European Communities (Mobile and Personal Communications) Regulations, 1996

JurisdictionIreland
CitationIR SI 123/1996

S.I. No. 123 of 1996.

EUROPEAN COMMUNITIES (MOBILE AND PERSONAL COMMUNICATIONS) REGULATIONS, 1996.

I, MICHAEL LOWRY, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Commission Directive No. 90/388/EEC of 28 June 19901 and Commission Directive No. 96/2/EC of 16 January 19962, hereby make the following Regulations.

1O.J. No. L92 of 24.7.90 P10.

2O.J. No L20 of 26.1.96 P59.

1. . These Regulations may be cited as the European Communities (Mobile and Personal Communications) Regulations, 1996.

2. . (1) In these Regulations, except where the context otherwise requires—

"the Act" means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);

"the Minister" means the Minister for Transport, Energy and Communications;

"mobile and personal communications services" means services other than satellite services whose provision consists, wholly or partly, in the establishment of radio communications to a mobile user, and makes use wholly or partly of mobile and personal communications systems;

"mobile and personal communications systems" means systems consisting of the establishment and operation of a mobile network infrastructure whether connected or not to public network termination points, to support the transmission and provision of radiocommunications services to mobile users;

"the Regulations" means the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 );

(2) A word or expression that is used in these Regulations or in subsection (2B) (inserted by these Regulations) of section 111 of the Act and is also used in Commission Directive No. 90/388/EEC of 28 June 1990 or Commission Directive No. 96/2/EC of 16 January 1996 shall, except where the context otherwise requires, have in these Regulations or that subsection the meaning that it has in the Commission Directive concerned.

(3) In these Regulations—

( a ) a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other provision is intended, and

( b ) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

3. . Subsection (1) of section 87 of the Act and paragraph (1) of Regulation 3 of the Regulations shall be construed as not applying to mobile and personal communications services or mobile and personal communications systems and, accordingly,—

( a ) paragraph (e) of subsection (3) of that section shall be deleted, and

( b ) "mobile radio telephony services, paging services" shall be deleted from paragraph (2) of that Regulation.

4. . Section 111 of the Act is hereby amended by the insertion of the following subsections after subsection (2A) (inserted by the Regulations):

"(2B) ( a ) In this subsection, save where the context otherwise requires, `licence' means a licence under subsection (2) to provide a mobile and personal communications service or a mobile and personal communications system.

( b ) A person shall not provide mobile and personal communications services or mobile and personal communications systems otherwise than under and in accordance with a licence.

( c ) A licence shall remain in force for such period as may be specified therein and may, while it is in force, be continued in force by the Minister from time to time for such periods as may be specified in amendments of the licence.

( d ) A licence and the granting or the refusal to grant a licence shall be in conformity with the requirements of Commission Directive No. 90/388/EEC of 28 June 1990, as amended by Commission Directive 96/2/EC of 16 January 1996.

( e ) Without prejudice to subsection...

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