S.I. No. 407/2020 - Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) Regulations 2020

1. Coverage at specific locations in the State

Coverage

Location

Obligation

Outdoors

Specific locations in relation to the extraordinary situation arising from COVID-19 as may be determined from time to time by the Government and communicated to the Commission by the Department of the Environment, Climate and Communications

Best efforts using all rights of use available to the Licensee

Table 1: Outdoor coverage obligations at specific locations in relation to the extraordinary situation arising from COVID-19

GIVEN under the Official Seal of the Commission for Communications Regulation

2 October 2020.

GARRETT BLANEY

Chairman of the Commission, For and on Behalf of the Commission for Communications Regulation.

The Minister for the Environment, Climate and Communications, in accordance with

section 37

of the

Communications Regulation Act, 2002

, (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 373 of 2020

)) consents to the making of the foregoing Regulations

Signed 2 day of October 2020

EAMON RYAN

Minister for the Environment, Climate and Communications.

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 further temporary licences for apparatus for wireless telegraphy for terrestrial systems capable of providing Electronic Communications Services in the 700 MHz Duplex, the 2.1 GHz, the 2.6 GHz Bands to address the temporary impact upon Electronic Communications Networks and Electronic Communications Services from the extraordinary situation arising from COVID-19.

1 Memorandum of Understanding on frequency coordination between Ireland and the United Kingdom concerning the spectrum coordination of Land Mobile Radio Communication Networks in the frequency range 703 MHz to 2690 MHz, available at www.comreg.ie

2 This power limit is specified as EIRP for Terminal Stations designed to be fixed or installed and as total radiated power (TRP) for Terminal Stations designed to be mobile or nomadic. This value is subject to a tolerance of up to + 2 dB, to take account of operation under extreme environmental conditions and production spread.

3 Memorandum of Understanding on frequency coordination between Ireland and the United Kingdom concerning the spectrum coordination of Land Mobile Radio Communication Networks in the frequency range 703 MHz to 2690 MHz, available at www.comreg.ie

4 For the determination of out of band emissions of terminals in CEPT Report 39 the maximum conducted transmit power of 23 dBm has been used as a reference.

5 This power limit is specified as EIRP for terminal stations designed to be fixed or installed and as TRP for terminal stations designed to be mobile or nomadic. EIRP and TRP are equivalent for isotropic antennas. It is recognised that this value may be subject to a tolerance defined in the harmonised standards to take account of operation under extreme environmental conditions and production spread.

6 Memorandum of Understanding on frequency coordination between Ireland and the United Kingdom concerning the spectrum coordination of Land Mobile Radio Communication Networks in the frequency range 703 MHz to 2690 MHz, available at www.comreg.ie

7 Aeronautical radar locations (Dublin, Shannon and Cork) and technical parameters are detailed in Plum Report, Commission Documents 19/59c and 19/124c, available at www.comreg.ie

8 Shape files (.SHP) representing these figures are available at www.comreg.ie

9 Commission Document 19/59c, available at www.comreg.ie

10 Commission Document 19/124c, available at www.comreg.ie

11 EIRP should be used for fixed or installed terminal stations and the TRP should be used for the mobile or nomadic terminal stations. TRP is a measure of how much power the antenna actually radiates. The TRP is defined as the integral of the power transmitted in different directions over the entire radiation sphere.

12 Each operator needs to ensure the start of frame is aligned with adjacent channel operators above and below its assignment

13 It is important to note that, in order to meet the restricted mask, operators would likely have to adopt guard bands within their assignment.

2. (1) Licensees with 2.6 GHz Band TDD Blocks shall be bound by the inter-Licensee synchronisation procedure set out in this Section 3.

(2) Licensees shall co-operate in such a way that one network deployment within spectrum in the 2.6 GHz Band does not cause Harmful Interference to that of another Licensee.

(3) This procedure sets out the circumstances in which Licensees may use the Unrestricted BEM and the Restricted BEM, so as to minimise the risk of Harmful Interference to other Licensees.

Conditions for using the Unrestricted BEM

3. (1) Default Frame Structure - The technical conditions for Unrestricted BEM shall apply where a Licensee’s Base Station complies with the Default Frame Structure outlined below

(

a

) Transmissions from a Licensee’s Base Station(s) shall have a frame structure as shown in Figure 1. Indicated timeslots (or subframes) must not be allocated to anything other than Downlink (D) and Uplink (U) transmissions. ‘S’ denotes a special subframe. TD-LTE frame configuration 2 (Downlink: Uplink, 3:1) with special subframe configuration 6 or equivalent frame structures whose transmit and receive periods are aligned with this configuration are permitted;

(

b

) Timeslots shall have a duration of 1 millisecond; and

(

c

) Licensees shall ensure that frames start at a common reference time (+/- 1.5 µs) so that all Licensees’ frames are aligned and transmissions synchronised.

DL/UL ratio

Timeslot or Subframe number

0

1

2

3

4

5

6

7

8

9

3:1

D

S

U

D

D

D

S

U

D

D

Figure 1: Default Frame Structure

Conditions for using the Restrictive BEM

4. (1) Other Frame Structure — the technical conditions for Restricted BEM shall apply where a Licensee’s Base Station complies with the Other Frame Structure as outlined below

(

a

) All frame configurations that are not compatible with TD-LTE frame configuration 2 (3:1) with special sub-frame configuration 6 or equivalent frame structure whose transmit and receive periods are aligned with this configuration are permitted;

(

b

) Licensees shall co-operate to minimise Harmful Interference caused by sub-frame overlaps if different technologies are used; and

(

c

) Licensees using the Restricted BEM shall not cause Harmful Interference to those Licensees’ networks that use the Default Frame Structure (or equivalent). Achieving this may include applying internal guard bands and/or reduced in block power levels in blocks adjacent to those Licensees’ networks that use the Default Frame Structure (or equivalent).

Indoor Small Cells

5. (1) Indoor Small Cells with an EIRP not exceeding 24dBm for indoor domestic and other indoor locations are exempted from synchronisation restrictions. The Unrestricted BEM set out in this Section applies to such Indoor Small Cells on the condition that they do not cause Harmful Interference to any other Licensees.

Section 4: Coverage Requirements

6. (1) Any Licensee that is granted a Licence under these Regulations and to which these Regulations apply shall

(

a

) ensure that it complies with the conditions in its Licence and with these Regulations;

(

b

) ensure that any Apparatus in the 700 MHz Duplex complies with the Decision of 2016, any Apparatus in the 2.1 GHz Band complies with the Decision of 2012, and any Apparatus in the 2.6 GHz Band complies with the Decision of 2008;

(

c

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

(

d

) ensure that all Apparatus worked or used under the Licence is worked or used only in the radio frequency spectrum specified in the Licence;

(

e

) ensure that it makes payment of the fee set out in and in accordance with Regulation 8;

(

f

) furnish such information in respect of the Licence as may be requested by the Commission from time to time;

(

g

) ensure that all Apparatus, or any part thereof, is installed, maintained, worked and used so as not to cause Harmful Interference;

(

h

) ensure that all Apparatus, or any part thereof, complies with the Radio Equipment Regulations;

(

i

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

(

j

) 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;

(

k

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

(

l

) not Transfer or Lease any rights of use for radio frequencies attaching to a Licence.

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 a Licence from time to time in accordance with the Authorisation Regulations having regard to, among other things, the factors set out in Regulation 4(2), and by giving the Licensee 5 days’ notice in writing.

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

Licence Fees

8. (1) The fee for a Licence, or renewal of a Licence, is €100 and is non-refundable.

(2) Any payment to be paid by a Licensee under 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.

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 to keep, have possession of, install, maintain, work and use Apparatus at a specified location or locations in the State.

SCHEDULE 1

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (FURTHER TEMPORARY ELECTRONIC COMMUNICATIONS SERVICES LICENCES) REGULATIONS 2020

Further Temporary Licence for terrestrial systems capable of providing Electronic Communications Services

Licence under section 5 of the Act of 1926 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 Act of 1926 hereby grants the following licence to

[LICENSEE NAME]

of

[LICENSEE ADDRESS]

(“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 of this Licence, subject to such apparatus being installed, maintained, worked and used in accordance with the terms, conditions and restrictions set out in the Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) Regulations 2020 (

S.I. No. 407 of 2020

) (“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 and within Parts 1 to 4 of this Licence; and

(2) The Licensee shall ensure that it makes payment of the fee detailed in the Regulations.

For the purpose of this Licence, the definitions set out in the Wireless Telegraphy (Further Temporary Electronic Communications Services Licences) Regulations 2020 apply.

This Licence shall come in to effect on

DD/MM/YYYY

(the “Licence Commencement Date”) and, subject to revocation, suspension or withdrawal, expires on

DD/MM/YYYY

.

Signed: ___________________________________________________

For and on behalf of the Commission for Communications Regulation

Date of Issue: _______________________________________________

Part 1

Commencement and expiry dates of Spectrum Blocks

Authorised Band

Name of Spectrum Block

Frequency Assigned to Spectrum Block

Commencement Date per Spectrum Block

Expiry Date per Spectrum Block

700 MHz Duplex, 2.1 GHz, 2.6 GHz, as appropriate

Block A, B, C etc.

From ____________ MHz to ____________ MHz

DD Month YYYY

DD Month YYYY

Part 2

The Apparatus to which this Licence applies

Authorised Band

Equipment Index Reference

Terrestrial System

Equipment Description

Manufacturer

Model

700 MHz Duplex, 2.1 GHz, 2.6 GHz as appropriate

Part 3

Apparatus Location and Details

Authorised Band

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP

700 MHz Duplex, 2.1 GHz, 2.6 GHz as appropriate

Part 4

Licence Conditions

Section 1: General

Harmful Interference

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th October,

2020.

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 substituted by

section 182

of the

Broadcasting Act 2009

(No. 18 of 2009), and with the consent of the Minister for the Environment, Climate and Communications in accordance with

section 37

of the

Communications Regulation Act 2002

(No. 20 of 2002), (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 (

S.I. No. 373 of 2020

)) hereby makes the following Regulations

Citation