S.I. No. 436/1998 - Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Citizens' Band (Cb) Radios) Order, 1998

I, Etain Doyle, Director of Telecommunications Regulation, in exercise of the powers conferred on me by subsection (6) (inserted by section 11 of the Wireless Telegraphy Act, 1972 (No. 5 of 1972)) of section 3 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), hereby order as follows:

1. This Order may be cited as the Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Citizens' Band (CB) Radios) Order, 1998.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. (1) In this Order—

"AM citizens' band (CB) radio equipment" means double sideband and/or single sideband amplitude modulated radio equipment which complies with ETS 300 433;

"Citizens' band (CB) radios" means AM citizens' band (CB) radio equipment and PR 27 radio equipment;

"ETS 300 135" means the European Telecommunication Standard entitled "Radio Equipment and Systems; Angle-modulated Citizens' Band radio equipment (CEPT PR 27 Radio Equipment); Technical characteristics and methods of measurement" prepared by an Experts' Group of the Radio Equipment and Systems (RES) Technical Committee of the European Telecommunications Standards Institute (ETSI), as amended;

"ETS 300 433" means the European Telecommunication Standard entitled "Radio Equipment and Systems (RES); Double Side Band (DSB) and/or Single Side Band (SSB) amplitude modulated Citizens' Band (CB) radio equipment; Technical characteristics and methods of measurement" produced by the Radio Equipment and Systems (RES) Technical Committee of the European Telecommunications Standards Institute (ETSI), as amended;

"PR 27 radio equipment" means angle-modulated radio equipment which complies with ETS 300 135;

"radio equipment" means apparatus for wireless telegraphy that is capable of being used for transmitting and receiving messages by means of radiated electro-magnetic waves.

(2) A word or expression that is used in this Order and in ETS 300 135 or ETS 300 433 shall have the meaning in this Order that it has in ETS 300 135 or, as appropriate, ETS 300 433.

4. Notwithstanding the Wireless Telegraphy (Personal Radio Licence) Regulations, 1982 ( S.I. No. 8 of 1982 ), the following class of apparatus for wireless telegraphy is hereby declared to be a class of apparatus for wireless telegraphy to which section 3 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), is not to apply, namely citizens' band (CB) radios used solely for the purposes of transmitting and receiving spoken messages.

GIVEN under my hand, this 11th day of November, 1998

Etain Doyle

Director of Telecommunications Regulation

EXPLANATORY NOTE

This Order provides for the exemption of Citizens' band (CB) radio systems from the requirement to be licensed under the Wireless Telegraphy Act, 1926 .

In order to qualify for this exemption a Citizens' band (CB) radio system must be type approved and must conform with all other technical specifications laid down in this Order.