S.I. No. 532/2016 - Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016.

1. Definitions

The following additional definitions shall apply to this Licence

“Minimum Loading Criteria” means criteria set down by the Commission to define the minimum usage of the frequency channel used by the FWA apparatus.

Part 2

Commencement and Expiry dates per FWALA Service Area

FWALA Service Area Number

Existing Licence Reference Number

Centre Point of FWALA Service Area(Easting, Northing)

Frequency Assigned

Commencement Date

Expiry Date

Exclusions to FWALA Service Area

From __ MHz to __ MHz andFrom __ MHz to __ MHz

DD Month YYYY

DD Month YYYY

Part 3

The Apparatus to which this Licence applies

Existing Licence Reference Number

Centre Point of FWALA Service Area(Easting, Northing)

Manufacturer

Model

SCHEDULE 6

Reserve price for Type A and Type B Spectrum Block per Region

Region

Reserve Price per Type A Spectrum Block€

Reserve Price per Type B Spectrum Block€

Border, Midlands and West

114,000

22,800

South West

72,000

14,400

East

64,000

12,800

South East

44,000

8,800

CSO Boundary for Dublin City and Suburbs

178,000

35,600

CSO Boundary for Cork City and Suburbs

34,000

6,800

CSO Boundary for Limerick City and Suburbs

16,000

3,200

CSO Boundary for Galway City and Suburbs

14,000

2,800

CSO Boundary for Waterford City and Suburbs

8,000

1,600

SCHEDULE 7

Annual Spectrum Usage Fee before CPI Adjustment for Type A and Type B Spectrum Blocks per Region

Region

Annual Spectrum Usage Fee before CPI Adjustment per Type A Spectrum Block

€

Annual Spectrum Usage Fee before CPI Adjustment per Type B Spectrum Block

€

Border, Midlands and West

17,670

3,534

East

12,800

1,984

South East

8,800

1,364

South West

14,400

2,232

CSO Boundary for Dublin City and Suburbs

35,600

5,518

CSO Boundary for Cork City and Suburbs

6,800

1,054

CSO Boundary for Limerick City and Suburbs

3,200

496

CSO Boundary for Galway City and Suburbs

2,800

434

CSO Boundary for Waterford City and Suburbs

1,600

248

SCHEDULE 8

Annual fee per FWALA Service Area in a 3.6 GHz Band Transition Protected Licence

Radio frequency spectrum bandwidth (paired channel)

Annual Fee (€)

Up to 7MHz

1,500

Over 7 MHz and up to 14 MHz

2,000

Over 14 MHz and up to 28 MHz

2,800

The fee for an unpaired channel is calculated by reference to its “equivalent” paired channel bandwidth.

Where a spectrum rights for a FWALA Service Area in a Licence is granted for a portion of a year the fee to be paid by the licensee shall be calculated as follows

A x (B/12) = C

Where

• A is the relevant annual fee set out in this Schedule;

• B is the number of whole months for which the spectrum rights for a FWALA Service Area in the Licence is granted (if granted for a period of less than one month then, for the purpose of these calculations only, it shall be considered as a being granted for a period of one month); and

• C is the appropriate fee to be paid.

SCHEDULE 9

Annual fee per FWALA Service Area in a 3.6 GHz Band Transition Unprotected Licence

Radio frequency spectrum bandwidth (paired channel)

Annual Fee (€)

Up to 7MHz

1,783

Over 7 MHz and up to 14 MHz

2,378

Over 14 MHz and up to 28 MHz

3,329

The fee for an unpaired channel is calculated by reference to its “equivalent” paired channel bandwidth.

Where a spectrum rights for a FWALA Service Area in a Licence is granted for a portion of a year the fee to be paid by the licensee shall be calculated as follows

A x (B/12) = C

Where

• A is the relevant annual fee set out in this Schedule;

• B is the number of whole months for which the spectrum rights for a FWALA Service Area in the Licence is granted (if granted for a period of less than one month then, for the purpose of these calculations only, it shall be considered as a being granted for a period of one month); and

• C is the appropriate fee to be paid.

SCHEDULE 10

DESCRIPTION OF THE REGIONS

REGION NAME

REGION DESCRIPTION

Border, Midlands and West

That area of the State comprising counties Donegal, Leitrim, Sligo, Mayo, Roscommon, Cavan, Monaghan, Louth, Longford, Westmeath, Offaly, Laois and Galway, but excluding the respective parts of these counties contained in CSO Boundary for Galway City and Suburbs region, and as further specified in the Information Memorandum.

East

That area of the State comprising counties Meath, Kildare, Wicklow and Dublin, but excluding the respective parts of these counties contained in the CSO Boundary for Dublin City and Suburbs region, and as further specified in the Information Memorandum.

South East

That area of the State comprising counties Carlow, Wexford, the former local authority area of South Tipperary (as originally referred to as Tipperary South Riding in the Local Government Act 1898), Kilkenny and Waterford, but excluding the respective parts of these counties contained in the CSO Boundary of Waterford City and Suburbs region, and as further specified in the Information Memorandum.

South West

That area of the State comprising counties Clare, Limerick, Kerry, Cork and the former local authority area of North Tipperary (as originally referred to as Tipperary North Riding in the Local Government Act 1898) but excluding the respective parts of these counties contained in the CSO Boundary for Cork City and Suburbs region and the CSO Boundary for Limerick City and Suburbs region, and as further specified in the Information Memorandum.

CSO Boundary for Dublin City and Suburbs

That area of the State as defined by the CSO in the Census 2011 Boundary Files for Dublin City and Suburbs, and as further specified in the Information Memorandum.

CSO Boundary for Cork City and Suburbs

That area of the State as defined by the CSO in the Census 2011 Boundary Files for Cork City and Suburbs, and as further specified in the Information Memorandum.

CSO Boundary for Limerick City and Suburbs

That area of the State as defined by the CSO in the Census 2011 Boundary Files for Limerick City and Suburbs, and as further specified in the Information Memorandum.

CSO Boundary for Galway City and Suburbs

That area of the State as defined by the CSO in the Census 2011 Boundary Files for Galway City and Suburbs, and as further specified in the Information Memorandum.

CSO Boundary for Waterford City and Suburbs

That area of the State as defined by the CSO as per the Census 2011 Boundary Files for Waterford City and Suburbs, and as further specified in the Information Memorandum.

GIVEN under the official seal of the Commission for Communications Regulation this

18 October 2016.

GERRY FAHY,

Commissioner,

For and on Behalf of the Commission for Communications Regulation.

The Minister for Communications, Climate Action and Environment consents to the making of the foregoing Regulations.

GIVEN under the official seal of the Minister for Communications, Climate Action and Environment this

18 October 2016.

DENIS NAUGHTEN,

Minister for Communications, Climate Action and Environment.

EXPLANATORY NOTE

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

These Regulations prescribe matters in relation to licences for apparatus for Wireless Telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 3.6 GHz Band.

1See Annex 3 of ComReg Document 06/17R7 for a list of memoranda of understanding in place at the date of making of the Regulations.

2The field prediction method used shall be in accordance withRecommendation ITU-R P.452-16, unles otherwise specified by the Commission.

3See ECC Recommendation (15)01 — Cross-border coordination for mobile/fixed communications networks (MFCN) in the frequency bands: 694-790 MHz, 1452-1492 MHz, 3400-3600 MHz and 3600-3800 MHz —

http://www.erodocdb.dk/Docs/doc98/official/pdf/REC1501.PDF

4If the 3.6 GHz Band is used for the provision of backhaul connectivity, even if such Apparatus comprises of multiple hops to the network, this counts as a single Rollout Base Station, provided such backhaul connectivity carries data originating from or destined for multiple customer premises. The connection to individual customer premises equipment is excluded.

5Each of the areas of South Tipperary and North Tipperary will be deemed to be a county for the purposes of determining compliance with the rollout obligation.

6See for example, paragraph 2.6 of ComReg Document 14/89, Market Review: Retail Access to the Public Telephone Network at a Fixed Location for Residential and Non Residential Customers in relation to the fixed voice calls.

7“Time consistent busy hour” means the period of one-hour starting at the same time each day for which the average traffic of the network concerned is greatest over the days under consideration. The time consistent busy hour shall be determined from an analysis of traffic data obtained from the service and be subject to the Commission’s approval.The ‘Time consistent busy hour’ is determined from the Licensee’s voice traffic. It is the one-hour period during which there is the highest level of traffic. The blocked call rates are measured for the same one-hour period during each review period (i.e. 6 months). The one-hour period is determined by the Licensee and is subject to the Commission’s approval.

8The Commission does not envisage drive test measurements being required on a frequent basis, but notes that such measurements may be appropriate in circumstances where:circumstances where: • a Licensee is submitting a compliance report on QoS for the first time; • the Commission’s own vertification checks, drive test measurements or other information suggests that there may be discrepancies in the compliance report on QoS or the Licensee may not be meeting its QoS obligations.

9EIRP is the Equivalent Isotropically Radiated Power

2. The Minimum “Availability of the Network” Standard

(1) “Availability of the Network” shall be measured in terms of Network Unavailability and reported on an annual basis.

(2) The Licensee shall ensure that Network Unavailability is less than 35 minutes (based on the weighting factors set out in Table 4 below) per six month period.

Table 4: Weighting Factors for Network Unavailability tracking all periods of network unavailability.

Network Unavailability, Weighting Factors(divide duration of each network event by weighting factor)

Monday to Friday

Saturday

Sunday

For periods between 07:00 and 24:00 hours

1

2

4

For periods between 00:00 and 07:00 hours

4

8

16

(3) The “Availability of the Network” shall be calculated by combining the Network Unavailability measurements of the relevant services provided to the Licensee’s customers and provided to third party customers by the Licensee via contractual or other arrangements with the Licensee.

(4) The Licensee shall maintain a network log on a per Base Station basis in a manner that can demonstrate to the satisfaction of the Commission that such a network log is an adequate means of assessing whether the Licensee is complying with its “Availability of the Network” licence obligations.

(5) The network log, or as may be appropriate part thereof, shall be made available to the Commission upon request by the Commission.

(6) The Licensee shall calculate the Network Unavailability for any period specified by the Commission from the information recorded in the network log, and shall, upon request and within such time as may be specified by the Commission, provide the Commission with the results of the calculation.

3. The Minimum Voice Call Standard

(1) Where the Licensee and/or any third party by means of a contractual or other arrangement with the Licensee provides a Voice Call service on a Terrestrial System using the Licensed Spectrum Blocks, the Licensee shall comply with the minimum Voice Call standard set out in Table 5 below.

Table 5: Minimum Voice Call Standards for each 6 month period for annual reporting

Average

Worst Case

Maximum Permissible Blocking Rates(maximum percentage of total Voice Call attempts which are unsuccessful during the time consistent busy hour

7

)

2%

4%

Maximum Permissible Dropped Call Rates(maximum percentage of total originating calls which are prematurely released by the Network within 3 minutes of the Voice Call being made.)

2%

4%

Transmission quality:The Licensee shall ensure that: • the speech transmission quality of Voice Calls is as good as or better than the speech quality associated with the relevant ETSI Standard and Technical Specifications; and • appropriate echo treatment equipment is used and that such equipment is properly configured.

(2) Where a Voice Call service is provided by the Licensee and any third party via contractual or other arrangements with the Licensee, the minimum Voice Call standard shall be calculated by combining the Voice Call measurements of the Licensee with that of the third party.

4. Reporting on Compliance

(1) The Licensee shall maintain a log in respect of the performance of its Network against the Minimum Voice Call Standards in Table 5, according to measuring standards as agreed with the Commission and in such a manner that can demonstrate to the satisfaction of the Commission that its network log is an adequate means of assessing whether the Licensee is complying with these standards.

(2) The Licensee shall measure and submit to the Commission, within 31 days of each anniversary of the commencement of the Licence, an annual compliance report on the performance of its Network against the Minimum Voice Call Standards in Table 5.

(3) In the annual compliance report the Licensee shall notify the Commission whether or not it has met the Minimum Voice Call Standards in Table 5. Where the Licensee has failed to meet any of these standards, the Licensee shall provide adequate reasons and supporting information for same.

(4) The annual compliance report shall have sufficient detail and granularity to allow the Commission to verify the Licensee’s measurements.

(5) Failure by the Licensee to submit the annual compliance report to the Commission within the specified time period shall be deemed to be non-compliance by the Licensee with both these reporting obligations and the Voice Call standards.

(6) The Licensee shall, upon request by the Commission

8

, carry out drive test measurements against the Maximum Permissible Blocking Rates and Maximum Permissible Dropped Call Rates standards and submit these results to the Commission. These drive test measurements are to be carried out at the Licensee’s own expense and to a standard as agreed with the Commission.

(7) Failure by the Licensee to carry out and submit the drive tests measurements to the standard agreed with the Commission shall be deemed to be non-compliance by the Licensee with both these reporting obligations and the Maximum Permissible Blocking Rates and Maximum Permissible Dropped Call Rates standards.

SCHEDULE 2

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (3.6 GHz BAND LICENCES) REGULATIONS 2016

3.6 GHz Band Spectrum Lease Licence for terrestrial systems capable of providing Electronic Communications Services

Licence under

section 5

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as amended, to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services.

The Commission for Communications Regulation, 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 the following licence to ______________of ______________ (“the Licensee”).

The Licensee is hereby authorised to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services as specified in Part 2 to this Licence, subject to such apparatus being installed, maintained, worked and used in accordance with the terms and conditions and restrictions set out in the Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016) (“the Regulations”), including, but not limited to, the following

(1) The Licensee shall ensure that it complies with all of the conditions contained within the Regulations, under which this Licence is issued, and within Parts 1 to 4 of this Licence; and

(2) The Licensee shall ensure that it makes payment of all fees as detailed in the Regulations under which this Licence is issued.

This Licence shall come into effect on DD/MM/YY (the “Licence Commencement Date”) and, subject to revocation, suspension or withdrawal, expires on DD/MM/YY.

Signed: ______________

For and on behalf of the Commission for Communications Regulation

Date of Issue: ______________

Part 1

Commencement and Expiry dates per leased Type A and Type B Spectrum Block per Region

Lessor 3.6 GHz Band Liberalised Use Licence Number

Region

Name of Spectrum Block

Frequency Assigned to Spectrum Block

Commencement Date per Spectrum Block

Expiry Date per Spectrum Block

Block A, B, C etc.

From __ MHz to __ MHz

DD Month YYYY

DD Month YYYY

Part 2

The Apparatus to which this Licence applies

Equipment Index Reference

Terrestrial System

Equipment Description

Manufacturer

Model

Part 3

Apparatus Location and Details

Region

County

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP

9

Fixed outdoor Terminal Stations with a directional antenna

Region

County

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP

Part 4

Licence Conditions

The Licence Conditions will be specified by the Commission in accordance with such procedures as may be specified by the Commission from time to time under Regulation 19 of the Framework Regulations.

SCHEDULE 3

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (3.6 GHz BAND LICENCES) REGULATIONS 2016

3.6 GHz Band Preparatory Licence for terrestrial systems capable of providing Electronic Communications Services

Licence under

section 5

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as amended, to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services.

The Commission for Communications Regulation, 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 the following licence to ______________of ______________ (“the Licensee”).

The Licensee is hereby authorised to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services as specified in Part 2 to this Licence, subject to such apparatus being installed and maintained in accordance with the terms and conditions and restrictions set out in the Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016) (“the Regulations”), including, but not limited to, the following

(1) The Licensee shall ensure that it complies with all of the conditions contained within the Regulations, under which this Licence is issued, and within Parts 1 to 2 of this Licence; and

(2) The Licensee shall ensure that it makes payment of all fees as detailed in the Regulations under which this Licence is issued.

This Licence shall come into effect on DD/MM/YY (the “Licence Commencement Date”) and, subject to revocation, suspension or withdrawal, expires on DD/MM/YY.

Signed: ______________

For and on behalf of the Commission for Communications Regulation

Date of Issue: ______________

Part 1

Licence Conditions

(1) The Licensee may keep, have possession of, install and maintain the Apparatus detailed in Part 2 of this Licence.

(2) The Licensee shall not work or use the Apparatus detailed in Part 2 of this Licence.

Part 2

The Apparatus to which this Licence applies

To Include

Region

Commencement Date

Expiry Date

Manufacturer

Model

DD Month YYYY

DD Month YYYY

SCHEDULE 4

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (3.6 GHz BAND LICENCES) REGULATIONS

3.6 GHz Band Transition Protected Licence for terrestrial systems capable of providing Electronic Communications Services

Licence under

section 5

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as amended, to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services.

The Commission for Communications Regulation, 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 the following licence to ______________of ______________ (“the Licensee).

The Licensee is hereby authorised to keep and have possession of Apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services as specified in Part 3 to this Licence, subject to such Apparatus being installed, maintained, worked and used for the provision of FWA services in accordance with the relevant terms and conditions and restrictions set out in the Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016) (“the Regulations”) including, but not limited to, the following

(1) The Licensee shall ensure that it complies with all of the conditions contained within the Regulations, under which this Licence is issued, and within Parts 1 to 3 of this Licence; and

(2) The Licensee shall ensure that it makes payment of all fees as detailed in the Regulations under which this Licence is issued.

This Licence shall come into effect on DD/MM/YYY (the “Licence Commencement Date”) and, subject to revocation, suspension or withdrawal, expires on DD/MM/YYY.

Signed: ______________

For and on behalf of the Commission for Communications Regulation

Date of Issue: ______________

Part 1

5. Indoor Small Cells

(1) Indoor Small Cells are exempted from synchronisation. The Permissive Block Edge Mask set out in Section 2 applies to such Indoor Small Cells on the condition that they do not cause Harmful Interference to any other Licensees.

Section 4: Rollout Requirements

6. It shall be a condition of any Licence to which these Regulations apply that the Licensee shall

(1) ensure that it complies with the conditions contained within the Licence concerned and these Regulations;

(2) ensure that any Apparatus complies with the Decision of 2008 and the Decision of 2014;

(3) ensure that Apparatus installed, maintained, possessed or kept under the Licence is capable of operating within the radio frequency spectrum specified in the Licence concerned;

(4) ensure that where the Apparatus is worked or used, as appropriate, it is worked or used on such radio frequency spectrum as specified in the Licence concerned;

(5) comply with any rules to prevent spectrum hoarding as may be laid down by the Commission under the Framework Regulations;

(6) ensure that it makes payment of the fees set out in Regulation 8;

(7) ensure that in advance of the Licence Commencement Date and on or before 1 August for each calendar year in which the Licence concerned is in force, it submits up to date information to the Commission in respect of Parts 1, 2 and 3 of its 3.6 GHz Band Liberalised Use Licence, Parts 1, 2 and 3 of its 3.6 GHz Band Spectrum Lease Licence, Parts 2 and 3 of its 3.6 GHz Band Transition Protected Licence and/or Parts 2 and 3 of its 3.6 GHz Band Transition Unprotected Licence, as the case may be;

(8) furnish such information and reports as may be requested by the Commission from time to time;

(9) ensure that the Apparatus, or any part thereof, shall be installed, maintained, and where a Licence other than a 3.6 GHz Band Preparatory Licence is held, worked and used, so as not to cause Harmful Interference;

(10) ensure that the Apparatus or any part thereof complies with the R&TTE Regulations;

(11) comply with any special conditions imposed under section 8 of the Act of 1972;

(12)(

a

) notify the Commission, not less than 6 months prior to the proposed cessation of use of any terrestrial system listed in Part 2 of the 3.6 GHz Band Liberalised Use Licence or 3.6 GHz Band Spectrum Lease Licence as the case may be; and

(

b

) use all reasonable endeavours to ensure that any adverse effects on users caused by the cessation of use of a terrestrial system are minimised;

(13) upon becoming aware of any event likely to materially affect its ability to comply with these Regulations, or any conditions set out or referred to in any Licence, notify the Commission of that fact in writing no later than 5 Working Days upon becoming aware;

(14) comply with all obligations under relevant international agreements relating to the use of Apparatus or the frequencies to which they are assigned;

(15) notify the Commission of its intention to transfer any rights of use for radio frequencies attaching to a Licence;

(16) only transfer the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer Regulations;

(17) notify the Commission of its intention to lease any rights of use for radio frequencies attaching to a Licence;

(18) subject to paragraph 19, only lease the rights of use for radio frequencies attaching to a Licence in accordance with such procedures as may be specified by the Commission from time to time under Regulation 19 of the Framework Regulations;

(19) where the Commission has not yet put in place procedures referred to in paragraph 18 of this Regulation, not, without the prior consent of the Commission, which shall not be unreasonably withheld, lease any such rights of use attaching to a Licence; and

(20) ensure that if the address of the Licensee or its Transferee or Lessee changes, the Licensee, Transferee or Lessee shall, as soon as possible, but in any event within 28 days, notify the Commission in writing of the change.

Enforcement, Amendment, Withdrawal and Suspension

7. (1) Enforcement by the Commission of compliance by a Licensee with conditions attached to its Licence shall be in accordance with the Authorisation Regulations.

(2) The Commission may amend any Licence from time to time in accordance with the Authorisation Regulations.

(3) A Licence may be suspended or withdrawn by the Commission in accordance with the Authorisation Regulations.

(4) A Licence may be suspended or withdrawn by the Commission if, after the grant of a Licence pursuant to these Regulations, it emerges that the Licensee has breached the Award Rules.

Licence Fees

8. (1) The fee for a 3.6 GHz Band Liberalised Use Licence granted on foot of the Award is the sum of the Upfront Fee and the Spectrum Usage Fees over the duration of the Licence less any adjustments or refunds applicable to the Licensee, as identified in the Information Memorandum.

(2) The Reserve Price per Type A Spectrum Block and Type B Spectrum Block per Region is detailed in Schedule 6.

(3) The Base Price and the Additional Price for a 3.6 GHz Band Liberalised Use Licence shall be determined using the pricing methodology set out in the Information Memorandum.

(4) The annual Spectrum Usage Fee before CPI Adjustment per Type A Spectrum Block and Type B Spectrum Block per Region is detailed in Schedule 7.

(5) The Spectrum Usage Fee for a 3.6 GHz Band Liberalised Use Licence is the sum of the annual SUFs before CPI Adjustment associated with each Type A Spectrum Block and Type B Spectrum Block identified in the Licence and the CPI Adjustment for each Type A Spectrum Block and Type B Spectrum Block identified in the Licence.

(6) In the case of a Spectrum Usage Fee for a period of less than one year, the Spectrum Usage Fee shall be the relevant sum as detailed in paragraph 5 adjusted on a

pro rata

daily basis for such period.

(7) Where the commencement date of a 3.6 GHz Band Liberalised Use Licence is delayed due to circumstances as described in the Information Memorandum, a Licensee shall be entitled to an adjustment of the Licence Fees payable or a refund of Licence Fees already paid, as provided for in the Information Memorandum.

(8) The Upfront Fee, as specified in paragraph 1of this Regulation, less any adjustments or refunds applicable to the Licensee, shall be paid to the Commission on a date specified by the Commission in accordance with the Information Memorandum, by way of banker’s draft or such other means and on such other terms, if any, as the Commission may decide. Where the date of payment falls on a day other than a Working Day, payment shall be made on or before the last Working Day before the date on which payment would otherwise have fallen due.

(9) The Spectrum Usage Fees for a 3.6 GHz Band Liberalised Use Licence granted on foot of a Transfer are the Spectrum Usage Fees specified in paragraphs 5 and 6 of this Regulation.

(10) The Spectrum Usage Fees specified in this Regulation, less any adjustments or refunds applicable to the Licensee, shall be paid to the Commission prior to the grant of a 3.6 GHz Band Liberalised Use Licence or prior to 1 August of each respective calendar year during the term of the 3.6 GHz Band Liberalised Use Licence, as the case may be.

(11) If a 3.6 GHz Band Liberalised Use Licence is suspended or withdrawn under Regulation 7(3) or Regulation 7(4), the Licensee shall not be entitled to be repaid any part of the Upfront Fee or Spectrum Usage Fee paid by the Licensee under this Regulation, but shall still be liable to pay any sums, including interest, that are outstanding.

(12) If the amount of radio frequency spectrum specified in a 3.6 GHz Band Liberalised Use Licence is reduced under Regulation 7(2), the Licensee may be entitled to a refund of Spectrum Usage Fees already paid and a reduction on future SUFs on a

pro rata

basis having regard to the nature of the amendment. The Licensee shall not be entitled to any refund of its Upfront Fee.

(13) If the duration of a 3.6 GHz Band Liberalised Use Licence is reduced at the request of the Licensee, the Licensee may be entitled to a refund of Spectrum Usage Fees already paid, on a

pro rata

basis having regard to the reduced duration. The Licensee shall not be entitled to any refund of its Upfront Fee.

(14) The fee for a 3.6 GHz Band Spectrum Lease Licence shall be specified by the Commission in accordance with such procedures as may be specified by the Commission from time to time under Regulation 19 of the Framework Regulations.

(15) The fee for a Preparatory Licence is €100.

(16) The fee per FWALA Service Area in a 3.6 GHz Band Transition Protected Licence is detailed in Schedule 8.

(17) The fee per FWALA Service Area in a 3.6 GHz Band Transition Unprotected Licence is detailed in Schedule 9.

(18) Any payment to be paid by a Licensee under this Regulation, with the exception of the Upfront Fee as specificed in paragraph 1 of this Regulation, shall be made by way of banker’s draft or such other means and on such other terms, if any, as the Commission may decide. Where the date of payment falls on a day other than a Working Day, payment shall be made on or before the last Working Day before the date on which payment would otherwise have fallen due.

(19) Failure by a Licensee to make any payment required to be made under this Regulation on or before the date it falls due constitutes non-compliance by the Licensee with these Regulations. The Commission, in addition to enforcement actions in accordance with Regulation 7 of these Regulations, may take steps to recover the fees due in accordance with paragraphs 20 and 21 of this Regulation.

(20) Where payment of any fee is not made in due time, then the Licensee shall pay to the Commission interest on the fees or part thereof that was or is outstanding. Interest shall accrue from the date when such fee or part thereof fell due until the date of payment of such fee or part thereof and shall be calculated at the same rate payable in respect of late payments in commercial transactions pursuant to the European Communities (Late Payment in Commercial Transactions) Regulations 2012, (

S.I. No. 580 of 2012

).

(21) 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

9. (1) Licences granted pursuant to these Regulations do not grant to the Licensee any right, interest or entitlement other than the right to keep, and have possession of, install, and maintain, and for Licences other than a 3.6 GHz Band Preparatory Licence, to work and use, at a specified location or locations in the State, Apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services.

SCHEDULE 1

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (3.6 GHz BAND LICENCES) REGULATIONS 2016

3.6 GHz Band Liberalised Use Licence for terrestrial systems capable of providing Electronic Communications Services

Licence under

section 5

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as amended, to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services.

The Commission for Communications Regulation, 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 the following licence to ______________ of ______________ (“the Licensee”).

The Licensee is hereby authorised to keep and have possession of apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services as specified in Part 2 to this Licence, subject to such apparatus being installed, maintained, worked and used in accordance with the terms and conditions and restrictions set out in the Wireless Telegraphy (3.6 GHz Band Licences) Regulations 2016 (S.I. No. 532 of 2016) (“the Regulations”), including, but not limited to, the following

(1) The Licensee shall ensure that it complies with all of the conditions contained within the Regulations, under which this Licence is issued, and within Parts 1 to 4 of this Licence; and

(2) The Licensee shall ensure that it makes payment of all fees as detailed in the Regulations under which this Licence is issued.

This Licence shall come into effect on DD/MM/YY (the “Licence Commencement Date”) and, subject to revocation, suspension or withdrawal, expires on DD/MM/YY.

Signed: ______________

For and on behalf of the Commission for Communications Regulation

Date of Issue: ______________

Part 1

Commencement and Expiry dates per Type A and Type B Spectrum Block per Region

Region

Name of Spectrum Block

Frequency Assigned to Spectrum Block

Commencement Date per Spectrum Block

Expiry Date per Spectrum Block

Block A, B, C etc.

From ___ MHz to ___ MHz

DD Month YYYY

DD Month YYYY

Part 2

The Apparatus to which this Licence applies

Equipment Index Reference

Terrestrial System

Equipment Description

Manufacturer

Model

Part 3

Apparatus Location and Details

Region

County

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP

Fixed outdoor Terminal Stations with a directional antenna

Region

County

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP

Part 4

Licence Conditions

Section 1: General

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st October

, 2016.

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

section 6

of the

Wireless Telegraphy Act 1926

(No. 45 of 1926) as substituted by

section 182

of the

Broadcasting Act 2009

(No. 18 of 2009) and with the consent of the Minister for Communications, Climate Action and Environment, pursuant to

section 37

of the

Communications Regulation Act 2002

(No. 20 of 2002), hereby makes the following regulations

Citation