Wireless Telegraphy (Community Repeater Licence) Regulations, 1988

• Jurisdiction: Ireland
• Citation: IR SI 83/1988
• Year: 1988

S.I. No. 83 of 1988.

WIRELESS TELEGRAPHY (COMMUNITY REPEATER LICENCE) REGULATIONS, 1988.

I, RAPHAEL P. BURKE, Minister for Communications, in exercise of the powers conferred on me by section 6 (l) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and the Ministers and Secretaries (Amendment) Act, 1983 (No. 40 of 1983), with the consent, in relation to fees, of the Minister for Finance, hereby make the following Regulations: 1. (1) These Regulations may be cited as the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988.

(2) These Regulations shall come into operation on the 15th day of May, 1988. 2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations. 3. In these Regulations, unless the context otherwise requires—

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

"community repeater station" means a station supplied, installed, maintained or used by a licensee, and shared by trigger stations and mobile stations to transmit and receive messages in accordance with these Regulations;

"community repeater system" means a combination of trigger stations and mobile stations sharing a community repeater station all of which operate together;

"licence" means a licence granted under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), to keep, have possession of, install, maintain, work or use apparatus for wireless telegraphy for the purpose of operating a community repeater system;

"licensee" means the holder of a licence;

" the Minister" means the Minister for Communications;

"mobile station" means a station intended to be used while being moved or during halts at unspecified points and includes handportable stations;

"station" means any apparatus for wireless telegraphy capable of being used for the purposes of transmitting or receiving messages by means of radiated electro-magnetic waves;

"trigger station" means a station sharing with one or more other similar stations the radiocommunication facilities of a community repeater station and intended to be used at a specified point for the purpose of radiocommunication with a mobile station. 4. (1) Any person proposing to keep and have possession of a community repeater system may apply to the Minister for a licence.

(2) The application for a licence shall be accompanied by a fee of £10 (which shall not be refundable in any circumstances) for processing the application.

(3) The Minister shall notify by registered post the applicant for a licence whether he intends to grant or refuse such a licence.

(4) Where the Minister notifies the applicant of his intention to grant a licence, the applicant shall, within 3 months of the sending of a notification by registered post, pay a fee of £500 before the issue of a licence (referred to in these Regulations as an "initial licence fee").

(5) If the initial licence fee is not paid to the Minister within the said period the application shall be deemed for the purposes of these Regulations to have been withdrawn. 5. (1) A licence shall be in the form set out in the First Schedule to these Regulations with such (if any) variation (whether by addition, omission or alteration) as the Minister may in any particular case think proper.

(2) A licensee shall hold a licence subject to these Regulations.

(3) Trigger stations and mobile stations which constitute part of the same community repeater system and which are specified in a licence shall be deemed to be licensed under the relevant licence.

(4) A licensee shall submit details of any additional trigger stations or mobile stations which he wishes to add, or are required to be added under Regulation 10 of these Regulations, to his community repeater system to the Minister for his approval and for addition to the licence before such stations are brought into service. 6. On the installation of a community repeater system, the licensee shall make a statutory declaration which shall be in the form set out in the Third Schedule to these Regulations and he shall forward such declaration to the Minister within 3 months of the issue of the relevant licence but should he fail to do so the Minister may cause a notice to be served on him by registered post requesting compliance with this Regulation within 10 days, and should a response be not duly made within that time, the licence may be revoked by the Minister. 7. (1) Subject to Regulation 15 of these Regulations, a licence shall remain in force for one year from the date of issue and shall then expire unless renewed under this Regulation.

(2) Subject to paragraphs (3) and (4) of this Regulation a licence may be renewed by the Minister for each subsequent year from the date on which the licence expires on a written application to the Minister for each such renewal by or on behalf of a licensee and on payment of the fee for the renewal of a licence specified in paragraph (5) of this Regulation at least one month before the expiry date.

(3) The person applying for the renewal of a licence referred to in paragraph (2) of this Regulation shall forward together with the application and fee referred to in that paragraph a list giving full details (including the names and addresses) of all users of stations on the licensee's community repeater system.

(4) A licence shall not be renewed if the licensee does not have or maintain on his community repeater system the appropriate minimum number of both trigger stations and mobile stations specified in Regulation 10 of these regulations, one month before the expiry date.

(5) A fee of £800 shall be paid for the renewal of a licence one month before the expiry date each year. 8. All fees payable under these Regulations shall be paid to the Minister for Communications, Scotch House, Hawkins Street, Dublin 2, and shall be so paid in cash, or by cheque, money order or postal order. 9. A licence shall be granted by the Minister to have effect from the first day of the month following receipt by the Minister of payment of the initial licence fee except where the initial licence fee is received less than 5 working days before the end of a month in which event the licence shall be granted with effect from the first day of the second month after such receipt. 10. (1) A licensee shall have on his community repeater system—

(a) within 11 months of the issue of the licence concerned not less than 5 trigger stations which operate in all not less than 20 mobile stations, and

(b) within 11 months of the first renewal of the licence and in respect of any subsequent renewal of a licence not less than 50 stations in all of which not less than 5 are trigger stations and not less than 20 are mobile stations.

(2) Subject to paragraph (3) of this Regulation, the Minister shall not renew the licence of a licensee who fails to have the minimum number of trigger stations and mobile stations specified in paragraph (1) of this Regulation.

(3) Notwithstanding the provisions of paragraph (1) of this Regulation, a licence may be renewed by the Minister at the end of the first year for which the licence was first issued or at the end of the year immediately following the year for which it was so renewed if the licensee concerned shows to the satisfaction of the Minister that he will have the appropriate number of stations on his community repeater system referred to in paragraph (1) of this Regulation within 3 months of the date of application for the renewal of the licence. 11. A licensee shall not—

( a ) 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,

( b ) use or allow to be used a community repeater station, a trigger station or a mobile station for any purpose which is not specified in the licence,

( c ) connect or allow to be connected any such station to the public telephone system,

( d ) permit continuous or continual communication between a trigger station and a mobile station to which the licence relates or between two or more such mobile stations for so long as they are at particular points, or

( e ) permit communication between trigger stations. 12. (1) If any message or communication which a licensee, his authorised agents or his users, are not authorised to receive is received by means of a station to which his licence relates, the licensee, his authorised agents or his users shall not make knwon or allow to be made known its contents, its origin, its destination, its existence or the fact of its receipt to any person (...