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S.I. No. 372/1997 - European Communities (Satellite Telecommunications Services) Regulations, 1997

S.I. No. 372 of 1997.

EUROPEAN COMMUNITIES (SATELLITE TELECOMMUNICATIONS SERVICES) REGULATIONS, 1997

 I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by Section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Commission Directive 94/46/EC1 of 13 October 1994, hereby make the following regulations:

1O.J. No. L268 of 19.10.94, p.15

1. These Regulations may be cited as the European Communities (Satellite Telecommunications Services) Regulations, 1997.

2. In these Regulations

"placing on the market" means importing, selling, offering for sale, exposing for sale or supplying within the State;

"satellite earth station equipment" means equipment which is capable of being used for the transmission only or for the transmission and reception, or for the reception only of radio communications signals by means of satellite or other space based systems.

3. The Wireless Telegraphy Acts, 1926 to 1972, and the Broadcasting and Wireless Telegraphy Act, 1988 (No. 19 of 1988), shall not apply to the placing on the market of satellite earth station equipment.

4. Section 87 (1) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), shall be construed as not applying to satellite services.

5. Regulation 3(2) (as amended by Regulation 3 of the European Communities (Mobile and Personal Communications) Regulations, 1996 ( S.I. No. 123 of 1996 )) of the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 ), is hereby amended by the deletion of "and satellite services" and that paragraph, as so amended, is set out in the Table to this Regulation.

TABLE

(2) Nothing in paragraph (1) of this Regulation shall be construed as affecting the offer, provision or maintenance by the Company within the State of telex services which are within the exclusive privilege of the Company by virtue of section 87 of the act of 1983.

GIVEN under my Official Seal this 8th day of September, 1997

Mary O'Rourke T.D.,

Minister for Public Enterprise

EXPLANATORY NOTE

The purpose of these Regulations is to give effect to Commission Directive 94/46/EC of 13 October, 1994, amending Commission Directive 88/30 I/EEC of 16 May, 1988 and Commission Directive 90/388/EEC of 28 June, 1990 in particular with regard to satellite communications.

The purpose of Commission Directive 94/46/EC is to provide for the liberalisation of the markets for satellite communications services, networks and equipment.