S.I. No. 192/2009 - Wireless Telegraphy (Amateur Station Licence) Regulations 2009

S.I. No. 192 of 2009

WIRELESS TELEGRAPHY (AMATEUR STATION LICENCE) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th May, 2009.

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 of the Wireless Telegraphy Act 1926 (No. 45 of 1926), transferred to the Commission for Communications Regulation by section 4 of the Communications Regulation (Amendment) Act 2007 (No. 22 of 2007), and with the consent of the Minister for Communications, Energy and Natural Resources, pursuant to section 37 of the Communications Regulation Act 2002 hereby makes the following regulations:

Citation

1. (1) These Regulations may be cited as the Wireless Telegraphy (Amateur Station Licence) Regulations 2009.

(2) These Regulations shall come into force on 1 June 2009

Interpretation and Definitions

2. (1) In these Regulations, except where the context otherwise requires:

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

“Act of 1972” means the Wireless Telegraphy Act 1972 (No. 5 of 1972);

“Act of 2002” means the Communications Regulation Act 2002 (No. 20 of 2002);

“Amateur Service” has the same meaning as set out in the ITU Radio Regulations;

“Amateur Station” means apparatus for wireless telegraphy at a specified location used to participate in the Amateur Service;

“Apparatus” means apparatus for wireless telegraphy forming part of an Amateur Station and, in relation to a Licence, means apparatus for wireless telegraphy to which the Licence relates;

“apparatus for wireless telegraphy” and “wireless telegraphy” have the same meanings as are set out in section 2 of the Act of 1926;

“Commission” means the Commission for Communications Regulation;

“Harmful Interference” means interference which endangers the functioning of a Radionavigation Service or of other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a Radiocommunications Service operating in accordance with the applicable international, European Community or national regulations;

“ICNIRP” means the International Commission for Non-Ionizing Radiation Protection;

“ITU” means the International Telecommunication Union;

“ITU Radio Regulations” means the decisions of the World Radiocommunication Conferences, including all appendices, resolutions, recommendations and ITU Radiocommunication Sector recommendations incorporated by reference;

“Licence” means a licence granted to the licensee in accordance with section 5 of the Act of 1926 to keep, have possession of, install, maintain, work and use Apparatus;

“Licensee” means the holder of a Licence;

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

“Radionavigation Service” means a service involving the determination of the position, velocity and/or other characteristics of an object, or the obtaining of information related to these parameters, by means of the propagation properties of radio waves and used for the purposes of navigation, including obstruction warning;

“Regulations” means the Wireless Telegraphy (Amateur Station Licence) Regulations 2009.

(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; and

(d) a reference to a Directive of the European Parliament and Council shall be construed as a reference to the Directive as amended or extended by any subsequent Directive.

Licences to which these Regulations apply

3. These Regulations apply to Licences to keep, have possession of, install, maintain, work and use apparatus for wireless telegraphy forming part of an Amateur Station operating in accordance with the technical conditions set out in Part 2 of the Licence and at the location or locations set out in Part 2 of the Licence.

Limitation of Licence

4. (1) A Licence granted under these Regulations does not grant to the Licensee named therein any right, interest or entitlement other than the right to keep, install, maintain, work and use Apparatus at a location or locations as specified in Part 2 of the Licence.

(2) Nothing in these Regulations shall absolve the Licensee from any requirement in law to obtain (such additional) approvals, consents, licences, permissions and authorisations that may be necessary for the discharge of the obligations or the exercise of entitlements under the Licence. The Licensee is responsible for all costs, expenses and other commitments (financial and non-financial) in respect of the Licence and the Commission shall bear no responsibility for such costs, expenses or commitments.

Application for Licences and Form of Licences

5. (1) An application for a Licence shall be made to the Commission and shall be in writing in such form as may be determined by the Commission.

(2) A person who makes an application under paragraph (1) of this Regulation shall furnish to the Commission such information as the Commission may reasonably require for the purpose of assessing the application and carrying out its functions under the Act of 1926, the Act of 2002 and the Authorisation Regulations and, if the person, without reasonable cause, fails to comply with this paragraph, the Commission may refuse to issue a Licence to the person.

(3) The Commission shall not issue a Licence to a person who makes an application under paragraph (1) of this Regulation unless it is satisfied that the person has previously demonstrated satisfactory technical knowledge and operational procedures for an Amateur Station.

(4) The Commission may issue a temporary licence the duration of which shall be specified in Part 1 of the licence. A temporary licence shall not be renewed.

(5) Subject to Regulation 7, a Licence shall be in the form specified in Schedule 1 with any amendment, whether by addition, deletion or alteration, as may be determined by the Commission.

Duration and Renewal of Licences

6. A Licence shall, unless it has been revoked, withdrawn or surrendered, remain in force for the lifetime of the Licensee specified in the Licence (with the exception of a temporary licence which shall expire on the date stipulated on the temporary licence).

Conditions of Licences

7. (1) It shall be a condition of a Licence that:

(a) the Licensee shall comply with these Regulations and the conditions attached to the Licence;

(b) the Licensee shall ensure that the Apparatus is used only on such radio frequency spectrum as may be specified in the Licence and such radio frequencies shall be used in an efficient manner having utmost regard to any guidelines that may be issued and amended by the Commission from time to time in relation to the keeping, installing, maintaining, working and use of apparatus for wireless telegraphy forming part of an Amateur Station;

(c) the Licensee shall make payments of the fees as set out in Schedule 2 to these Regulations;

(d) the Licensee may not assign the Licence or any of the powers, duties or functions conferred by it or otherwise transfer any of the rights or obligations conferred by it;

(e) the Licensee shall ensure that non-ionising radiation emissions from the Apparatus operated by the Licensee are within the limits specified by the guidelines published by ICNIRP, 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 European Community law;

(f) the Licensee shall ensure that the Apparatus operated by the Licensee is not installed or operated at a location in a manner which causes the aggregate non-ionising radiation emissions at that location to exceed the limits specified by any guidelines published by ICNIRP and that it complies with any radiation emission standards adopted and published by ICNIRP, or its successors, any radiation emission standards of the European Committee for Electrotechnical Standards and any radiation emission standards specified by national and European Community law;

(g) the Licensee shall as soon as possible, but within 28 days, notify the Commission in writing of any changes to the information contained in the Licence;

(h) the Licensee shall furnish, such information and reports relating to the operation of the Apparatus as may be requested by the Commission from time to time;

(i) the Licensee shall, no later than each fifth anniversary of the issue of a licence under these Regulations, make a return to the Commission to identify whether the information contained in the Licence, and the Licensee’s contact details, are correct;

(j) the Licensee shall ensure that the Apparatus, or any part thereof, shall be installed, maintained, operated and used so as not to cause Harmful Interference;

(k) the Licensee shall ensure that the installation of the Apparatus, 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;

(l) the Licensee shall observe good site engineering practice in accordance with such guidelines as may be set out by the Commission from time to time;

(m) the Licensee shall ensure compliance with any special conditions imposed under section 8 of the Act of 1972 and subject to which this Licence is deemed by subsection (3) of that section to be issued;

(n) the Licensee shall ensure that, save as may be required by law, access to, and use of, the Apparatus is restricted to the Licensee or persons operating under the direct supervision of the Licensee;

(o) where the Commission is satisfied that a Licensee has failed to comply with any provision of these Regulations or a condition of the Licence, and the Commission has served on the Licensee a written notice prohibiting the use of Apparatus by such date and time as may be specified in the notice, then the Licensee shall cease to use that apparatus on or before the applicable date and time until such notice has been withdrawn by the Commission, and the Licensee shall take such measures as may be specified by the Commission in the notice;

(p) the Licensee shall upon becoming aware of any event likely to materially affect their ability to comply with these Regulations, or any conditions set out or referred to in the Licence, notify the Commission of that fact in writing within 5 business days;

(q) the Licensee shall ensure that the appropriate identification methods as required under the ITU Radio Regulations are employed for all transmissions from the Apparatus;

(r) the Licensee shall ensure that all transmissions shall not be encoded for the purpose of obscuring their meaning;

(s) the Licensee shall only establish communications with licensed Apparatus participating in the Amateur Service and with similar apparatus in countries where such communications are permitted;

(t) the Licensee shall maintain records of all transmissions from the Apparatus which shall include the time, frequency, power and any other relevant details that may be specified by the Commission from time to time;

(u) the Licensee shall on request from an authorised officer of the Commission permit the inspection of the Apparatus, make available the test equipment necessary for the testing of the Apparatus and produce the associated Licence for inspection; and

(v) the Licensee shall comply with all obligations under relevant international agreements relating to the use of Apparatus or the frequencies to which they are assigned.

Enforcement, Amendment, Revocation and Suspension

8. (1) Where the Commission finds that the Licensee has not complied with any of the conditions attached to their Licence, it may take enforcement measures, which shall be objectively justifiable and in a proportionate manner, which may include the suspension or revocation of the Licence.

(2) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner.

(3) Without prejudice to paragraph (2) of this Regulation, the Commission 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, amend, suspend, or revoke the Licence where objectively justifiable and in a proportionate manner.

Licence Fees

9. (1) Fees as set out and provided for in Schedule 2 are hereby prescribed in relation to Licences for the purpose of section 6 of the Act of 1926.

(2) The grant of a Licence is subject to payment of the prescribed fee as set out in Schedule 2 to these Regulations.

(3) Fees shall be paid to the Commission for Communications Regulation by way of bankers draft or such other means and on such terms (including terms as to the place of payment) as the Commission may decide. Where the date of payment falls on a Saturday, a Sunday or a public holiday payment shall be made on or before the last working day before the date of payment.

(4) If a Licence is surrendered, withdrawn, suspended or revoked, the Licensee shall not be entitled to be repaid any part of the fee paid by the Licensee under these Regulations but shall still be liable to pay any sums (including interest) that are outstanding.

(5) An amount payable by a Licensee may be recovered by the Commission as a simple contract debt in any court of competent jurisdiction.

Transitional Arrangements

10. (1) Subject to paragraph (2) of this Regulation, the Wireless Telegraphy (Experimenter Licence) Regulations 2000 ( S.I. No. 450 of 2002 ) are hereby revoked.

(2) A licence issued under the Wireless Telegraphy (Experimenter Licence) Regulations 2000 ( S.I. No. 450 of 2002 ) in force immediately before the commencement of these Regulations will continue in force as if it had run continuously from the date of its issue until its next renewal date.

SCHEDULE 1 WIRELESS TELEGRAPHY ACT 1926

WIRELESS TELEGRAPHY (Amateur Station Licence) REGULATIONS 2009

LICENCE CERTIFICATE

PART 1

Licence Number: ................................Call-Sign: ................................

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 of the Wireless Telegraphy Act 1926 (No. 45 of 1926), transferred to the Commission for Communications Regulation by section 4 of the Communications Regulation (Amendment) Act 2007 (No. 22 of 2007), grants to the Licensee specified, authorisation to keep, have possession of, install, maintain, work and use apparatus as specified in Part 2 of this Licence subject to the Licensee observing the conditions contained in Regulation 7 of the Wireless Telegraphy (Amateur Station Licence) Regulations 2009 (S.I. 192 of 2009)

Licensee:

Address:

Licence Type:

Commencement and Termination Dates (if applicable):

This Licence comes into effect on DD/MM/YY and, subject to revocation, withdrawal or surrender, shall remain in force for the lifetime of the licensee specified in Part 1.

or

This Temporary Licence comes into effect on DD/MM/YY and shall expire on DD/MM/YY

Signed: ..................................................................

on behalf of the Commission for Communications Regulation

Date:Official Stamp

PART 2 Description and Characteristics of Apparatus

Locations(s) of Apparatus

Technical Conditions of Apparatus

SCHEDULE 2 FEES PAYABLE IN CONNECTION WITH LICENCES

All new Licences shall incur a fee of €100, with the exception of the following which shall incur a fee of €30:

• new Licences issued to persons aged 65 years or over on the date of application; and

• new Licences issued to persons who are in receipt of a Disability Pension.

All licences issued under the Wireless Telegraphy (Experimenter Licence) Regulations 2000 ( S.I. No. 450 of 2002 ) and in force immediately before the commencement of these Regulations shall incur a fee of €30 at the time of their next renewal.

Licence amendments shall incur a fee of €30.

Temporary licences shall incur a fee of €30.

***********

GIVEN under the official seal of the Commission for Communications Regulation this 22 May 2009.

JOHN DOHERTY,

Chairperson On behalf of the Commission of Communications Regulation.

The Minister for Communications, Energy and Natural Resources consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Communications, Energy and Natural Resources this 19 May 2009.

EAMON RYAN T.D.,

Minister for Communications Energy and Natural Resources.

EXPLANATORY NOTE

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

These Regulations provide for the licensing of apparatus for wireless telegraphy forming part of an Amateur Station, used for the purposes of conducting experiments and self-training in wireless telegraphy, and for the regulation of such apparatus, and for the payment of fees by persons issued licences for that purpose.