S.I. No. 226/2020 - Wireless Telegraphy Act 1926 (section 3) (Exemption of Terminals for Satellite Services) Order 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th June, 2020.

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 3 (6)(a) of the Wireless Telegraphy Act 1926 (No. 45 of 1926), (inserted by section 11 (c) of the Wireless Telegraphy Act 1972 (No. 5 of 1972)), transferred to the Commission for Communications Regulation by section 4 (2) 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 Terminals for Satellite Services) Order 2020.

Interpretation

2. The Interpretation Act 2005 (No. 23 of 2005) applies to this Order.

3. In this order-

“Document 20/47” means the Document entitled “Permitted Licence Exemptions for Terminals for Satellite Services” published on the 19 June 2020 and any amendment, revision or replacement thereof;

4. The classes of apparatus for wireless telegraphy described in the Schedule to this Order are hereby declared to be classes of apparatus for wireless telegraphy to which section 3 of the Wireless Telegraphy Act 1926 as amended does not apply.

5. The following statutory instruments are hereby revoked:

(1) Statutory Instrument Number 273 of 2000, the Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000;

(2) Statutory Instrument Number 398 of 2001, the Wireless Telegraphy Act 1926 (Section 3) (Exemption of certain classes of Land Mobile Earth Stations) Order 2001;

(3) Statutory Instrument Number 505 of 2003, the Wireless Telegraphy Act 1926 (Section 3 (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003;

(4) Statutory Instrument Number 7 of 2004, the Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004;

(5) Statutory Instrument Number 128 of 2005, the Wireless Telegraphy Act 1926 (Section 3) (Exemption of certain classes of Land Mobile Earth Stations) Order 2005; and

(6) Statutory Instrument Number 343 of 2008, the Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Earth Stations on board Vessels) Order 2008.

Schedule

Apparatus for wireless telegraphy to which section 3 of the Wireless Telegraphy Act 1926 does not apply:

Terminals for satellite services which are of a type described in ComReg Document 20/47, as amended, entitled “Permitted Licence Exemptions for Terminals for Satellite Services” and which operate in accordance with the technical parameters of that Document.

GIVEN under the Official Seal of the Commission for Communications Regulation

23 June 2020.

JEREMY GODFREY

Commissioner, For and on Behalf of the Commission for 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 certain wireless telegraphy apparatus, namely terminals for satellite services, which meet certain conditions stated in the face of the order, from the requirement to be licensed under the Wireless Telegraphy Act 1926 .