S.I. No. 264/2021 - Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021

1. Definitions

The following additional definitions shall apply in this section

“3GPP” means the 3

rd

Generation Partnership Project.

“Annual QoS Compliance Report” means an annual compliance report on the Licensee’s compliance with quality of service obligations, as described in section 6(5) below.

“Licensed Spectrum Blocks” means the Spectrum Blocks set out in Part 1 of the Licence;

“Maximum Permissible Blocking Rates” means the maximum percentage of total Voice Call attempts which are unsuccessful during the Time Consistent Busy Hour;

“Maximum Permissible Dropped Call Rates” means the maximum percentage of total originating calls which are prematurely released by the Network within 3 minutes of the Voice Call being made;

“Network” means any terrestrial system which uses the Licensed Spectrum Blocks;

“Network Unavailability” means the average number of minutes per six month period for which services on the Network are not available due to a disturbance, failure or scheduled unavailability to a Network;

“Time Consistent Busy Hour” means the period of one-hour starting at the same time each day for which the average voice traffic of the network concerned is greatest over the days under consideration. The time consistent busy hour shall be determined by the Licensee from an analysis of traffic data obtained from the service and be subject to the Commission’s approval;

“Voice Call” means all relevant non-VOIP (Voice over Internet Protocol) and managed VOIP call services

34

which are considered by the Commission to be substitutable with traditional voice call services as may be updated and notified to Licensees from time to time; and

“VoLTE” means voice over LTE which is is a managed voice service that benefits from prioritisation over other traffic.

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 7 below) per six month period.

Table 7: 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 end users and provided to end users of third parties

35

.

(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 Licensee shall make available the network log, or part thereof as appropriate, 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 those calculations.

3. The Minimum Voice Call Standard

(1) Where the Licensee or any third party, or both, 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 8 below.

Table 8: Minimum Voice Call Standards for each 6 month period for annual reporting

Average

Worst Case

Maximum Permissible Blocking Rates

36

2%

4%

Maximum Permissible Dropped Call Rates

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. The “VoLTE Availability” Obligation

(1) Where the Licensee has deployed LTE technology in any of the bands in which it holds rights of use under this Licence and also offers a mobile voice service to consumers using those bands, the Licensee shall

(a) enable VoLTE technology on its network and on its Base Stations which use those bands within 1 year;

(b) make a VoLTE service available to its end users (including MVNO end users) that have a VoLTE-enabled handset within 1 year; and

(c) deploy and maintain VoLTE across 50% of its LTE Base Stations which use those bands within 1 year and across 100% of such Base Stations within 2 years.

5. 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 8, 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) Every twelve months, the Licensee shall measure, or assess, or measure and assess, its compliance with each of (a) the Minimum Availability of the Network Standard, (b) the Minimum Voice Call Standard and (c) the VoLTE Availability Obligation set out above, and shall submit to the Commission, within 30 days of each anniversary of the commencement of the Licence, an Annual QoS Compliance Report detailing said compliance.

(3) the information required for the Annual QoS Compliance Report shall be agreed with the Commission in advance and the Annual QoS Compliance Report shall have sufficient detail and granularity to allow the Commission to verify the results of the Licensee’s measurements.

(4) the Licensee shall identify in the Annual QoS Compliance Report whether it has either (a) met the relevant QoS obligations specified in its Licence, as set out in Section 6(2), Section 6(3) and Section 6(4) above, or (b) failed to meet any of these obligations and, if so, the Licensee shall provide detailed reasons and supporting information for same.

(5) Failure by the Licensee to submit the Annual QoS Compliance Report to the Commission within the specified time period shall be deemed to be non-compliance by the Licensee with these reporting obligations and also with the Minimum Availability of the Network Standard, the Minimum Voice Call Standard and the VoLTE Availability Obligation.

(6) The Commission shall have the right to publish details of these reports subject to the provisions of the Commission’s guidelines on the treatment of confidential information.

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

37

, 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.

(8) 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.

(9) The Commission shall have the right to publish details of these measurement results subject to the provisions of the Commission’s guidelines on the treatment of confidential information.

(10) In addition to the annual compliance reporting as identified above, the Commission reserves the right to require a Licensee to provide additional material or information in respect of a right of use for radio frequencies as it deems appropriate in line with its statutory obligations and duties, which may include but is not limited to, Terminal Stations, Subscriber Identity Modules (SIM) cards or equivalents for measurements and testing as applicable, in sufficient quantity as the Commission shall determine to be necessary for the conduct of such measurements and testing.

SCHEDULE 2

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (LIBERALISED USE AND RELATED LICENCES IN THE 700 MHZ DUPLEX, 2.1 GHZ, 2.3 GHZ AND 2.6 GHZ BANDS) REGULATIONS 2021

MBSA2 Spectrum Lease 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 (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (

S.I. No. 264 of 2021

) (“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 all fees as detailed in the Regulations.

For the purpose of this Licence, the definitions set out in the Regulations 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 per leased Spectrum Block of Liberalised Spectrum

Lessor MBSA2 Liberalised Use Licence Number

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, 2.3 GHz, 2.6 GHz as appropriate

[One or more Blocks of Liberalised Spectrum]

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, 2.3 GHz, 2.6 GHz as appropriate

Part 3

Apparatus Location and Details

Authorised Band

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP / TRP

700 MHz Duplex, 2.1 GHz, 2.3 GHz, 2.6 GHz as appropriate

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 (LIBERALISED USE AND RELATED LICENCES IN THE 700 MHZ DUPLEX, 2.1 GHZ, 2.3 GHZ AND 2.6 GHZ BANDS) REGULATIONS 2021

MBSA2 Preparatory 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 and maintained in accordance with the terms, conditions and restrictions set out in the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (

S.I. No. 264 of 2021

) (“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 2 of this Licence; and

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

For the purpose of this Licence, the definitions set out in the Regulations 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

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

Authorised Band

Commencement Date

Expiry Date

Manufacturer

Model

DD Month YYYY

DD Month YYYY

SCHEDULE 4

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (LIBERALISED USE AND RELATED LICENCES IN THE 700 MHZ DUPLEX, 2.1 GHZ, 2.3 GHZ AND 2.6 GHZ BANDS) REGULATIONS 2021

MBSA2 2.3 GHz Band Transition Licence for apparatus for wireless telegraphy for the provision of Point to Multi-Point Radio Links in the 2.3 GHz Band and 2.4 GHz Bands

Licence under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for the provision of Point to Multi-Point Radio Links in the 2.3 GHz Band and 2.4 GHz Bands.

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 the provision of Point to Multi-Point Radio Links 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 (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (

S.I. No. 264 of 2021

) (“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 2 of this Licence; and

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

For the purpose of this Licence, the definitions set out in the Regulations 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 per Point to Multi-Point Radio Link

Existing Point to Multi-Point Licence No.

Transmit Station location (Eastings, Northings)

Frequency Assigned

Commencement Date

Expiry Date

From ________ MHz to ________ MHz

And

From ________ MHz to ________ MHz

DD Month YYYY

DD Month YYYY

Part 2

Location(s) and technical conditions of Apparatus

Existing Point to Multi-Point Licence No.

Transmit Station location (Eastings, Northings)

Max EIRP (dBW)

Make

Model

SCHEDULE 5

Annual SUF before CPI Adjustment for each Spectrum Block of Liberalised Spectrum

The CPI Adjustment for a SUF is calculated using 14 February 2022 as the base date for the CPI (i.e. CPI = 100). When calculating the CPI adjustment to the SUF, the Commission will use the most current CPI data available to it at that time. For example, for 14 February, the Commission envisages that the most up to date CPI data available is likely to be from January of that year.

Table 9: Annual SUF before CPI adjustment per Spectrum Block

Spectrum Blocks

Annual SUF before CPI Adjustment (€)

700 MHz Duplex Block

998,931

2.1 GHz Band Block

525,753

2.3 GHz Band Generic Frequency Block

52,575

2.3 GHz Band Fixed Frequency Block

52,575

2.6 GHz Band FDD Block

105,151

2.6 GHz Band TDD Fixed Frequency Block (Lower)

5,000

2.6 GHz Band TDD Fixed Frequency Block (Upper)

5,000

2.6 GHz Band TDD Generic Frequency Block

52,575

SCHEDULE 6

Annual Fee for a Point to Multi-Point Radio Link in a MBSA2 2.3 GHz Band Transition Licence

The Annual Fee per Point to Multi-Point Radio Link in a MBSA2 2.3 GHz Band Transition Licence shall be calculated on the basis of

A x (B/100) = C

where

• A is €4,000, namely the relevant annual fee for a Point to Multi-Point Radio Link operating on a frequency greater than or equal to 1 GHz and less than 17 GHz and with a bandwidth of less than or equal to 3.5 MHz, as set out in Schedule 2 of the Wireless Telegraphy (Radio Link Licence) Regulations, 2009 (

S.I. No 370 of 2009

) on the basis of Table 1 thereof;

• B is the CPI relevant to the period from a baseline date of September 2009 (where CPI = 100) to the date of making of the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021

38

; and

• C is the appropriate fee to be paid.

Where spectrum rights for a Point to Multi-Point Radio Link are granted for a portion of a year in a MBSA2 2.3 GHz Band Transition Licence, the fee to be paid by the Licensee for that Point to Multi-Point Radio Link shall be calculated as follows

C x (D/12) = E

where

• C is the relevant annual fee for the Point to Multi-Point Radio Link as set out above in this schedule;

• D is the number of whole months for which the spectrum rights for the Point to Multi-Point Radio Link are granted (if granted for a period of less than one month then, for the purpose of these calculations only, they shall be considered as a being granted for a period of one month); and

• E is the appropriate fee to be paid.

Where the spectrum rights of use in the 2307 - 2327 MHz frequency range for a Point to Multi-Point Radio Link in a MBSA2 2.3 GHz Band Transition Licence are fully licensed to the Licensee in its MBSA2 Liberalised Use Licence, the relevant fees for that Point to Multi-Point Radio Link shall be reduced by 50%.

GIVEN under the Official Seal of the Commission for Communications Regulation

28 May 2021.

JEREMY GODFREY

Commissioner, 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.

GIVEN under the Official Seal of the Minister for the Environment, Climate and Communications,

28 May 2021.

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 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 2.3 GHz and the 2.6 GHz Bands.

1 The current 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, is available at www.comreg.ie.

2 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. 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 Current 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 In a multi-sector base station, the AAS radiated power limit applies to each one of the individual sectors.

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 Current Memorandum of Understanding on frequency coordination between Ireland and the United Kingdom in the frequency bands 2300 -2400 MHz to be applied in the area including the Republic of Ireland and the United Kingdom and the Isle of Man, available at www.comreg.ie.

7 The relevant coordination area is as defined in the Information Memorandum.

8 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. A tolerance of up to + 2 dB has been included in this limit, to reflect operation under extreme environmental conditions and production spread.

9 Current 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.

10 The 2.6 GHz Band TDD Fixed Frequency Block (Upper), which is immediately adjacent to the FDD downlink, may suffer an increased risk of interference due to the emissions from the FDD downlink.

11 Aeronautical Primary Radar locations are available from the Commission.

12 Where -140 dBW/m

2

/MHz is the limit required to protect the Star 2000 Aeronautical Primary Radar installations from emissions by all operators for out-of-band (i.e. >2700 MHz) power.

13 Where -78 dBW/m

2

is the absolute limit required to protect the Star2000 Aeronautical Primary Radar installation from emissions by all operators for in-band (i.e. 2570 – 2690 MHz) power.

14 Where -151 dBW/m

2

/MHz is the limit required to protect the TA10 Aeronautical Primary Radar installation from emissions by all operators for out-of-band (i.e. >2700 MHz) power.

15 Where -88 dBW/m

2

is the absolute limit required to protect the TA10 Aero nautical Primary Radar installation from emissions by all operators for in-band (i.e. 2570 – 2690 MHz) power.

16 EIRP should be used for fixed or installed Terminal Stations and the TRP should be used for the mobile or nomadic Terminal Stations.

17 Noting Section 2 Regulation 2(4)(k) relating to indoor use.

18 For 2.6 GHz Band TDD Generic Frequency Blocks and the 2.6 GHz Band TDD Fixed Frequency Block (Upper).

19 For the case of 2.6 GHz Band TDD Fixed Frequency Block (Lower).

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

21 Noting Section 2 Regulation 2(4)(k) relating to indoor use.

18 For 2.6 GHz Band TDD Generic Frequency Blocks and the 2.6 GHz Band TDD Fixed Frequency Block (Upper).

19 For the case of 2.6 GHz Band TDD Fixed Frequency Block (Lower).

22 As the 2.6 GHz Band TDD Fixed Frequency Block (Lower) is a restricted spectrum block the in-block limit is taken from Table 5 of Section C of the Annex of the Decision of 2008.

23 i.e. appropriate to the quantum of spectrum assigned to the Licensee in the 700 MHz Duplex under the Licence.

24 i.e. appropriate to the quantum of spectrum assigned to the Licensee in the 700 MHz Duplex under the Licence.

25 From the earliest commencement date of the 700 MHz Duplex Block(s).

26 From the earliest commencement date of the 700 MHz Duplex Block(s).

27 i.e. appropriate to the quantum of spectrum assigned to the Licensee under the Licence.

28 From the commencement date of the 700 MHz Duplex Block(s).

29 Or equivalent: i.e. 40 MHz of TDD spectrum.

30 Or equivalent: i.e. 40 MHz of TDD spectrum.

31 Which may include zero

32 E.g. mobile virtual network operators (“MVNOs”)

33 If any of the Performance Bands are 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.

34 This includes traditional voice call services carried over circuit-switched connections and ‘managed’ packet-switched voice call services (e.g. using VOIP or similar protocols) which can be provided over different technologies (e.g. VoLTE, Native Wi-Fi, etc.).

35 For example, MVNOs or other wholesale services.

36 The blocked call rates are measured for the Time Consistent Busy hour. during each review period (i.e. 6 months).

37 The Commission does not envisage drive test measurements being required on a frequent basis, but notes that such measurements may be appropriate in one or more of the below 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.

38 The Consumer Price Index for this period will be calculated using the most current CPI data available from the CSO at the time of making the Regulations.

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, any Apparatus in the 2.3 GHz Band, except those held under a MBSA2 2.3 GHz Band Transition Licence, complies with the Decision of 2014, and that 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 all applicable Licence fees set out in and in accordance with Regulation 8;

(

f

) ensure that in advance of the Licence Commencement Date and on or before 14 February 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 MBSA2 Liberalised Use Licence, Parts 1, 2 and 3 of its MBSA2 Spectrum Lease Licence, and Parts 1 and 2 of its MBSA2 2.3 GHz Band Transition Licence, as appropriate;

(

g

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

(

h

) ensure that all Apparatus, or any part thereof, is installed, maintained, and where a Licence other than a MBSA2 Preparatory Licence is held, worked and used, so as not to cause Harmful Interference;

(

i

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

(

j

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

(

k

) (i) notify the Commission in writing, not less than 6 months prior to the proposed cessation of use of any terrestrial system listed in Part 2 of the MBSA2 Liberalised Use Licence or MBSA2 Spectrum Lease Licence as the case may be; and

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

(

l

) 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;

(

m

) 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;

(

n

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

(

o

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

(

p

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

(

q

) subject to paragraph (r), 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;

(

r

) where the Commission has not yet put in place procedures referred to in paragraph (q) 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

(

s

) 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, Suspension and Withdrawal

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) The Commission may suspend or withdraw a Licence 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 MBSA2 Liberalised Use Licence granted on foot of the Award is the sum of the Spectrum Access 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) Where the commencement date of a MBSA2 Liberalised Use Licence is delayed due to circumstances identified 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.

(3) The SAF specified in paragraph 1 of this Regulation shall be paid to the Commission on a date specified by the Commission in accordance with the Information Memorandum.

(4) The annual SUF before CPI Adjustment for each block of Liberalised Spectrum is detailed in Schedule 5.

(5) The annual SUF for a MBSA2 Liberalised Use Licence is the sum of the annual SUFs before CPI Adjustment associated with each block of Liberalised Spectrum identified in the Licence and the CPI Adjustment for each block of Liberalised Spectrum identified in the Licence.

(6) In the case of a SUF for a period of less than one year, the SUF shall be the relevant sum as detailed in paragraph 5 adjusted on a pro rata daily basis for such period.

(7) The SUF 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 MBSA2 Liberalised Use Licence or prior to 14 February in each respective calendar year during the term of the MBSA2 Liberalised Use Licence, as the case may be.

(8) If a MBSA2 Liberalised Use Licence is suspended or withdrawn, the Licensee shall not be entitled to be repaid any part of the SAF or SUF paid by the Licensee under this Regulation, but shall still be liable to pay any sums, including interest, that are outstanding.

(9) If the amount of radio frequency spectrum specified in a MBSA2 Liberalised Use Licence is reduced, the Licensee may be entitled to a refund of the relevant SUF already paid in the relevant year on a pro rata daily basis and to a reduction on future SUFs having regard to the nature of the amendment. The Licensee shall not be entitled to any refund of its SAF.

(10) If the duration of a MBSA2 Liberalised Use Licence is reduced at the request of the Licensee, the Licensee may be entitled to a refund of SUFs already paid in the relevant year, on a pro rata daily basis having regard to the reduced duration. The Licensee shall not be entitled to any refund of its SAF.

(11) The fee for a MBSA2 Preparatory Licence is €100.

(12) The annual fee for a Point to Multi-Point Radio Link in a MBSA2 2.3 GHz Band Transition Licence is detailed in Schedule 6.

(13) If the duration of a Point to Multi-Point Radio Link in a MBSA2 2.3 GHz Band Transition Licence is reduced, the Licensee may be entitled to a refund of the annual fee already paid in the relevant year, on a pro rata daily basis having regard to the reduced duration.

(14) The SUFs for a MBSA2 Liberalised Use Licence granted on foot of a Transfer are the SUFs specified in paragraphs 4, 5 and 6 of this Regulation.

(15) Any payment to be paid by a Licensee under this Regulation shall be made by way of electronic funds transfer, 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.

(16) Failure by a Licensee to pay part or all of a fee required under this Regulation on or before the date it falls due shall constitute non-compliance by the Licensee concerned with these Regulations, and the Commission, in respect of such non-payment of a fee, may take enforcement action in accordance with Regulation 7 and may take steps to recover the amount due in accordance with paragraphs 17 and 18 of this Regulation.

(17) Where a fee or part of a fee is not paid in time, the Licensee concerned shall pay to the Commission interest on the fee 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

), as amended.

(18) Any fee payable and owed by a Licensee under this Regulation may be recovered by the Commission from the Licensee 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 to keep, have possession of, install, and maintain, and, for Licences other than a MBSA2 Preparatory Licence, to work and use Apparatus, and, for a MBSA2 2.3 GHz Band Transition Licence, Apparatus for the provision of Point to Multi-Point Radio Links in the 2.3 GHz Band and 2.4 GHz Band only, at a specified location or locations in the State.

SCHEDULE 1

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (LIBERALISED USE AND RELATED LICENCES IN THE 700 MHZ DUPLEX, 2.1 GHZ, 2.3 GHZ AND 2.6 GHZ BANDS) REGULATIONS 2021

MBSA2 Liberalised Use 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 (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021 (

S.I. No. 264 of 2021

) (“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 all fees as detailed in the Regulations.

For the purpose of this Licence, the definitions set out in the Regulations 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 Liberalised Spectrum

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, 2.3 GHz, 2.6 GHz as appropriate

[One or more Blocks of Liberalised Spectrum]

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, 2.3 GHz, 2.6 GHz as appropriate

Part 3

Apparatus Location and Details

Authorised Band

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP/ TRP (dBm/5MHz)

700 MHz Duplex, 2.1 GHz, 2.3 GHz, 2.6 GHz as appropriate

Part 4

Licence Conditions

Section 1: General

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st June,

2021.

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

1 (1) These Regulations may be cited as the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) Regulations 2021.

Interpretation