S.I. No. 290/2010 - Wireless Telegraphy Act, 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order, 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th June, 2010.

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 3 (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), hereby makes the following Order:

Citation

1. This Order may be cited as the Wireless Telegraphy Act, 1926 (Section 3) (Exemption of 406MHz Personal Locator Beacons) Order, 2010.

Interpretation and Definitions

2. In this Order—

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

“Cospas-Sarsat” means the international satellite system for search and rescue;

“EPIRB” means Emergency Position Indicating RadioBeacon;

“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;

“International 406MHz Beacon Registration Database” means the database used for registering PLBs operating at 406MHz, held internationally by Cospas-Sarsat;

“ITU” means the International Telecommunication Union;

“ITU-R Rec. M.633” means ITU Radiocommunication Sector, Recommendation M.633, Transmission characteristics of a satellite emergency position-indicating radiobeacon (satellite EPIRB) system operating through a low polar-orbiting satellite system in the 406MHz band;

“PLB” means personal locator beacon:

Applicability

3. This Order only applies within the jurisdiction of Ireland and only if the PLB is registered with Cospas-Sarsat in the International 406MHz Beacon Registration Database.

4. The PLB, can only be used in an emergency where normal methods of contacting the emergency services are not available.

5. Misuse or accidental activation of the PLB will contravene this Order.

6. The following classes of apparatus for wireless telegraphy are hereby declared to be classes of apparatus for wireless telegraphy to which Section 3 of the Wireless Telegraphy Act 1926 does not apply, namely, the classes of apparatus for wireless telegraphy described in the Schedule to this Order.

SCHEDULE

Apparatus for wireless telegraphy to which Section 3 of the WirelessTelegraphy Act 1926 does not apply

(1) Personal Locator Beacons which: are described in column 1 of table 1 and meet the requirements set out in Column 2.

GIVEN under the Official Seal of the Commission for Communications Regulation,

14 June 2010.

ALEX CHISHOLM,

Chairperson, On behalf of the Commission of Communications Regulation.

EXPLANATORY NOTE

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

This Order provides for the exemption of PLBs operating at 406MHz from the requirement to be licensed under the Wireless Telegraphy Act, 1926 .