S.I. No. 405/2002 - Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order, 2002

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), section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996) and the Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( No. 300 of 2002 ), as adapted by the Marine and Natural Resources (Alteration of Name of Department and Title of Minister) Order 2002 ( No. 307 of 2002 ) hereby order as follows:”

1 .This Order may be cited as the Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order, 2002.

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

3. In this Order -

“CEPT” means the European Conference of Postal and Telecommunications Administrations;

“Document No. 02/71” means the document entitled “Permitted Short Range Devices in Ireland” published by the Director on the 30^th day of July 2002;

“ERC” means the European Radiocommunications Committee of CEPT. The functions of the ERC were transferred to the Electronic Communications Committee in November 2001 with the approval of the plenary assembly of CEPT;

“ERC/REC/70-03” means ERC Recommendation 70-03 relating to the use of short range devices (SRD), including Appendices and Annexes;

“the Director” means the Director of Telecommunications Regulation;

“Short Range Device (SRD)” means, as the context may require, a radio transmitter as described in Table 1 or Table 2 of Document No. 02/71.

4. The classes of wireless telegraphy apparatus described in paragraph 1 and 2 of 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 (No. 45 of 1926), is not to apply.

Schedule

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

1.   Short Range Devices which are of a type described in Table 1 of Document No. 02/71 and which operate in accordance with the technical parameters of that Table and ERC/REC/70-03.

2.   Short Range Devices which are of a type described in Table 2 of Document No. 02/71 and which operate in accordance with the technical parameters of that Table.

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 from licensing of short range devices which operate in accordance with ERC/REC/70-03 and certain other short range devices as specified by the Director in the National document relating to the use of short range devices in Ireland (Document No. 02/71).