S.I. No. 319/1992 - Wireless Telegraphy Act, 1926. Wireless Telegraphy (Radio Link Licence) Regulations, 1992.

S.I. No. 319 of 1992.

WIRELESS TELEGRAPHY ACT, 1926.WIRELESS TELEGRAPHY (RADIO LINK LICENCE) REGULATIONS, 1992.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and the Communications (Transfer of Departmental Administration and Ministerial Functions) Order, 1991 ( S.I. No. 26 of 1991 ), with the consent, in relation to fees, of the Minister for Finance, hereby make the following Regulations.

1. (1) These Regulations may be cited as the Wireless Telegraphy (Radio Link Licence) Regulations, 1992.

(2) These Regulations shall come into operation on the 1st day of January 1993.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. (1) In these Regulations, unless the context otherwise requires—

"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;

"Category 1 — radio link" means a link by means of wireless telegraphy between two stations located at specified fixed points;

"Category 2 — radio link" means a link by means of wireless telegraphy between a station located at a specified fixed point and multiple stations located at fixed points;

"licence" means a licence granted under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), to keep, have possession of, install, maintain, work or use apparatus for wireless telegraphy for the purpose of operating a radio link.

"licensee" means the holder of a licence;

"the Minister" means the Minister for Tourism, Transport and Communications;

"station" means apparatus for wireless telegraphy for the purpose of providing a radio link;

"wireless telegraphy" and "apparatus for wireless telegraphy" have the meanings assigned to them by virtue of the Wireless Telegraphy Acts, 1926 to 1988.

(2) A reference to a radio link in these Regulations is a reference to both Category 1 and Category 2 radio link, unless otherwise stated.

4. (1) Any person proposing to keep and have possession of apparatus for wireless telegraphy for the purpose of providing a radio link, which radio link may, or may not, form part of apparatus for wireless telegraphy comprising other categories of stations for which separate licences may be required, may apply to the Minister for a licence and the purpose for which the radio link is required shall be stated on the application.

(2) The application for a licence shall be accompanied by a fee of £10 (which shall not be refundable in any circumstances) for processing the application.

5. The Minister may, if he so considers it proper, issue a radio link licence to any person but may, in the interests of the efficient and orderly use of wireless telegraphy, refuse to issue such a licence.

6. (1) Every licence shall be in the form set out in the First Schedule to these Regulations with such (if any) variation (whether by addition, omission or alteration) as the Minister may in any particular case think proper.

(2) A licensee shall hold a licence subject to these Regulations and to the conditions set out in the Second Schedule to these Regulations.

7. (1) Subject to Regulation 9 of these Regulations, a licence shall, unless previously revoked and subject to any suspension thereof, remain in force from the date of issue thereof until the expiration of the eleventh month after the month in which it was issued, and shall then expire unless renewed under these Regulations.

(2) A licence may be renewed by the Minister for each subsequent year from the renewal date on a written application to the Minister for each such renewal by or on behalf of a licensee and on payment, before or within one month after the date on which it would expire if not renewed, of the fee prescribed by these Regulations.

8. (1) A fee shall be payable on the issue of and on each renewal of a licence under these Regulations. For a Category 1 radio link licence the fee shall be as set out at (i) below. For a Category 2 radio link licence the fee shall be as set out at (ii) below:

(2) Notwithstanding paragraph (1) of this Regulation a licence fee may, at the discretion of the Minister, be payable in accordance with the following table of fees in cases where a network of radio links is licensed to a single licensee:

9. The Minister may issue a temporary radio link licence for any period up to a maximum of six months, subject to payment of a fee calculated on a pro rata basis with the rates set out in regulation 8 (1) relative to the required duration of the licence.

10. (1) Regulations 5 and 6 of the Wireless Telegraphy (Business Radio Licence) Regulations, 1956, and, in the Schedule to those Regulations, paragraph (1), subparagraphs (b), (c) and (d) and the definition of "repeater station" are hereby revoked.

(2) Paragraphs (b), (c) and (d) of Regulation 7 of the Wireless Telegraphy (Business Radio Licence) Regulations, 1957, are hereby revoked.

11. (1) All fees payable under these Regulations shall be paid to the Minister and shall be so paid in cash, or by cheque, money order or postal order.

(2) Any sum due in respect of a fee prescribed under these Regulations shall be recoverable by the Minister as a simple contract debt in any Court of competent jurisdiction.

12. A licensee shall not—

( a ) without the consent in writing of the Minister, assign the licence or any of the powers, duties or functions conferred by it or lease or let the licence or otherwise transfer to another person the benefit or any benefits of the licence,

( b ) make any changes to the characteristics of the system which are set out in Annex 2 to the licence at any station to which the licence relates without prior authorisation in writing,

( c ) use or allow to be used any station to which the licence relates for any purpose which is not specified in the licence,

( d ) without the consent in writing of the Minister connect or allow to be connected any such station to the public switched and unswitched telecommunications networks.

13. (1) If any message or communication which a licensee, his authorised agents or his users, are not authorised to receive is received by means of a station to which the licence relates, the licensee, his authorised agents or his users shall not make known or allow to be made known its contents, its origin, its destination, its existence or the fact of this receipt to any person (other than an authorised officer) and shall not reproduce in writing or otherwise copy or make use of such message or communication or allow it to be reproduced in writing or otherwise or to be copied or made use of.

(2) The licensee shall take such measures as are reasonably possible to prevent a message or communication referred to in paragraph (1) of this Regulation from being received at any station to which the licence relates.

14. A licensee shall—

( a ) on request, produce the relevant licence for inspection by an authorised officer,

( b ) take all reasonable steps to ensure that access to the apparatus for wireless telegraphy comprising stations to which the licence relates cannot be obtained by unauthorised persons,

( c ) permit an authorised officer to inspect, at all reasonable times such stations, the licence and any records kept for the purpose of the operation of the stations,

( d ) furnish to the Minister such information relating to the stations as the Minister may from time to time, by notice in writing sent by post to such licensee at his last known address, require.

15. The Minister may at any time amend or vary a licence.

16. (1) Whenever the Minister is satisfied that a licensee has failed to observe any of the conditions, including any special conditions imposed under section 8 of the Wireless Telegraphy Act, 1972 (No. 5 of 1972), subject to which his licence was granted, or has done, in respect of all or any of the apparatus for wireless telegraphy to which the licence relates, any act (whether of commission or omission) which is a contravention of the Wireless Telegraphy Acts, 1926 to 1988, or any Act amending or extending those Acts, or of these Regulations, the Minister may, by notice in writing sent by post to the licensee at his last known address, suspend for any period or revoke the licence in whole or in part.

(2) If—

( a ) the licensee is adjudicated bankrupt, or

( b ) the licensee, being a company (within the meaning of the Companies Acts, 1963-1990), an order for its winding up is made, or a resolution for voluntary winding up (within the meaning of those Acts) is passed by the company otherwise than for the purpose of a merger or reconstruction, or a receiver of the property of the company is appointed,

the Minister may, by notice in writing served on the licensee, suspend the licence for such period as may be specified in the notice, or revoke the licence, in whole or in part.

(3) In addition to any other power of suspension or revocation of a licence conferred by these Regulations, the Minister may at any time, by notice published in Iris Oifigiúil, suspend or revoke, in whole or in part, for such period as may be specified in the notice, all licenses relating to stations in a specified district or area.

(4) The suspension or revocation of a licence under this Regulation shall not operate so as to entitle a licensee to a refund of any fee, or any part of any fee, paid by him in relation to a licence.

17. If the Minister—

( a ) is satisfied that the use of any apparatus for wireless telegraphy or any other apparatus in a fixed station is causing, or is likely to cause, interference with any apparatus for wireless telegraphy used for the purpose of any safety of life service, or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, and

( b ) serves on the licensee by post, or by telecommunications services operated in accordance with the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), at the licensee's address a notice requiring that the use of such apparatus as may be specified in the notice cease forthwith, or on or before such date and time as may be specified, and licensee shall cease to use the apparatus unless and until the Minister withdraws the notice.

FIRST SCHEDULE.

WIRELESS TELEGRAPHY ACT, 1926 .

Wireless Telegraphy (Radio Link) Regulations, 1992 Licence.

Licence, to keep and have possession of apparatus for wireless telegraphy in accordance with the Statement of Authorised Stations hereinafter set forth for the establishing of a radio link between stations, issued subject to the Wireless Telegraphy (Radio Link Licence) Regulations, 1992 ( S.I. No. 319 of 1992 ) for the purposes of............................................................ ............................................................ ..............................................

............................................................ ............................................................ .................................................

PART 1.

Licensee.

Name: ............................................................ ............................................................ .................................

Address: ............................................................ ............................................................ .............................

The licensee is hereby authorised to keep, have possession of, install, maintain, work or use apparatus for wireless telegraphy being authorised equipment at authorised stations as specified in Annex 1 and Annex 2 to this Schedule.

PART 2.

Authorised Equipment.

A statement of manufacturer and type of equipment authorised for use at stations licensed under this Licence is at Annex 1 to this Schedule.

PART 3.

Authorised Stations.

A statement of authorised stations licensed under this Licence is at Annex 2 to this Schedule.

Authorisation.

This licence is granted under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and is subject to compliance with the provisions of the Wireless Telegraphy (Radio Link Licence),Regulations, 1992 and subject to compliance with the conditions set out in the Second Schedule to these regulations. This licence comes into effect on  ,   and, subject to revocation or suspension, expires on     ,     unless renewed in accordance with these Regulations.

on behalf of Minister for Tourism, Transport and Communications.

STATEMENT OF AUTHORISED EQUIPMENT.

Annex 1

SECOND SCHEDULE.

WIRELESS TELEGRAPHY ACTS, 1926-1988.

Wireless Telegraphy (Radio Link Licence) Regulations, 1992 Licence Conditions.

1. A Licence granted by the Minister is subject to the condition that the licensee shall ensure that the stations to which the licence relates comply with conditions which the Minister may from time to time determine and communicate to the licensee in writing at his last known address being conditions relating to the specification (including standard of performance), design compatibility, construction, lay-out, functioning or maintenance of stations or the form in which radio signals are to be sent to or received from stations.

2. A licensee shall ensure—

( a ) the safe and efficient performance of his stations,

( b ) that his stations are kept in good repair and do not pose or cause any threat or danger to any user of such station or the general public and

3. A licensee shall not change any characteristics of the system (power, emission, type, antenna pattern) at the station without authorisation.

4. A licensee shall ensure that the erection of all aerials and masts associated with his licensed stations conforms to all requirements prescribed by law or to a lawful direction of a competent authority; in this regard particular attention is drawn to such requirements which relate to planning permission, installations in the proximity of airports, the precautions to be taken against possible damage to overhead power wires.

5. There shall at all times be affixed to each station a certificate issued by the Minister certifying that the station is one of those authorised under a licence granted by the Minister.

6. The licensee shall be responsible for all equipment connected to his station and for the operation of the stations.

7. (1) The radio link shall be used only for the purpose authorised in the licence.

(2) The licensee shall not use the radio link in any manner which would infringe the Minister's privilege under the Telegraph Act, 1869, or the privilege of Bord Telecom Éireann under the Postal and Telecommunications Services Act, 1983 .

Annex 2.

Statement of Authorised Stations.

MAIRE GEOGHEGAN-QUINN,

GIVEN under the official Seal, this 3rd day of November, 1992.

The Minister for Finance consents to the foregoing Regulations so far as they relate to fees.

BERTIE AHERN,

GIVEN under the Official Seal of the Minister for Finance, this 3rd day of November, 1992.

EXPLANATORY NOTE.

These Regulations provide for the issue of licences for apparatus for wireless telegraphy used solely for the purpose of providing Radio Links and for the payment of licence fees by persons granted licences for that purpose.