S.I. No. 593/2023 - Wireless Telegraphy (Fixed Radio Link Licence) Regulations 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th December, 2023.

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926) as substituted by section 182 of the Broadcasting Act 2009 (No. 18 of 2009), and with the consent of the Minister for the Environment, Climate and Communications (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )) in accordance with section 37 of the Communications Regulation Act 2002 (No. 20 of 2002), hereby makes the following Regulations:

Citation

1. These Regulations may be cited as the Wireless Telegraphy (Fixed Radio Link Licence) Regulations 2023.

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);

“Apparatus” means apparatus for wireless telegraphy as defined in section 2 of the Act of 1926;

“Wireless Telegraphy” has the same meaning as set out in section 2 of the Act of 1926;

“Annual Fee” means the Licence Fee which applies to a Fixed Radio Link from 1 October 2026;

“Bandwidth” or “BW” means the frequency range occupied by a modulated carrier signal;

“Commission” means the Commission for Communications Regulation established under the Act of 2002;

“Congestion Area” means the geographic area as defined by National Grid 3122 and 3123 (as set out by Tailte Éireann) wherein a Congestion Charge applies.

“Congestion Charge” means the charge applied to a Fixed Radio Link in a Congestion Area and set out in Schedule 2;

“Congested Fixed Radio Link” means a Point-to-Point Fixed Radio Link or Point-to-Multi-Point Fixed Radio Link where one or more of its specified fixed points is in both a Congested Frequency Band and the Congestion Area;

“Congested Band” and “Congested Frequency Band” means the frequency band, or bands, which has been identified as being congested within a specific geographic area;

“Consumer Price Index” or “CPI” means the consumer price index as published from time to time by the Central Statistics Office;

“Central Statistics Office” means the Central Statistics Office of Ireland or its successor;

“EECC Regulations” means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );

“FDD” means Frequency Division Duplexing;

“Fixed Radio Link” means a fixed wireless link by means of Apparatus for wireless telegraphy;

“Fixed Radio Link Licence” means a non-exclusive Licence in the form set out in Schedule 1;

“Fixed Radio Link Path” means a unique path as defined by the specified fixed points of a Fixed Radio Link;

“Frequency Band” means a specific range of frequencies in the electromagnetic frequency spectrum as designated by the International Telecommunication Union and/or the Electronic Communications Committee;

“Harmful Interference” has the meaning set out in the EECC Regulations;

“High Usage Path” means a Fixed Radio Link Path on which a Licensee has Fixed Radio Links on the same Fixed Radio Link Path occupying 50% or greater of the available bandwidth within a Frequency Band;

“High Usage Path Fixed Radio Link” means Fixed Radio Link on a High Usage Path;

“Initial Fee” means the Licence Fee which applies to a Fixed Radio Link from the day on which these Regulations were made until 30 September 2024;

“Licence” means a non-exclusive licence granted in accordance with section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep, have possession of, install, maintain, work and use Apparatus in a specified place in the State granted to the licensee;

“Licence Fee” means the fee for a Fixed Radio Link as set out in Schedule 2;

“Licensee” means the holder of a Licence;

“Non-exclusive”, in relation to a Licence, means that the Commission is not precluded from authorising the keeping and having possession by persons other than the Licensee, on a Non-Interference and Non-Protected Basis, of Apparatus for wireless telegraphy for the radio frequency spectrum specified in the Licence;

“Non-Interference and Non-Protected Basis” means that the use of Apparatus for wireless telegraphy is subject to no Harmful Interference being caused to any Radiocommunication Service, and that no claim may be made for the protection of Apparatus for wireless telegraphy used on this basis against Harmful Interference originating from Radiocommunication Services;

“Point-to-Point Fixed Radio Link” means a Fixed Radio Link between two specified fixed geographic points;

“Point-to-Multi-Point Fixed Radio Link” means a Fixed Radio Link between a specified fixed geographic point and multiple geographic points;

“Radio Equipment Regulations” means the European Union (Radio Equipment) Regulations 2017 ( S.I. No. 248 of 2017 );

“Radiocommunication Service” means a service as defined in the Radio Regulations of the International Telecommunication Union involving the transmission, emission or reception of radio waves for specific telecommunication purposes;

“Tailte Éireann” means the state agency responsible for property registrations, property valuation and national mapping services, as established under the Tailte Éireann Act 2022;

“TDD” means Time Division Duplexing;

“Temporary Licence” means a Licence that is issued only for a period up to a maximum of eleven months and which shall not be renewed;

“Undertaking” means a person engaged or intending to engage in the provision of electronic communications networks or services or associated facilities.

(2) In these Regulations –

(a) 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;

(b) 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;

(c) a word or expression that is used in these Regulations and that is also used in the Act of 1926 has, unless the context otherwise requires, the same meaning in these Regulations that it has in that Act;

(d) a word or expression that is used in these Regulations and that is also used in the Act of 2002 has, unless the context otherwise requires, the same meaning in these Regulations that it has in that Act;

(e) a word or expression that is used in these Regulations and that is also used in the EECC Regulations has, unless the context otherwise requires, the same meaning in these Regulations that it has in those Regulations.

Licences to which these Regulations apply

3. These Regulations apply to Fixed Radio Link Licences.

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, at a specified location in the State, Apparatus for wireless telegraphy for the purpose of the provision of a Point-to-Point Fixed Radio Link or a Point-to-Multi-Point Fixed Radio Link.

(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 provision of a Point-to-Point Fixed Radio Link or a Point-to-Multi-Point Fixed Radio Link 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 will 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 EECC Regulations and, if the person, without reasonable cause, fails to comply with this paragraph, the Commission may refuse to grant a Licence to the person.

(3) The Commission may issue a Temporary Licence for a period up to a maximum of eleven months which shall not be renewed.

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

(5) Subject to Regulation 7, a Licence shall be in the form specified in Schedule 1 with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

Duration and Renewal of Licences

6. (1) A licence shall, unless it has been withdrawn or had its duration reduced under Regulation 8, remain in force from the date of grant for a period of one year unless renewed under these Regulations.

(2) A Licence may be renewed from time to time by the Commission under this Regulation.

(3) A Temporary Licence shall, unless it has been withdrawn or had its duration reduced under Regulation 8, remain in force from the date the licence is granted until the expiry date as specified in the licence, which shall not be greater than an eleven-month period, and shall not be renewed.

(4) Prior to the expiration of a Licence, the Commission may, by notice in writing given to the Licensee or sent to the Licensee at the address of the Licensee specified in the Licence and subject to the payment of the relevant fees in advance of the expiry date, renew the Licence for one year from the day following the expiration of the last previous period during which it was in force. The granting or renewal of a Licence shall not be construed as warranting that the Licence shall be renewed at any time in the future.

(5) In considering whether to renew a Licence, the Commission shall have particular regard to:

(a) whether the Licensee has complied with these Regulations and the conditions attached to the expiring Licence;

(b) the efficient management and use of radio spectrum; and

(c) the avoidance of Harmful Interference.

Conditions of Licences

7. 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;

(c) the Licensee shall make payments of the fees as set out in Schedule 2 to these Regulations, and in accordance with Regulation 9 of these Regulations;

(d) the Licensee shall request the Commission to consider and decide on an amendment to the licence to reflect any proposed changes to the information contained in the Licence;

(e) the Licensee shall furnish such information and reports in respect of the Licence, including relating to the Apparatus and its use, as may be requested by the Commission from time to time;

(f) 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;

(g) 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;

(h) the Licensee shall ensure that, save as may be required by law, access to, and use of, the Apparatus is restricted to the Licensee, employees or agents of the Licensee, and persons authorised by or on behalf of the Licensee;

(i) 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 will 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;

(j) 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 working days;

(k) the Licensee shall on request from an authorised officer of the Commission permit the inspection of the Apparatus, enable access to the site or sites on which the Apparatus is located and produce the associated Licence for inspection;

(l) having notified and obtained the prior written consent of the Commission, the Licensee may transfer or lease the Licence to another undertaking where the attached conditions are maintained;

(m) 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;

(n) ensure that all Apparatus, or any part thereof, complies with the Radio Equipment Regulations.

Enforcement, Amendment, Withdrawal and Suspension

8. (1) Enforcement by the Commission of compliance by a Licensee with conditions attached to their Licence shall be in accordance with the EECC Regulations and the Communications Regulation and Digital Hub Development Agency Act 2023, and any other requirements under applicable national or European Community law.

(2) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made subject to and in accordance with the EECC Regulations, and any other requirements under applicable national or European Union law.

(3) Without prejudice to paragraph (2) of this Regulation, at the request of the Licensee, the Commission may, if it considers it appropriate to do so, amend the Licence by adding to, deleting from or altering the radio frequency spectrum specified in the Licence on which the Apparatus may be used. Any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

(4) A Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, and any other requirements under applicable national or European Community law.

Licence Fees

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

(2) The fees set out and provided for in Schedule 2 shall be payable by the Licensee to the Commission prior to the grant or renewal of a Licence.

(3) Fees shall be paid to the Commission by way of Electronic Funds Transfer 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) Fees for any period of less than one year shall be calculated on a pro rata monthly basis for such period.

(5) If a Licence is suspended or withdrawn, the Licensee may be entitled to a refund on a pro rata monthly basis for the remaining period of the Licence of the relevant Licence Fee.

(6) If a Licence is suspended or withdrawn due to a finding by ComReg of non-compliance with any relevant licence conditions, the Licensee shall not be entitled to be repaid any part of the Licence Fee paid by the Licensee, but shall still be liable to pay any sums, including interest, that are outstanding.

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

(8) The fees will be implemented, on a phased-in basis, in accordance with Schedule 2.

Congested Fixed Radio Links

10. (1) For the purpose of calculating the Initial Fees, the Congested Frequency Bands are:

(a) the 18 GHz Frequency Band (17.7 GHz to 19.7 GHz);

(b) the 23 GHz Frequency Band (22.0 GHz to 22.6 GHz and 23.0 GHz to 23.6 GHz).

(2) For the purpose of calculating the Annual Fees, the Congested Frequency Bands are:

(a) the 13 GHz Frequency Band (12.75 GHz to 13.25 GHz);

(b) the 15 GHz Frequency Band (14.5 GHz to 15.35 GHz);

(c) the 18 GHz Frequency Band (17.7 GHz to 19.7 GHz);

(d) the 23 GHz Frequency Band (22.0 GHz to 22.6 GHz and 23.0 GHz to 23.6 GHz).

Transitional Arrangements

11. (1) Subject to paragraph (2) of this Regulation, the Wireless Telegraphy (Radio Link Licence) Regulations 2009 ( S.I. No. 370 of 2009 ) are hereby revoked.

(2) A licence issued under the Wireless Telegraphy (Radio Link Licence) Regulations 2009 ( S.I. No. 370 of 2009 ) 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 (FIXED RADIO LINK LICENCE) REGULATIONS, 2023

LICENCE CERTIFICATE

Part 1

Licence Number: .........................................................

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as substituted by section 182 of the Broadcasting Act 2009 (No. 18 of 2009), 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 (Fixed Radio Link Licence) Regulations, 2023 (S.I.593 of 2023)

Licensee: ........................................................................

Address: .........................................................................

Licence Type: ................................................................

Commencement and Termination Dates (if applicable):

The Licence comes into effect on DD/MM/YY and, subject to withdrawal or suspension, expires on DD/MM/YY unless renewed in accordance with these Regulations.

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: .............................................................................

Part 2

Locations(s) and Technical Conditions of Apparatus:

SCHEDULE 2 FEES PAYABLE

From the day on which these Regulations were made until 30 September 2024, the annual payable fees (“Initial Fees”) for Point-to-Point Fixed Radio Link Licences are set as per Table 1 and 2.

Table 1: Initial Fee schedule for Point-to-Point Fixed Radio Link licences

Table 2: Initial Fee schedule for Point-to-Point Fixed Radio Link Licences on a High Usage Path or in a Congestion Area

The Initial Fee for a Point-to-Multi-Point Fixed Radio Link is four (4) times the Annual Fees (€) for a Point-to-Point Fixed Radio Link.

From 1 October 2024 until 30 September 2026,the annual Licence Fee payable for Point-to-Point Fixed Radio Link Licences is set by the following formula:

t represents the number of years from 1 October 2023, therefore t=1 from 1 October 2024; and t=2 from 1 October 2025.

n represents the duration in years from 1 October 2023 until 30 September 2026, therefore n=3.

Initial Fees represents the fees as shown in Table 1 and Table 2 above.

Annual Fees represents the Licence Fees as calculated below.

Annual Fees

From 1 October 2026, the annual fee payable on a Point-to-Point Fixed Radio Link (Annual Fee) is equal to the fee for that Point-to-Point Fixed Radio Link in the base year of 2023 (the “Base Fee”), indexed to the annual rate of inflation since 2023 using the Consumer Price Index. The inflation adjustment, is set out in the following formula as follows:

Where CPI_t represents the 12-month Consumer Price Index figures published by the Central Statistics Office, for year t, the year immediately preceding the indexation. CPI₂₀₂₃ represents the 12-month Consumer Price Index figures published by the Central Statistics Office for 2023. The first indexation shall take place on the 1 October 2024 and shall occur annually thereafter on that same date.

The Base Fees are set out in Table 3, Table 4, Table 5 and Table 6 below, save for any adjustments outlined below for Fixed Radio Links in a Congestion Area and/or on a High Usage Path and/or Point-to-Multi-Point Fixed Radio Link.

The fee for a TDD Fixed Radio Link is half the fee of a FDD Fixed Radio Link using the same Bandwidth.

Table 3: Base Fee for a Point-to-Point Fixed Radio Link in the 1.3/1.4 GHz and 1.3/1.5 GHz Bands, by Bandwidth (MHz)

Table 4: Base Fee for a Point-to-Point Fixed Radio Link in the 2 GHz, 6 GHz, 7 GHz, and 8 GHz Bands, by Bandwidth (MHz)

Table 5: Base Fee for a Point-to-Point Fixed Radio Link in the 11 – 42 GHz Bands, by Bandwidth (MHz)

Table 6: Base Fee for a Point-to-Point Fixed Radio Link in the 80 GHz Band, by Bandwidth (MHz)

Congested Fixed Radio Links and High Usage Path Fixed Radio Links.

The Annual Fee for a Fixed Link is increased by:

• 200% where that Fixed Radio Link is a Congested Fixed Radio Link; and / or

• 20% where that Fixed Radio Link is a High Usage Path Fixed Link.

Fees for Point-to-Multi-Point Fixed Radio Links

The Annual Fee is equal to the sum of the Annual Fees that would be payable for each equivalent Point-to-Point Fixed Link within the Point-to-Multi-Point system, up to the eighth link, and 25% of each link beyond the eighth link in the Point-to-Multi-Point system.

Temporary Licence Fees

In all periods, temporary Licence Fees are applied pro-rata to the relevant fees payable using the number of months for which the licence is granted. (i.e., if a licence is granted for a period of less than one month, then, for the purpose of these calculations only, the licence shall be considered as a licence granted for a period of one month).

GIVEN under the Official Seal of the

Commission for Communications Regulation,

29 November, 2023.

GARRETT BLANEY,

Commissioner, For and on behalf of the Commission for Communications Regulation.

The Minister for the Environment, Climate and Communications (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), in accordance with section 37 of the Communications Regulation Act, 2002 , consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for the Environment, Climate and Communications,

28 November, 2023.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

EXPLANATORY NOTE

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

These Regulations provide for the issue of licences for Apparatus for Wireless Telegraphy for the provision of a Fixed Radio Link for the regulation of such Apparatus, and for the payment of fees by persons granted licences for that Apparatus.