S.I. No. 67/1974 - Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

S.I. No. 67 of 1974.

WIRELESS TELEGRAPHY (WIRED BROADCAST RELAY LICENCE) REGULATIONS, 1974.

I, CONOR CRUISE O'BRIEN, Minister for Posts and Telegraphs, in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), and the Wireless Telegraphy Act, 1972 (No. 5 of 1972), and, so far as these Regulations relate to fees, with the consent of the Minister for Finance, hereby make the following Regulations:

1. (1) These Regulations may be cited as the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

(2) These Regulations shall come into operation on the 1st day of April, 1974.

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

3. In these Regulations—

"authorised officer" means a person appointed by the Minister in writing to be an authorised officer for the purpose of these Regulations;

"approved local programme" means a sound programme or a television programme originated locally and approved of by the Minister for relay from a station or stations;

"licence" means a licence to install, maintain, work and use a station;

"licensee" means a holder of a licence;

"the Minister" means the Minister for Posts and Telegraphs;

"quarter" means a period of three months ending on the 31st day of March, 30th day of June, 30th day of September or 31st day of December;

"relay" means, in relation to television programmes or television programmes and sound programmes, receive the programmes by means of wireless telegraphy apparatus and then convey them by wire from the place of reception to service points, and cognate words shall be construed accordingly;

"service point" means a point in a premises or part of a premises connected by wire to a station and to which television programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part;

"sound programme" means a programme intended for general reception in sound only;

"station" means wireless telegraphy apparatus, including any aerials and the wires connected to the service points served by the apparatus, used solely for the purpose of relaying television programmes or television programmes and sound programmes and any apparatus associated with the apparatus aforesaid ;

"television programme" means a programme intended for general reception in visual images with or without sound.

4. Any person proposing to install, maintain, work and use a relay service may apply to the Minister for a licence.

5. The Minister may, if he so thinks proper, issue a licence to any person but may, at his absolute discretion, refuse to issue a licence.

6. (1) A licence shall be in the form set out in the Schedule to these Regulations.

(2) The Minister may grant a licence subject to a condition that the licensee shall ensure that the station to which the licence relates complies with conditions which the Minister may from time to time determine and communicate to the licensee, 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 distributed from stations, and imposed to ensure—

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

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

( c ) the efficient performance of the system,

( d ) safety,

( e ) the efficient and orderly use of frequencies.

7. A licence shall unless surrendered and subject to any suspension thereof continue in force unless and until it is revoked by the Minister.

8. The Minister may by giving licensees not less than two years' previous notice in writing revoke all licences that have been in force for not less than seven years and are for the time being in force or all such licences relating to stations within a specified district or area.

9. (1) A fee shall by payable by the licensee on the last day of the quarter in which his licence was issued and on the last day of each subsequent quarter in which the licence remains in force unless—

( a ) no programmes other than those of Radio Telefís Éireann are relayed by the station to which the licence relates, or

( b ) the number of service points connected to the station does not exceed 20 or such other number as the Minister may determine from time to time.

(2) The amount of the fee shall be—

( a ) equivalent to 15% of the gross revenue, excluding installation charges and value-added tax, paid to the licensee in the quarter in which the fee is payable in respect of the relay service provided by the licensee,

( b ) where there is no identifiable revenue arising in respect of the relay service provided by the licensee, fifty pence per service point connected to the said station.

(3) A licensee who holds more than one licence in respect of stations in relation to which fees are payable under this Regulation may, if there is identifiable revenue of the kind specified in paragraph (2) of this Regulation in respect of each such station, pay a composite fee equivalent to 15% of the gross revenue, excluding installation charges and value-added tax, paid to him in the quarter in which the fee is payable in respect of the relay service provided by him.

(4) ( a ) The Minister may require a licensee to furnish to him a statement certified by a person who is qualified under the Companies Act, 1963 (No. 33 of 1963), for appointment as auditor of a company of the gross revenue, excluding installation charges and value-added tax, paid to the licensee in the year in which the requirement is made and in each subsequent year by reason of the relay service provided by the licensee and the licensee shall comply with such request within three months after the end of each year.

( b ) Where a statement of the gross revenue of a licensee is furnished in accordance with paragraph (2) (a) of this Regulation and 15% of such revenue differs by any amount from the sum of the fees paid by the licensee in accordance with the said paragraph (2) (a) in respect of the four quarters which comprise the year to which the statement relates—

(i) a fee of an amount equal to the difference shall be paid by the licensee within the period of two months from the date on which the statement was furnished as aforesaid if 15% of such revenue is greater than the sum of the fees, and

(ii) an amount equal to the difference shall be deducted from such fee if 15% of such revenue is less than the said sum.

(5) All fees payable under these Regulations shall be paid to the Minister for Posts and Telegraphs, General Post Office, Dublin 1, and shall be so paid in cash or by cheque, money order or postal order.

10. A licensee—

( a ) shall not receive any money or other consideration from any person (other than the licensee's usual charge in respect of connection of a service point with the station to which his licence relates) for the service provided under the licence,

( b ) shall not place any restrictions on the make or type of wireless telegraphy apparatus which may be used to receive programmes relayed from the station,

( c ) shall not use or allow to be used the wires forming part of the station for any purposes other than the relay to the service points of the programmes the relay of which is authorised by the licence,

( d ) shall not originate at the station or receive by wire or otherwise any programme, message or item for conveyance to service points other than the programmes the relay of which is authorised by the licence,

( e ) shall not connect to a station a service point in a place not within the area specified in relation to that station in the licence,

( f ) shall not refuse to connect, to a station a service point in the area specified in the licence, if, in the opinion of the Minister, the refusal is unreasonable,

( g ) shall not, 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,

( h ) shall not use any frequency channels for the purpose of the station other than frequency channels which have been approved of by the Minister for use for the said purpose.

11. If any message which a licensee is not authorised to receive is unintentionally received by means of the station to which his licence relates, the licensee shall not make known 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 allow it to be reproduced in writing or otherwise, copied or made use of. The licensee shall take such measures as are reasonably possible to prevent such a message being received at any service point connected to the station.

12. A licensee—

( a ) shall, if and when required to do so by the Minister, do either or both of the following:

(i) supply a channel at the station to which his licence relates for the purpose of relaying approved local programmes,

(ii) relay such approved local programmes on the said channel to each service point connected to the station;

( b ) shall secure the approval in writing of the Minister for the prices and charges he proposes to levy in respect of connection of, and relay of programmes to, service points connected to the station and for any subsequent variation thereof ;

( c ) shall, if and when required to do so by the Minister, do either or both of the following:

(i) delete advertising matter from a programme or programmes received at the station,

(ii) insert advertising or other matter in a programme or programmes relayed to service points connected to the station;

( d ) shall, on request, produce the licence for inspection by an authorised officer;

( e ) shall furnish to the Minister such information relating to the relay service provided under the licence as the Minister may from time to time, by notice in writing sent by post to the licensee at his last known address, require ;

( f ) shall relay to each service point connected to the station such programmes as are required to be relayed under the licence;

( g ) shall, on request by an authorised officer, permit the officer to inspect at all reasonable times the station and any records kept for the purposes of the station;

( h ) shall, on request by an authorised officer, make available any test equipment or apparatus necessary to facilitate testing by the authorised officer of the station.

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

14. (1) Whenever the Minister is satisfied that a licensee has failed to observe any of the conditions subject to which his licence was granted or has failed to pay the fees payable under these Regulations within 21 days of the due date 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 Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), the Broadcasting Authority Act, 1960 (No. 10 of 1960), the Wireless Telegraphy Act, 1972 (No. 5 of 1972), or 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.

(2) If the number of service points connected to a station twelve months after the date of issue of the licence relating to it or at any time thereafter is less than the minimum number specified in the licence, the Minister may suspend or revoke the licence in whole or in part by notice in writing sent by post to the licensee at his last known address.

(3) If—

( a ) a receiving order in bankruptcy is made in respect of the estate of a licensee, or

( b ) the licensee, being a company (within the meaning of the Companies Act, 1963 (No. 33 of 1963), an order for its winding up is made or a resolution for voluntary winding up (within the meaning of that Act) is passed by the company otherwise than for the purpose of a merger or reconstruction or a receiver of the property of the company is appointed,

the Minister may suspend or revoke the licence of the licensee by notice in writing sent to him by post at his last known address.

(4) In addition to the other powers of suspension conferred by these Regulations, the Minister may at any time by notice published in Iris Oifigiúil, suspend for any period in whole or in part all licences for the time being in force or all such licences relating to stations within a specified district or area.

(5) The suspension or revocation of a licence under this Regulation shall not operate to entitle the licensee to a refund of any fee paid by him in relation to the licence or any part of such fee.

15. If the Minister—

( a ) is satisfied that the use of any of the apparatus of a station is causing or is likely to cause interference with any wireless telegraphy apparatus used for the purpose of any safety of life service or for any purpose on which the safety of any person or of any vessel, aircraft or vehicle may depend, and

( b ) gives notice in writing by post to the relevant licensee at his last known address requiring the use of that apparatus to cease forthwith or on or before a date and time stated in the notice,

the use thereof shall cease accordingly and shall not be resumed until such notice has been withdrawn by the Minister.

16. An authorised officer, when exercising any power pursuant to these Regulations, shall if so requested, produce a copy of his appointment under these Regulations to any person affected.

17. Nothing contained in a licence shall authorise the licensee to do any act which is an infringement of any copyright which may exist in any television programme or sound programme.

SCHEDULE

Wireless Telegraphy Act, 1926

Wired Broadcast Relay Licence

Licence to install, maintain, work and use a wired broadcast relay station issued subject to the provisions of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974.

1. The licensee specified in Part I of the Schedule to this licence is hereby authorised—

( a ) to install, maintain, work and use a station at the places specified in Parts II and III of the Schedule;

( b ) to connect the station with service points in the area described in Part III of the Schedule to the intent that programmes received by the station may be capable of being received by wire at service points in that area.

2. The licensee shall be responsible for obtaining such wayleave permission as may be necessary for the installation, maintenance, working and use of the station.

3. The licensee—

( a ) shall relay to each service point the national television programmes of Radio Telefís Éireann at the times at which they are being broadcast,

( b ) may relay such (if any) programmes as are specified in Part V of the Schedule to this licence,

( c ) shall relay to each service point the national sound programmes of Radio Telefís Éireann on the very high frequency band at the times at which they are being broadcast,

( d ) if any of the sound programmes specified in Part V of the Schedule to this licence are being relayed on the medium frequency band to service points shall relay the national sound programmes of Radio Telefís Éireann at the times at which they are being broadcast on the medium frequency band to each service point,

( e ) shall relay to each service point such approved local programmes as may be required by the Minister under Regulation 12 (a) of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974, to be relayed,

and shall not relay any other programmes or matter save with the consent in writing of the Minister. Should such consent in writing be given the licence shall be regarded as amended accordingly.

4. The Minister may by giving licensees not less than two years' previous notice in writing revoke all wired broadcast relay licences that have been in force for at least, seven years and are for the time being in force or all such wired broadcast relay licences relating to stations within a specified district or area.

5. This licence unless surrendered and subject to any suspension thereof, shall remain in force unless and until it is revoked by the Minister.

6. The apparatus of the station shall be so designed, constructed, installed, maintained and operated that no harmful interference with any State or other authorised apparatus for wireless telegraphy and no harmful effect on any telegraphic line of the Minister (wherever placed and by whomsoever used) is caused.

7. The licensee shall maintain a record of the names and addresses of possessors of television sets at service points connected with the station and the record shall include particulars of the dates on which the programmes were first relayed to each service point and the dates on which relay to any service point ceased.

8. The licensee shall within one month of the date on which the relaying of programmes from the station commenced give the Minister a statement in writing specifying in respect of that date—

( a ) the names and addresses of persons having television sets at the service points, and

( b ) the total number of service points.

9. If in any succeeding month there is a change—

( a ) of persons having television sets at service points, or

( b ) in the total number of service points,

the licensee shall, within 8 days from the end of that month notify the Minister of the changes and furnish to him particulars of the changes.

10. Within 8 days from—

( a ) the end of the period of six months beginning immediately after the month aforesaid, and

( b ) the end of every subsequent period of six months beginning immediately after the period of six months preceding it,

the licensee shall give to the Minister a statement in writing specifying in respect of the last day of the preceding month the total number of service points connected to the station.

11. Nothing contained in this licence shall authorise the licensee to do any act which is an infringement of any copyright which may exist in any relayed broadcast matter.

12. The attention of the licensee is particularly directed to Regulations 6, 9, 10, 11, 12 and 15 of the Wireless Telegraphy (Wired Broadcast Relay Licence) Regulations, 1974 which contain other conditions to be complied with by the licensee of a station.

13. In this licence—

"approved local programme" means a sound programme or a television programme originated locally and approved of by the Minister for relay from a station or stations ;

"the Minister" means the Minister for Posts and Telegraphs;

"quarter" means a period of three months ending on the 31st day of March, 30th day of June, 30th day of September or 31st day of December;

"relay" means, in relation to television programmes or television programmes and sound programmes, receive the programmes by means of wireless telegraphy apparatus and then convey them by wire from the place of reception to service points, and cognate words shall be construed accordingly;

"service point" means a point in a premises or part of a premises connected by wire to a station and to which television programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part ;

"sound programme" means a programme intended for general reception in sound only;

"station" means wireless telegraphy apparatus, including any aerials and the wires connected to the service points served by the apparatus, used solely for the purpose of relaying television programmes or television programmes and sound programmes and any apparatus associated with the apparatus aforesaid;

"television programme" means a programme intended for general reception in visual images with or without sound.

SCHEDULE

PART I

Licensee

PART II

Location of aerial

PART III

Area to be served by station

PART IV

Minimum number of service points to be connected to the station to which this licence relates

PART V

Programmes which may be relayed in addition to those of Radio Telefís Éireann

GIVEN under my Official Seal, this 15th day of March, 1974.

CONOR CRUISE O'BRIEN.

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

GIVEN under the Official Seal of the Minister for Finance, this

16th day of March, 1974.

RICHIE RYAN.

EXPLANATORY NOTE.

These Regulations provide for the issue of licences for apparatus used solely for the purpose of relaying television programmes or television programmes and sound programmes (relay stations), for the regulation of relay stations and for the payment of licence fees quarterly.