S.I. No. 484/2022 - Wireless Telegraphy (Short-Term Electronic Communications Services Licences) Regulations 2022

1. The following additional definitions shall apply to this Licence

“Active Antenna Systems” or “AAS” means a Base Station and an antenna system where the amplitude or phase, or both, between antenna elements is continually adjusted resulting in an antenna pattern that varies in response to short-term changes in the radio environment. This excludes long-term beam shaping such as fixed electrical down tilt. In AAS Base Stations the antenna system is integrated as part of the Base Station system or product;

“Non-Active Antenna Systems” or “non-AAS” means a Base Station and an antenna system that provides one or more antenna connectors, which are connected to one or more separately designed passive antenna elements to radiate radio waves. The amplitude and phase of the signals to the antenna elements is not continually adjusted in response to short-term changes in the radio environment;

“Base Station” means Apparatus connected to a backhaul network which provides a Radiocommunication Service to Terminal Stations using spectrum in the 700 MHz Duplex or 2.1 GHz Band;

“Block Edge Mask” or “BEM” is an emission mask that is defined as a function of frequency in relation to a ‘block edge’, the latter being the frequency boundary of a Spectrum Block for which rights of use are assigned to a Licensee. The BEM consists of several elements which are defined for certain measurement bandwidths.

“dBm” means decibels of power referenced to one milliwatt;

“Downlink” means transmissions from a Base Station to a Terminal Station;

“TRP” (total radiated power) is a measure of how much power the antenna actually radiates and is defined as the integral of the power transmitted in different directions over the entire radiation sphere;

“Terminal Station” means mobile user equipment and fixed customer premise equipment which communicates with a Base Station using spectrum in the 700 MHz Duplex or 2.1 GHz Band;

“Uplink” means transmissions from a Terminal Station to a Base Station;

Technical Conditions

2. The 700 MHz Duplex

(a) Only terrestrial systems compatible with the Decision of 2016 can be worked and used in the 700 MHz Duplex.

(b) The FDD mode of operation shall be used in the 700 MHz Duplex. The duplex spacing shall be 55 MHz with Terminal Station transmission (FDD uplink) located in the lower frequency band 703 – 733 MHz and Base Station transmission (FDD downlink) located in the upper frequency band 758 –788 MHz.

(c) The Licensee shall comply with all Memoranda of Understanding (‘MoU’)

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agreed between the Commission and its neighbouring national regulatory authorities responsible for communications matters, in particular the Office of Communications (“Ofcom”) in the UK, or its successor, in relation to the 700 MHz Duplex.

Base Stations

(d) Within a 700 MHz Duplex Block(s) assigned to the Licensee, the in-block power from a Base Station must not exceed a maximum mean EIRP of 64 dBm/5 MHz per antenna.

(e) Outside of the 700 MHz Duplex Block(s) assigned to the Licensee, the Licensee shall comply with the out-of-block BEM as specified in Section B of the Annex to the Decision of 2016.

Terminal Stations

(f) The maximum mean in-block power limit of 23 dBm for Terminal Stations shall apply

2

.

(g) The out-of-block technical conditions set out in Table 10 to Table 12 of the Annex to the Decision of 2016 shall apply.

3. The 2.1 GHz Band

(a) Only terrestrial systems compatible with the Decision of 2012 can be worked and used in the 2.1 GHz Band.

(b) The duplex mode of operation shall be FDD. The duplex spacing shall be 190 MHz with Terminal Station transmission (FDD uplink) located in the lower frequency band 1 920 – 1 980 MHz and Base Station transmission (FDD downlink) located in the upper frequency band 2 110 – 2 170 MHz.

(c) The Licensee shall comply with all MoU

3

between the Commission and its neighbouring national regulatory authorities responsible for communications matters, in particular the Office of Communications (“Ofcom”) in the UK, or its successor, in relation to the spectrum in the 2.1 GHz Band.

Base Stations

(d) Within a 2.1 GHz Band Block(s) assigned to the Licensee, the in - block radiated power from a Base Station transmitter in the downlink direction must not exceed

(i) an EIRP of 64 dBm/5 MHz per antenna for non-AAS; and

(ii) a TRP limit of 57 dBm/5 MHz per cell for AAS.

(e) Outside of the 2.1 GHz Band Block(s) assigned to the Licensee, the Licensee shall comply with the out-of-block BEM as specified in Section C of the Annex to the Decision of 2012.

Terminal Stations

(f) The maximum mean in-block power limit over frequencies of FDD Uplink of 24 dBm for Terminal Stations shall apply

4

.

GIVEN under the Official Seal of the Commission for Communications Regulation,

27 September, 2022.

GARRETT BLANEY,

Commissioner, For and on behalf of the Commission for Communications Regulation.

The Minister for the Environment, Climate and Communications (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

)), in accordance with

section 37

of the

Communications Regulation Act, 2002

, consents to the making of the foregoing Regulations.

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

26 September, 2022.

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 the Short-Term Electronic Communications Services Licences in the 700 MHz Duplex and the 2.1 GHz Band. These Licences address the potential short-term impact upon Electronic Communications Networks and Electronic Communications Services caused by the upcoming expiry of licences in the 2.1 GHz Band and 700 MHz Duplex

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 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 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

4. (1) Application for the grant of a Licence shall be made by an Undertaking to the Commission in writing and in such form as may be determined by the Commission from time to time.

(2) The Commission may grant a Licence, following payment by the applicant of the relevant fee prescribed in Regulation 8, in accordance with the Authorisation Regulations and having regard to, among other things

(a) available information regarding the risks to the provision of the Undertaking’s existing Electronic Communications Services, and the quality of such existing provision, by the Undertaking not having access to and effectively making use of the rights of use of radio frequencies applied for;

(b) the need to encourage the efficient use and ensure the effective management of the radio frequency spectrum; and

(c) the Commission’s obligations and objectives in relation to competition for the provision of Electronic Communications Networks and Electronic Communications Services.

(3) An Undertaking that applies for the grant of a Licence shall furnish to the Commission such information as the Commission may reasonably require for the purposes of its functions under these Regulations, the Act of 1926, the Framework Regulations or the Authorisation Regulations, and if the Undertaking, without reasonable cause, fails to comply with this paragraph, the Commission may refuse to grant the Licence concerned to the Undertaking.

(4) A Licence to which these Regulations apply shall be in the form specified in Schedule 1, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the Authorisation Regulations.

Duration of Licences

5. (1) The commencement date and expiry date of a Licence shall be set by the Commission and specified in the Licence.

(2) The duration of any Licence granted under these Regulations shall be up to but no longer than three calendar months.

(3) Upon application properly being made in accordance with Regulation 4, the Commission may renew a Licence granted under these Regulations for a further period of up to but no longer than three calendar months.

(4) Any Licence granted or renewed under these Regulations shall expire no later than 1 April 2023.

Conditions of Licences

6. 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 and that any Apparatus in the 2.1 GHz Band complies with the Decision of 2012;

(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; and

(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.

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 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) The Commission may suspend or withdraw a Licence in accordance with the Authorisation Regulations.

Licence Fees

8. (1) The fee for a Short-Term Electronic Communications Services Licence, or renewal of a Short-Term Electronic Communications Services Licence, is the sum of the fees for each Spectrum Block in the Licence as set out below

(a) For a 700 MHz Duplex Block the fee is €401,000 per 3-month period; and

(b) For a 2.1 GHz Band Block the fee is €212,000 per 3-month period.

(2) If the duration of one or more Spectrum Block(s) in a Short-Term Electronic Communications Services Licence is reduced at the request of a Licensee, the Licensee may, at the discretion of the Commission, be entitled to a refund of the Licence Fee already paid, on a pro rata daily basis having regard to the reduced duration.

(3) In the case of a Short-Term Electronic Communications Services Licence issued for one or more Spectrum Block(s) with a period of less than 3 months, the Licence Fee shall be the relevant sum as detailed in Regulation 8(1) adjusted on a pro rata daily basis for such period.

(4) For an Existing Licensee holding an Existing 2.1 GHz Band Licence which expires after 15 October 2022, the Commission may grant a Short-Term Electronic Communications Services Licence to such Existing Licensee to allow the use of Liberalised Apparatus in respect of the Existing 2.1 GHz Band Licence, and for which no fee shall apply. The Existing Licensee shall continue to be liable for all other applicable fees relating to its Existing Licence(s).

(5) 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. 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 (SHORT-TERM ELECTRONIC COMMUNICATIONS SERVICES LICENCES) REGULATIONS 2022

Short-Term 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 (Short-Term Electronic Communications Services Licences) Regulations 2022 (S.I. No. 484 of 2022) (“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 Licence fee detailed in the Regulations and in accordance with the Regulations.

For the purpose of this Licence, the definitions set out in the Wireless Telegraphy (Short-Term Electronic Communications Services Licences) Regulations 2022 apply.

This Licence shall come into effect on

DD/MM/YYYY

(the “Licence Commencement Date”) and, subject to amendment, 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 blocks

Authorised Band

Name of Block

Frequency Assigned to Block

Commencement Date per Block

Expiry Date per Block

700 MHz Duplex, 2.1 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, as appropriate

Part 3

Apparatus Location and Details

Authorised Band

Site Identity

Eastings

Northings

Equipment Index Reference

Maximum EIRP/TRP (dBm/5 MHz)

700 MHz Duplex,

2.1 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

30

th September,

2022.

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 (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

)) in accordance with

section 37

of the

Communications Regulation Act 2002

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

Citation