S.I. No. 83/1988 - Wireless Telegraphy (Community Repeater Licence) Regulations, 1988.

S.I. No. 83 of 1988.

WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988.

I, RAPHAEL P. BURKE, Minister for Communications, in exercise of the powers conferred on me by section 6 (l) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), 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 (Community Repeater Licence) Regulations, 1988.

(2) These Regulations shall come into operation on the 15th day of May, 1988.

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

3. 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;

"community repeater station" means a station supplied, installed, maintained or used by a licensee, and shared by trigger stations and mobile stations to transmit and receive messages in accordance with these Regulations;

"community repeater system" means a combination of trigger stations and mobile stations sharing a community repeater station all of which operate together;

"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 community repeater system;

"licensee" means the holder of a licence;

" the Minister" means the Minister for Communications;

"mobile station" means a station intended to be used while being moved or during halts at unspecified points and includes handportable stations;

"station" means any apparatus for wireless telegraphy capable of being used for the purposes of transmitting or receiving messages by means of radiated electro-magnetic waves;

"trigger station" means a station sharing with one or more other similar stations the radiocommunication facilities of a community repeater station and intended to be used at a specified point for the purpose of radiocommunication with a mobile station.

4. (1) Any person proposing to keep and have possession of a community repeater system may apply to the Minister for a licence.

(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.

(3) The Minister shall notify by registered post the applicant for a licence whether he intends to grant or refuse such a licence.

(4) Where the Minister notifies the applicant of his intention to grant a licence, the applicant shall, within 3 months of the sending of a notification by registered post, pay a fee of £500 before the issue of a licence (referred to in these Regulations as an "initial licence fee").

(5) If the initial licence fee is not paid to the Minister within the said period the application shall be deemed for the purposes of these Regulations to have been withdrawn.

5. (1) A 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.

(3) Trigger stations and mobile stations which constitute part of the same community repeater system and which are specified in a licence shall be deemed to be licensed under the relevant licence.

(4) A licensee shall submit details of any additional trigger stations or mobile stations which he wishes to add, or are required to be added under Regulation 10 of these Regulations, to his community repeater system to the Minister for his approval and for addition to the licence before such stations are brought into service.

6. On the installation of a community repeater system, the licensee shall make a statutory declaration which shall be in the form set out in the Third Schedule to these Regulations and he shall forward such declaration to the Minister within 3 months of the issue of the relevant licence but should he fail to do so the Minister may cause a notice to be served on him by registered post requesting compliance with this Regulation within 10 days, and should a response be not duly made within that time, the licence may be revoked by the Minister.

7. (1) Subject to Regulation 15 of these Regulations, a licence shall remain in force for one year from the date of issue and shall then expire unless renewed under this Regulation.

(2) Subject to paragraphs (3) and (4) of this Regulation a licence may be renewed by the Minister for each subsequent year from the date on which the licence expires on a written application to the Minister for each such renewal by or on behalf of a licensee and on payment of the fee for the renewal of a licence specified in paragraph (5) of this Regulation at least one month before the expiry date.

(3) The person applying for the renewal of a licence referred to in paragraph (2) of this Regulation shall forward together with the application and fee referred to in that paragraph a list giving full details (including the names and addresses) of all users of stations on the licensee's community repeater system.

(4) A licence shall not be renewed if the licensee does not have or maintain on his community repeater system the appropriate minimum number of both trigger stations and mobile stations specified in Regulation 10 of these regulations, one month before the expiry date.

(5) A fee of £800 shall be paid for the renewal of a licence one month before the expiry date each year.

8. All fees payable under these Regulations shall be paid to the Minister for Communications, Scotch House, Hawkins Street, Dublin 2, and shall be so paid in cash, or by cheque, money order or postal order.

9. A licence shall be granted by the Minister to have effect from the first day of the month following receipt by the Minister of payment of the initial licence fee except where the initial licence fee is received less than 5 working days before the end of a month in which event the licence shall be granted with effect from the first day of the second month after such receipt.

10. (1) A licensee shall have on his community repeater system—

(a) within 11 months of the issue of the licence concerned not less than 5 trigger stations which operate in all not less than 20 mobile stations, and

(b) within 11 months of the first renewal of the licence and in respect of any subsequent renewal of a licence not less than 50 stations in all of which not less than 5 are trigger stations and not less than 20 are mobile stations.

(2) Subject to paragraph (3) of this Regulation, the Minister shall not renew the licence of a licensee who fails to have the minimum number of trigger stations and mobile stations specified in paragraph (1) of this Regulation.

(3) Notwithstanding the provisions of paragraph (1) of this Regulation, a licence may be renewed by the Minister at the end of the first year for which the licence was first issued or at the end of the year immediately following the year for which it was so renewed if the licensee concerned shows to the satisfaction of the Minister that he will have the appropriate number of stations on his community repeater system referred to in paragraph (1) of this Regulation within 3 months of the date of application for the renewal of the licence.

11. 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 ) use or allow to be used a community repeater station, a trigger station or a mobile station for any purpose which is not specified in the licence,

( c ) connect or allow to be connected any such station to the public telephone system,

( d ) permit continuous or continual communication between a trigger station and a mobile station to which the licence relates or between two or more such mobile stations for so long as they are at particular points, or

( e ) permit communication between trigger stations.

12. (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 his licence relates, the licensee, his authorised agents or his users shall not make knwon 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) 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 other wise 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 on his community repeater system.

13. A licensee shall—

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

( b ) take all reasonable steps to ensure that the stations to which the licence relates are at all times operated only by persons authorised by him and that access to the apparatus comprising any such station cannot be obtained by unauthorised persons,

( c ) cease to operate all or any of such stations for such period as an authorised officer may require,

( d ) bring to the notice of all users of his trigger stations and of all other persons authorised to operate any such stations the terms, conditions and limitations contained in these Regulations,

( e ) on a request made by an authorised officer, permit the officer to inspect, at all reasonable times such stations, the licence, and any records kept for the purpose of the community repeater service, and

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

14. The Minister may at any time amend or vary any licence.

15. Whenever the Minister is satisfied that a licence has failed to observe any of the conditions subject to which his licence was granted, or has done, in respect of apparatus kept under the licence, any act (whether of commission or omission) which is a contravention of the Wireless Telegraphy Acts, 1926 to 1972, or any Act amending or extending those Acts, or of these Regulations, the Minister may suspend for any period or revoke the licence in whole or in part by notice in writing sent by post to the licensee at his last known address.

FIRST SCHEDULE

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988

COMMUNITY REPEATER LICENCE

Licence to keep and have possession of apparatus for wireless telegraphy for the purpose of operating a community repeater system issued subject to the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988 ( S.I. No. 83 of 1988 ).

1. The person specified in Part I of the Schedule to this licence is hereby authorised to keep have possession of, install, maintain, work or use wireless telegraphy apparatus being a community repeater system and consisting of authorised equipment as specified in the Schedule to this licence.

2. 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 (Community Repeater Licence) Regulations, 1988.

SCHEDULE

PART 1: Licensee

PART 2: Repeater

PART 3: Authorised Equipment

PART 4: Frequencies and Power

Maximum Transmitter Power:

Repeater: 25 watts.

Trigger Station: Power to be adjusted to the minimum required to give an input of 30dBV at the repeater.

Mobile Stations: 15 watts.

Handportables: 5 watts.

PART 5: Authorisation

This licence comes into effect on 1st day of ............................................................ ................ and, subject to revocation or suspension, expires on the last day of...................................................... unless renewed by payment of renewal fee and submission of list of users at least one month before the expiry date, i.e. by ....................................................

AUTHORISED USERS OF THE COMMUNITY REPEATER SYSTEM

SECOND SCHEDULE

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988

COMMUNITY REPEATER 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 signals are to be sent to or received from stations.

2. A licensee shall ensure —

( a ) that apparatus for wireless telegraphy to which any licence relates shall not cause radio or other interference with the use of any other apparatus for wireless telegraphy,

( b ) that any such apparatus shall be compatible with the apparatus of other stations,

( c ) the safe and efficient performance of his community repeater system,

( d ) that his community repeater system is kept in good repair and does not pose or cause any threat or danger to any user of such station or the general public, and

( e ) the efficient and orderly use of frequencies.

3. The Minister reserves the right to authorise the use of any radio frequency by any licensee.

4. A licensee shall not use or allow to be used at any station to which the licence relates any frequency or any greater power than those respectively specified in the licence.

5. A licensee shall ensure that the erection of all aerials and masts associated with his licensed community repeater system 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, and precautions to be taken against possible damage to overhead power wires.

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

7. The licensee shall be responsible for all equipment connected to his community repeater system and for the operation of the system.

8. (1) No messages shall be sent or received other than messages on the business as authorised in the licence.

(2) In this condition "business" excludes—

( a ) the business of sending or receipt of messages of other persons or corporations,

( b ) the sending or receipt of messages on matters other than those directly connected with the "business" described in the licence, and

( c ) the sending and receipt of messages in a manner which would infringe the Minister's privilege under the Telegraph Act, 1869, or the privilege of Bord Telecom Eireann under the Postal and Telecommunications Services Act, 1983 .

9. When sending messages over a community repeater system, the operator of a station or such a system must ensure—

( a ) that before a message is sent, he listens to ensure that no other station is sending messages,

( b ) that every spoken message sent from any such station starts with an announcement of the call-sign of both called and calling stations,

( c ) that the call-sign of the calling station shall be repeated at the end of every period of sending messages, and

( d ) that the stations shall be called and identified only by their authorised call-signs specified in the licence.

THIRD SCHEDULE

WIRELESS TELEGRAPHY ACT, 1926

WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988

NOTIFICATION OF INSTALLATION OF A COMMUNITY REPEATER SYSTEM

I, A.B., do solemnly and sincerely declare that: there has been installed a community repeater system as described above and that the apparatus used at the station in the said system complies in all respects with the technical and other requirements specified in the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988 ( S.I. No. 83 of 1988 ), and any requirements prescribed by the Minister for Communications in writing; that the radio frequency and the power at the station are the same as those respectively specified in the community repeater licence; and that no unlicensed equipment affecting the said system is installed

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

GIVEN under my Official Seal, this 29th day of April, 1988.

RAPHAEL P. BURKE

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

GIVEN under the Official Seal of the Minister for Finance, this 29th day of April, 1988.

RAY MacSHARRY.

EXPLANATORY NOTE.

These Regulations provide for the licensing of wireless telegraphy apparatus for the purpose of providing a mobile radio community repeater service and for the payment of fees by persons granted licences for that purpose.