Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment)(No.2) Regulations, 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Wireless telegraphy (Fixed Wireless Point to Multi-point Access Licence) (Amendment) (no.2) Regulations, 2003.
(2) The Principal Regulations and these Regulations may be cited together as the Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence Regulations, 1999 to 2003 and shall be construed together as one.
(3) These Regulations come into operation on 25 July 2003
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paragraphs: The Principal Regulations shall be amended by the deletion of Regulations 2 - 11 with the substitution of the following Regulations;.
“Interpretation
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paragraphs: (1) In these Regulations, unless the context otherwise requires -
“Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);
“Act of 1972” means that Wireless Telegraphy Act, 1972 (No. 5 of 1972);
“Act of 2002” means the Communications Regulation Act, 2002 (No. 20 of 2002);
“Apparatus” means apparatus for wireless telegraphy operating in the frequency bands designated by the Commission for FWPMA using Radio Point to Multi-point Systems for the provision of a telecommunications access network and associated services and, in relation to a Licence, means apparatus to which the Licence relates;
“Application” means an application to the Commission for the grant of a Licence;
“Authorisation Regulations” mean European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 (S.I. 306 of 2003);
“Authorised Officer” means a person appointed under Regulation 9 of these Regulations to be an authorised officer;
“Fixed Wireless Point to Multi-point Access”, or “FWPMA”, means Radio Point to Multi-point Systems operating between terminal equipment at fixed locations and base station(s) at fixed locations, and where such base station(s may be connected to a Telecommunications Network;
“FWPMA Network” means a network for the provision of FWPMA;
“Licence” means a licence under section 5 of the Act of 1926 to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;
“Licensee” means the holder of a Licence;
“Principal Regulations” means Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence) Regulations (S.I. 287 of 1999);
“Radio Point to Multi-point Systems” means radio systems operating at frequencies above 1 Gigahertz, in bands designated by the Commission for FWPMA, utilising techniques which allow the spectrum to be shared between multiple users, to provide communications between a fixed location and a number of fixed locations. Radio Point to Multi-point Systems do not include Point to Point Systems as defined in the Wireless Telegraphy (Radio Link Licence) Regulations, 1992 ( S.I. No. 319 of 1992 ) and
“Telecommunications Network” means the transmission equipment and where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means.
(2) In these Regulations, a reference to an enactment or regulation shall be construed as a reference to the enactment or regulation as amended or extended by or under any subsequent enactment or regulation.
(3) The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.
Licences to which these Regulations apply
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paragraphs: These Regulations apply to a Licence to keep, have possession of, install, maintain work and use Apparatus for FWPMA.
Application for Licences and Form of Applications and Licences
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paragraphs: (1) An Application for a Licence shall be made to the Commission and shall be in writing in such form as may be determined by the Commission.
(2) A person who makes an Application under paragraph (1) of this Regulation shall furnish to the Commission such information as the Commission may reasonably require for the purpose of its functions under these Regulations and, if the person, without reasonable cause, fails to comply with this paragraph, the Commission may, refuse to grant a Licence to the person.