licensee shall pay 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 the frequency band of operation, 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 Licence fee may be calculated with reference to the table and formula in the following sub-paragraphs

(

a

) (i) 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

Annual Fee Payable

€

Less than 500 kHz

1000

500 kHz to < 2 MHz

1250

2 MHz to < 11 MHz

1500

11 MHz to < 40 MHz

1750

40 MHz to 80 MHz

2000

Above 80 MHz, per MHz Bandwidth or part thereof

25

(ii) Where the equivalent isotropically radiated power is between 50 and 75 dBW the fee may be calculated by increasing the fee for the appropriate bandwidth which would otherwise be payable by virtue of sub-paragraph (i), by €250.

(iii) Where the equivalent isotropically radiated power is greater than 75dBW the fee may be calculated by increasing the fee for the appropriate bandwidth, which would otherwise be payable by virtue of sub-paragraph (i), by €500.

(

b

) In relation to a Licence for a Fixed Satellite Earth Station for use in the frequency band 10-15 GHz, the fee which would otherwise be payable by virtue of sub-paragraphs (i), (ii), (iii) shall be reduced by €500;

(

c

) In relation to a Licence for a Fixed Satellite Earth Station for use in the frequency band 15-20 GHz, the fee which would otherwise be payable by virtue of sub-paragraphs (i), (ii), (iii) shall be reduced by €875;

(

d

) In relation to a Licence for a Fixed Satellite Earth Station for use in the frequency band 20-30 GHz, the which would otherwise be payable by virtue of sub-paragraphs (i), (ii), (iii) shall be reduced by €900;

(

e

) In relation to a Licence for a Fixed Satellite Earth Station for use in the frequency bands above 30 GHz, the fee which would otherwise be payable by virtue of sub-paragraphs (i), (ii), (iii), shall be reduced by €950.

(

f

) 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 fee payable shall be the amount specified in sub-paragraph (

a

) (iii) as applied to the bands specified in paragraphs (

a

), (

b

), (

c

), (

d

) and (

e

).

3. Where the Licence concerned relates to a Fixed Satellite Earth Station which is licensed for a portion of a year, operating to a single space station, up to eleven months, then the Licensee shall pay

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 or paragraph 2; B is the number of whole months for which the Licence is granted (without prejudice to Part 4 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.

Teleport Facility Licence Fees

4. The Licensee shall pay a fee, calculated on the basis of each individual Fixed Satellite Earth Station comprising the Teleport Facility, on the issue of the Licence. The amount payable in relation to the fee will depend on the bandwidth of the radio spectrum used by each of the Fixed Satellite Earth Stations comprising the Teleport Facility, each of which shall be set out in Part 3 of the Licence. The amount of the Licence fee is provided for in the numerical table of this paragraph as set out below

Bandwidth of Radio Spectrum Used

Fee Payable 60 Months

€

Less than 500 kHz

25000

500 kHz to < 2 MHz

31250

2 MHz to < 11 MHz

37500

11 MHz to < 40 MHz

43750

40 MHz to 80 MHz

50000

Above 80 MHz, per MHz Bandwidth or part thereof

625

5. The Licensee shall pay a fee, calculated on the basis of each individual Fixed Satellite Earth Station comprising the Teleport Facility, on the renewal of the Licence for a period of not less than twelve months and not more than sixty months in accordance with the provisions of Regulation 5. The amount payable on renewal of the licence will depend on the bandwidth of the radio spectrum used by each of the Fixed Satellite Earth Stations comprising the Teleport Facility, each of which shall be set out in Part 3 of the Licence. The amount of the Licence fee is provided for in the numerical table as set out below

Bandwidth of Radio Spectrum Used

Annual Fee Payable

€

Less than 500 kHz

5000

500 kHz to < 2 MHz

6250

2 MHz to < 11 MHz

7500

11 MHz to < 40 MHz

8750

40 MHz to 80 MHz

10000

Above 80 MHz, per MHz Bandwidth or part thereof

125

(1) For each additional Fixed Satellite Earth Station which it is desired to add to the Teleport Facility subsequent to the initial grant of the Licence, a further fee of €1575 shall be paid by the Licensee on application for the addition of the additional fixed satellite earth station by way of amendment to Part 3, Part 6 and Part 7 of the Licence, in accordance with the provisions of these Regulations.

(2) For each additional Space Station to which it is desired for one or more of the Fixed Satellite Earth Stations, comprising the Teleport Facility, to communicate with, a further co-ordination fee of €1575 shall be paid by the Licensee, in respect of each Fixed Satellite Earth Station comprising the Teleport Facility, on application for the addition of the Space Station by way of amendment to Part 3 of the Licence, in accordance with the provisions of these Regulations.

GIVEN under the Official Seal of the Commission for Communications Regulation

14 June 2007

MIKE BYRNE

Chairperson

On behalf of the Commission of 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

14 June 2007

NOEL DEMPSEY

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 issuing of five year, annual and temporary licences for satellite earth stations, for the Fixed Satellite Service (as set out by the ITU), in frequencies above 3 GHz and of five year and annual licences for Teleport Facilities consisting of two or more non-transportable Fixed Satellite Earth Stations

6. (1) It shall be a condition of a Licence that

(

a

) the Licensee will comply with the geographical and technical conditions contained in Parts Six and Seven of the First Schedule to the Licence;

(

b

) the Licensee will ensure that it makes payments of the fees as outlined within the Second Schedule of the Licence;

(

c

) the Licensee may not, without the consent of the Commission (which shall not be unreasonably withheld), 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;

(

d

) the Licensee will ensure that the Fixed Satellite Earth Station or Teleport Facility, as appropriate, is used only on such radio frequency spectrum as may be specified in the Licence and such radio frequencies shall be used in an efficient manner.

(

e

) the Licensee will ensure that non-ionising radiation emissions from the Fixed Satellite Earth Station or Teleport Facility operated by the Licensee are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”), 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 European Community law;

(

f

) the Licensee will ensure that a Fixed Satellite Earth Station operated by the Licensee is not installed or operated at a location in a manner which causes the aggregate non-ionising radiation emissions at that location to exceed the limits specified by any guidelines published by the ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP, or its successors, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and European Community law.

(

g

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

(

h

) the Licensee will ensure that the Fixed Satellite Earth Station or Teleport Facility (as appropriate), or any part thereof, shall be installed, maintained, operated and used so as not to cause harmful interference;

(i) ensure that the installation of the Fixed Satellite Earth Station or Teleport Facility, 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;

(

j

) the Licensee will ensure compliance 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; and

(

k

) the Licensee will ensure that, save as may be required by law, physical access to, and use of, the Fixed Satellite Earth Station, Fixed Satellite Earth Stations or Teleport Facility 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.

Enforcement, Amendment, Revocation and Suspension

7. (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.

Fees

8. (1) Fees as set out and provided for in Schedule 2 are hereby prescribed in relation to Licences for the purpose of section 6 of the Act of 1926.

(2) Fees set out in Schedule 2 are on an annual basis and for other Licence durations are adjusted pro-rata.

(3) Fees shall be paid to the Commission for Communications Regulation by way of banker's draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide. Where the date of payment falls on a Saturday, a Sunday or a public holiday payment shall be made on or before the last working day before the date of payment;

(4) If a Licence is suspended or revoked, the Licensee shall not be entitled to be repaid any part of the fee paid by the Licensee under these Regulations but shall still be liable to pay any sums (including interest) outstanding;

Transitional Arrangements

9. (1) Subject to paragraph 2, the Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (

S.I. No. 261 of 2000

) and the Wireless Telegraphy (Teleport Facility) Regulations 2001 (

S.I. No. 18 of 2001

) are hereby revoked.

(2) A licence issued under the Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (

S.I. No. 261 of 2000

) or the Wireless Telegraphy (Teleport Facility) Regulations 2001 (

S.I. No. 18 of 2001

) in force immediately before the commencement of these Regulations will continue in force as if it had run continuously from the date of its issue.

SCHEDULE 1 Wireless Telegraphy Act 1926

Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007

Licence under

Section 5

of the

Wireless Telegraphy Act, 1926

, to keep, have possession of, install, maintain, work and use a Fixed Satellite Earth Station or a Teleport Facility.

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

section 5

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as amended, hereby grants to the licensee specified authorisation to keep, have possession of, install, maintain, work and use a Fixed Satellite Earth Station [or Teleport Facility] having the characteristics described in the Licence and subject to the terms and conditions as set out in the Wireless Telegraphy (Fixed Satellite Earth Station and Teleport Facility) Regulations 2007 (

S.I. No. 295 of 2007

)

The Commission for Communications Regulation, grants the following Licence to:......................................................................... of...................................................................

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

22

nd June

, 2007.

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) as amended and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to

section 37

of the

Communications Regulation Act 2002

hereby makes the following regulations

Citation