S.I. No. 450/2002 - Wireless Telegraphy (Experimenter's Licence) Regulations, 2002.

I, ETAIN DOYLE, Director of Telecommunications Regulation, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), and with the consent of the Minister for Communications, Marine and Natural Resources, pursuant to subsection (8) of the said section 4 and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (No. 300 of 2002) and the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( No. 307 of 2002 ), hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Wireless Telegraphy (Experimenter's Licence) Regulations, 2002.

Revocation

2. These Regulations revoke the Wireless Telegraphy (Experimenter's Licence) Regulations 1937 to 1992.

Interpretation

3. (1) In these Regulations -

“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

“authorised officer” means a person appointed by the Director in writing under Regulation 17 to be an authorised officer for the purpose of these Regulations;

“Director” means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996).

“Experimenter” means a person licensed under these regulations who keeps, has possession of installs, maintains, works or uses apparatus for wireless telegraphy solely for the purposes of conducting experiments, intercommunication and engaging in self training in wireless telegraphy;

“harmful interference” means interference which endangers the functioning of a radionavigation service or other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts any lawfully operating radio-communications service;

“Irish Radio Transmitters' Society” means the national society for radio experimenter's in Ireland and the member society for Ireland of the International Amateur Radio Union (IARU).

“licence” means a licence under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) being a licence for a station as defined in these Regulations and cognate words shall be construed accordingly;

“licensee” means the holder of a licence;

“radio-communications service” means a service involving the transmission, emission and/or reception of radio waves specified for specific telecommunications purposes;

“station” means a collection of equipment for Wireless Telegraphy necessary at a location for participating in the amateur service as defined in the Radio Regulations of the International Telecommunications Union;

“suitably qualified person” means a person to whom Regulation 6 applies, and cognate words shall be construed accordingly;

(2) In these Regulations —

(a) a reference to an enactment or regulation shall be construed as a reference to the enactment or regulation as amended or extended by or under any subsequent enactment or regulation;

(b) a reference to a regulation or a schedule is to a regulation of, or a schedule to, these Regulations, unless it is indicated that reference to some other enactment is intended;

(c) a reference to a paragraph or subparagraph is to the paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended;

(3) The Interpretation Acts, 1937 to 1997, apply to these Regulations.

Licences to which these Regulations apply

4. These Regulations apply to licences to keep, have possession of, install, maintain, work and use apparatus for wireless telegraphy solely for the purposes of conducting experiments and engaging in self training in wireless telegraphy, having the characteristics set out in Part (IV of the licence and operating in accordance with the technical conditions set out in Part (VI) of the licence.

Licence application

5. (1) An application for a licence shall be in the form and subject to such conditions as shall be specified by the Director from time to time.

(2) An applicant for a licence shall, if so requested by the Director, furnish such information as the Director may reasonably require for the purposes of assessing the application, and the Director may refuse to grant a licence to an applicant who fails or refuses to comply with a request under this paragraph, subject to the Licensing Regulations as applicable.

(3) (a) Following the assessment of an application the Director may issue a licence to any person but may, subject to any requirements under national and EC law, refuse to issue a licence.

(b) In the event of refusal to issue a licence the reason for refusal will be specified and the applicant will have the right of appeal to the Director within 14 days of the date of the refusal.

Addresses for notices

6. (1) Where the Licensee is domiciled in the European Union (the “EU”), the Licensee shall on the grant of his or her licence furnish in writing to the Director the home address and, where appropriate, e-mail address, within the EU to which notices and other documents under these Regulations may be delivered or sent by post or by telecommunications services operated in accordance with the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), to him or her by or on behalf of the Director and shall, as occasion requires, likewise furnish any change of address or e-mail address and such notice or document delivered to, or sent by post, or by such telecommunications services, to such address or e-mail address so furnished shall be deemed for the purposes of these Regulations to have been duly served by the Director.

(2) Where the Licensee is domiciled outside the EU, the Licensee shall furnish in writing an address for service in Ireland.

Required knowledge

7. The Director, before granting a licence, shall be satisfied that;

(1) that the applicant has a satisfactory knowledge of the adjustment and operation of the station in respect of which such licence is applied for and

(2) that the applicant has the ability to send and receive Morse, if applicable, as detailed in the technical conditions under part VI of the licence and

(3) that the applicant has a satisfactory knowledge of the radio regulations as issued and amended by the International Telecommunications Union.

Form of licence

8. The licence shall be in the form specified in the First Schedule with such variation, if any (whether by addition, deletion or alteration) as the Director may determine from time to time in accordance with applicable national or EC law.

Continuance in force of licences

9. (1) Subject to the provisions of these Regulations, every annual licence shall, unless previously surrendered by the Licensee, or unless or until it is revoked or renewed by the Director, and subject to any suspension thereof, in accordance with the provisions of these Regulations, continue in force from the date of commencement specified in Part V of the licence until the expiration of the period 12 months after the date of commencement.

(2) Subject to the provisions of these Regulations, every short-term licence shall, unless previously surrendered by the Licensee, or unless or until it is revoked by the Director and subject to any suspension thereof, in accordance with the provisions of these Regulations, continue in force from the date of commencement until a date of expiration specified in the licence and this period shall not exceed a period of 3 months in total.

Renewal of licences

10. (1) Subject to the provisions of these Regulations, any requirement under applicable national and EC law and any terms and conditions as may be specified by the Director acting in accordance with her statutory powers under national and EC law, the Director may renew a licence.

(2) An annual licence which is renewed under this Regulation shall, subject to the provisions of this Regulation and unless previously surrendered by the Licensee, or unless or until it is revoked or again renewed by the Director, and subject to any suspension thereof continue in force from the date of renewal until the expiration of the period of 12 months after the date of renewal.

(3) In considering whether to renew an annual licence under this Regulation, the Director shall have regard in particular to:

(a) whether the Licensee complied with these Regulations and the conditions attached to the expiring licence pursuant to these Regulations;

(b) the management and efficient use of radio spectrum;

(4) The annual licence shall be renewed upon receipt of the fee as specified the Second Schedule. If the fee is not received on or before the termination date specified in Part V of the licence, the holder of the expired licence shall make an application in full for a new licence.

(5) A licence shall (unless it has been revoked or renewed) expire on the day following the termination date specified in Part V of the licence.

(6) The granting or renewal of a licence shall not be construed as warranting that the licence shall be renewed at any time in the future.

(7) A short term licence shall not be renewed but a further short-term licence may be issued at the discretion of the Director following a reapplication under Regulation 4.

Licence fees

11. (1) Fees as set out and provided for in the Second Schedule are hereby prescribed in relation to licences for the purpose of section 6 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926).

(2) Any fee paid in respect of a licence pursuant to these Regulations shall not be refundable in the event of revocation, suspension or amendment of the licence pursuant to these Regulations or through the operation of any other law.

(3) All fees payable under these Regulations shall be paid to the Director of Telecommunications Regulation and shall be so paid in cash, by cheque, money order or postal order, or by such other means as the Director for the time being considers appropriate.

Licence conditions

12. It shall be a condition of a licence that -

(1) The station shall be used only on such parts of the radio frequency spectrum as may be specified under Part IV of the licence.

(2) The Licensee shall not, 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.

(3) The Licensee shall ensure:

(a) that non-ionising radiation emissions from the station operated by the Licensee are within the limits specified by the guidelines published by the International Commission for Non-Ionising Radiation Protection (“ICNIRP”) and that these comply with any radiation emission standards adopted and published by ICNIRP or its successors from time to time, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and EC law;

(b) that the station, or any part thereof, shall be installed, maintained, operated and used so as not to cause harmful interference;

(c) that the installation of the station, or any part thereof is effected, and its maintenance and operation is carried on, in such a manner as to ensure that the safety of persons or property is not endangered;

(d) that he or she obtains any other approvals, consents, licences, permissions and authorities required by law for the installation, transport, maintenance work and use of the station to which the licence relates and that he or she complies with any requirements relating to the licensed station under applicable national and EC law;

(e) that, save as may be required by law, access to, and use of, the station to which the licence relates is restricted to the Licensee, any suitably qualified person or any person operating under the direct supervision of the Licensee;

(f) that:

(i) all transmissions from the station are directly related to the experiments;

(ii) all messages are in plain language, and for this purpose recognised abbreviations used in radio communication may be regarded as plain language;

(iii) where data transmission modes are used that any communications are unencrypted.

(g) that when communicating or attempting to communicate with another station, the call sign of the station being communicated with, followed by the Licensee's own call sign are sent;

(h) that the Licensee's call sign is sent at regular intervals and on every occasion when the frequency is changed.

(4) The Licensee shall -

(a) where the Director, or his or her authorised officer, is satisfied that the Licensee has failed or is failing, to comply with subparagraphs(3)(b) or (3)(c) of this Regulation and serves on the Licensee a notice pursuant to Regulation 15 and 16 of the Regulations, ensure that the notice is fully complied with;

(b) only establish communications with stations, which are actually co-operating in the experiments under Regulation 4;

(d) take all reasonable measures to prevent any message or information which the Licensee is not authorised to receive, from being received by the station;

(e) furnish to the Director such information and reports relating to he operation of the station as the Director may, from time to time, by notice in writing served on the Licensee, require;

(f) keep, for a period of not less than 6 months, all or any records which the Director, from time to time, informs the Licensee that he or she requires to be kept;

(g) on request from an authorised officer, produce his or her licence for inspection by the authorised officer;

(h) on request from an authorised officer, permit the authorised officer to inspect any records which the Director requires to be kept or which are kept by the Licensee in connection with the operation of the station to which the licence relates;

(i) on request from an authorised officer, make available, as specified in Part VI of the licence, the test equipment or apparatus necessary to facilitate testing by the authorised officer of the station or of any apparatus for wireless telegraphy situated therein and any other apparatus associated therewith.

(5) In accordance with section 11 of the Act of 1926 the licensee or persons under his or her supervision shall not permit or send -

(a) any communication of an indecent, obscene or offensive character, nor

(b) any message or communication subversive of public order, nor

(d) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.

(6) If any message or information, which a Licensee is not authorised to receive, is unintentionally received by means of the station, the Licensee shall not -

(a) make known, or allow to be made known, its contents, its origin, its destination, its existence or the fact of its receipt to any person other than an authorised officer or member of the Garda Síochána, or

(b) reproduce in writing or otherwise, make use of or copy such message or information or allow it to be reproduced in writing, made use of or copied.

Enforcement, amendment, revocation and suspension

13. (1) The Director may amend the licence from time to time.

(2) Without prejudice to sub-section (1) of this Regulation, the Director may, after serving notice in writing on the Licensee specifying reasons and after affording the Licensee reasonable opportunity to make representations and after having considered any such representations, suspend, amend, or revoke the licence in any of the following circumstances:

(a) where a condition of a licence (including any condition imposed under these Regulations or other relevant enactments) is contravened;

(b) where the Licensee fails or refuses to comply with a direction of the Director or hinders or obstructs an authorised officer in the performance of his or her functions;

(d) where, in the opinion of the Director, such revocation or suspension is required for the purpose of complying with national or EC law.

14. In addition to any power of revocation or suspension of a licence conferred by these Regulations, the Director may at any time, by notice in Iris Oifiguil, suspend, in whole or part, for such a period as may be specified in the notice, all licences for the time being in force or all such licences in a specified district, where he or she deems this necessary or upon Ministerial direction due to an emergency or in the interest of national security.

15. Notwithstanding any other provision of these Regulations, the Director or an authorised officer may, where he or she is of the opinion that a station, or part thereof, is causing, or is likely to cause, harmful interference, serve on the Licensee a notice, prohibiting the use, or as appropriate requiring that the use of the station, or part thereof, as may be specified in the notice, cease forthwith or, on or before such date and time as may be so specified, and the Licensee shall not use, or as appropriate shall cease to use the station, or part thereof unless and until such notice has been withdrawn by the Director, or an authorised officer and shall otherwise take such measures (if any) as may be specified by the Director, or an authorised officer, in the notice. The Licensee may apply to have the notice withdrawn as soon as the cause or likely cause of the harmful interference has been remedied.

Compliance

16. (1) Subject to the provisions of these Regulations and any requirement under applicable national or EC law, the Licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Director in respect of any matter which direction, requirement or notice, is in the opinion of the Director, appropriate having regard to the functions of the Director.

(2) Without prejudice to the generality of paragraph (1), the Licensee shall comply with any direction, requirement or notice given to him or her by or on behalf of the Director in respect of the use or the cessation of use of any frequency band or part thereof, or in respect of an amendment to any characteristics used in the operation of a station, as particularised in Part IV of the licence.

Authorised Officers

17. (1) The Director may appoint such members of the staff of the Director as he or she considers appropriate to be authorised officers for the purpose of these Regulations.

(2) Without prejudice to any other functions or powers of authorised officers under these Regulations an authorised officer shall in respect of licences issued under these Regulations have the equivalent powers and obligations as conferred on them as an Authorised Officer under the Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996) or such other legislation as may be enacted from time to time.

(3) An authorised officer when exercising the functions and powers conferred on him or her by these Regulations shall, upon request by the Licensee, produce his or her certificate of appointment.

FIRST SCHEDULE

Wireless Telegraphy Act, 1926

Wireless Telegraphy (Experimenter's Licence) Regulations, 2002

Licence under Section 5 of the Wireless Telegraphy Act, 1926 , to keep, have possession of install, maintain, work and use apparatus for wireless telegraphy solely for the purpose of conducting experiments and engaging in self training in wireless telegraphy.

I, , Director of Telecommunications Regulation, in the exercise of the powers conferred on me by section 5 (1) of the Wireless Telegraphy Act, 1926 , and Section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) grant to the Licensee specified in Part I of this licence authorisation to keep, have possession of, install, maintain, work and use apparatus for wireless telegraphy for the sole purpose of conducting experiments and engaging in self training in wireless telegraphy having the characteristics described in Part IV of this licence and subject to the terms and conditions as set out in the licence and prescribed by the Regulations and any other applicable provision of national or EC law.

1. This licence shall come into operation and terminate on the dates specified in Part V and shall unless previously surrendered by the Licensee or unless or until it is revoked or renewed by the Director, and subject to any suspension thereof, continue in force from the commencement date until the termination date.

2. Where the Licensee is domiciled in the European Union (the “EU”), the Licensee shall on the grant of his or her licence furnish in writing to the Director the address and, where appropriate, e-mail address, within the EU to which notices and other documents under this licence may be delivered or sent by post or by telecommunications services operated in accordance with the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), to him or her by or on behalf of the Director and shall, as occasion requires, likewise furnish any change of address or e-mail and such notice or document delivered to, or sent by post, or by such telecommunications services, to such address or e-mail address so furnished shall be deemed for the purposes of this licence to have been duly served by the Director.

3. Where the Licensee is domiciled outside the EU, the Licensee must furnish in writing an address for service in Ireland.

4. The Licensee shall comply with the technical conditions set out in Part VI and with any alterations or additions thereto notified to the Licensee in writing by or on behalf of the Director.

5. It shall be a condition of the licence that:-

(1) The station shall be used only on such parts of the radio frequency spectrum as may be specified under part IV of the licence.

(3) The Licensee shall ensure -

(b) that the station, or any part thereof, shall be installed, maintained, operated and used so as not to cause harmful interference;

(f) that:

(i) all transmissions from the station are directly related to the experiments;

(ii) all messages are in plain language, and for this purpose recognised abbreviations used in radio communication may be regarded as plain language;

(iii) where data transmission modes are used that any communications are unencrypted.

(g) that when communicating or attempting to communicate with another station, the call sign of the station being communicated with, followed by the Licensee's own call sign are sent;

(h) that the Licensee's call sign is sent at regular intervals and on every occasion when the frequency is changed.

(4) The Licensee shall -

(a) where the Director, or his or her authorised officer, is satisfied that the Licensee has failed or is failing, to comply with subparagraphs (3)(b) or (3)(c) of these licence conditions and serves on the Licensee a notice pursuant to Regulation 15 and 16 of the Regulations, ensure that the notice is fully complied with;

(b) only establish communications with stations, which are actually co-operating in the experiments under Regulation 4;

(d) take all reasonable measures to prevent any message or information which the Licensee is not authorised to receive from being received by the station;

(e) furnish to the Director such information and reports relating to the operation of the station as the Director may, from time to time, by notice in wring served on the Licensee, require;

(f) keep, for a period of not less than 6 months, all or any records which the Director, from time to time, informs the Licensee that he or she requires to be kept;

(g) on request from an authorised officer, produce his or her licence for inspection by the authorised officer;

(5) In accordance with section 11 of the act of 1926, the licensee or persons under his or her supervision shall not permit or send -

(a) any communication of an indecent, obscene or offensive character, nor

(d) any false or misleading signal of distress, nor

(e) any false or misleading message, signal, or communication to a ship or other vessel or an aircraft in distress.

(6) If any message or information which a Licensee is not authorised to receive is unintentionally received by means of the station,

the Licensee shall not -

(b) reproduce in writing or otherwise, make use of or copy such message or information or allow it to be reproduced in writing, made use of, or copied.

6. (1) The Director may amend the licence from time to time.

(2) Without prejudice to Paragraph 7 of the licence and Regulation 13 and sub-section (1) of this Paragraph, the Director may, after serving notice on the Licensee specifying reasons and after affording the Licensee reasonable opportunity to appeal and after having considered any such appeal, suspend amend or revoke the licence in any of the following circumstances:

(a) where a condition of a licence (including any condition imposed under the Regulations or other relevant enactments) is contravened;

(b) where the Licensee fails or refuses to comply with a direction of the Director or hinders or obstructs an authorised officer in the performance of his or her functions;

(d) where, in the opinion of the Director, such revocation or suspension is required for the purpose of complying with national or EC law;

7. Notwithstanding any other provision of the licence, the Director or an authorised officer may where he or she is of the opinion that a station, or part thereof, is causing, or is likely to cause, harmful interference, serve on the Licensee a notice, prohibiting the use, or as appropriate requiring that the use of the station, or part thereof, as may be specified in the notice, cease forthwith or, on or before such date and time as may be so specified, and the Licensee shall not use, or as appropriate shall cease to use the station, or part thereof unless and until such notice has been withdrawn by the Director, or an authorised officer and shall otherwise take such measures (if any) as may be specified by the Director, or an authorised officer, in the notice. The Licensee may apply to have the notice withdrawn as soon as the cause or likely cause of the harmful interference has been remedied.

8. (1) Subject to the provisions of these Regulations and any requirement under applicable national or EC law, the Licensee shall comply with any direction requirement or notice given to him or her by or on behalf of the Director in respect of any matter which direction, requirement or notice is, in the opinion of the Director, appropriate having regard to the functions of the Director.

9. In this licence -

“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926) ;

“authorised officer” means a person appointed by the Director in writing under Regulation 17 to be an authorised officer for the purpose of this licence;

“Director” means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) .

“Irish Radio Transmitters' Society” means the national society for radio experimenter's in Ireland and the member society for Ireland of the International Amateur Radio Union (IARU).

“licence” means a licence under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) being a licence for a station as defined in the licence and cognate words shall be construed accordingly;

“Licensee” means the holder of a licence;

“radio-communications service” means a service involving the transmission, emission and/or reception of radio waves specified for specific telecommunications purposes;

“suitably qualified person” means a person to whom Regulation 6 applies, and cognate words shall be construed accordingly;

PARTS

Part I

Licensee

Part II

Addresses for Notices

Part III

Type of Licence

Part IV

Particulars of Experimenter's Station

Part V

Licence Commencement and Termination Dates

Part VI

Technical Conditions of Experimenter's Station

SECOND SCHEDULE

FEES PAYABLE IN CONNECTION WITH A LICENCE

1. A fee of €12 shall be payable on the issue of an experimenter's licence.

2. A fee of €10 shall be payable on the renewal of an experimenter's licence.

GIVEN under my hand this 10 day of September , 2002

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Etain Doyle

Director of Telecommunications Regulation

The Minister for Communications, Marine and Natural Resources, hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Marine and Natural Resources,
this 3^rd day of September , 2002

	Dermot Ahern T.D

EXPLANATORY NOTE

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

These Regulations provide for the issue of annual and short-term licences for apparatus for wireless telegraphy used for the purposes of conducting experiments and engaging in self-training in wireless telegraphy.