Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Wireless Telegraphy (Broadband Wireless Access Local Area Licence) Regulations 2013.
(2) These Regulations shall cease to have effect on 31 July 2017.
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paragraphs: (1) In these Regulations, unless the context otherwise requires:
(a) becoming insolvent or holding a meeting with or making a composition or arrangement with creditors or putting a proposal to creditors for a voluntary arrangement for a composition of debts or a scheme of arrangement or taking any preparatory steps in relation to any of the foregoing,
(b) having a receiver or similar official or other encumbrance take possession of or be appointed over or having any distress, execution or other process levied or enforced on the whole or any substantial part of the assets of the licensee (and not discharged within 7 days),
(c) ceasing or threatening to cease to carry on business or becoming unable or being deemed to be unable to pay debts within the meaning of section 214 of the Companies Act 1963 (No. 33 of 1963),
(d) having a petition presented or making any other form of application for bankruptcy or winding-up of the licensee or the appointment of an examiner or similar official to the licensee or any preparatory steps being taken in relation to any of them or convening a meeting or taking any preparatory or other steps to convene a meeting for the winding up, bankruptcy or dissolution of the licensee (other than for the purposes of a solvent amalgamation or reconstruction), and
(e) having any event analogous to any event referred to in paragraphs (a) to (d) occur under the laws of the jurisdiction under which the licensee is incorporated;
(2) In these Regulations, a reference to an enactment or Regulations shall be construed as a reference to the enactment or Regulations as amended or extended by or under any subsequent enactment or Regulations, including these Regulations.
(3) A word or expression that is used in these Regulations and that is also used in the Act of 1926 has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Act.
(4) A word or expression that is used in these Regulations and that is also used in the Act of 2002 has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Act.
(5) A word or expression that is used in these Regulations and that is also used in the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 ( S.I. No. 333 of 2011 ) has, unless the context otherwise requires, the same meaning in these Regulations as it has in those Regulations.
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paragraphs: These Regulations apply to licences granted under section 5 of the Act of 1926 to keep, have possession of, install, maintain, work and use Broadband Wireless Access apparatus in accordance with the terms and conditions, as set out in Regulation 11, to be observed by the holders of such licences subject to which such licences are deemed to be granted.
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paragraphs: (1) A licence does not grant to the licensee any right, interest or entitlement other than the right to keep and have possession of Broadband Wireless Access apparatus.
(2) Nothing in these Regulations shall absolve a licensee from any requirement in law to obtain any approvals, consents, licences, permissions or authorities that may be necessary for the discharge of the obligations or the exercise of entitlements under the licence.
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paragraphs: (1) Any application for a licence to which these Regulations apply shall be in such form as may, from time to time, be specified by the Commission and shall include the name, address, and contact details of the applicant and a description of the Broadband Wireless Access apparatus in respect of which the licence is sought.
(2) In addition to any information provided under paragraph (1), an applicant for a licence shall, if so requested by the Commission, furnish such additional information as the Commission may reasonably require for the purposes of assessing the application and the Commission may refuse to grant a licence to an applicant who fails or refuses to comply with a request made under this paragraph.
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paragraphs: (1) Where a licensee is ordinarily resident in the European Union, the licensee shall, on the grant of his, her or its licence, furnish in writing to the Commission the address and, where appropriate, fax number or e-mail address, or both, within the European Union to which notices and other documents under these Regulations may be delivered to the licensee or sent by or on behalf of the Commission and shall, as occasion requires, so furnish any change in such address, fax number or e-mail address.
(2) Where a licensee is ordinarily resident outside the European Union, the licensee shall, on the grant of his, her or its licence, furnish in writing to the Commission an address in the State to which notices and other documents under these Regulations may be delivered to the licensee or sent by or on behalf of the Commission and shall, as occasion requires, so furnish any change in such address.
(3) For the purposes of these Regulations, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office and every other body corporate and every incorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(4) A notice or document delivered, or sent by post or electronic communication (within the meaning assigned by section 2 of the Electronic Commerce Act 2000 (No. 27 of 2000)) or sent by facsimile to any address, fax number or e-mail address furnished in accordance with paragraph (1) or (2) shall be deemed for the purposes of these Regulations to have been duly served by the Commission.
(5) Where the service of any notice or document is effected by fax or e-mail in accordance with paragraph (1), the service of such document shall, unless the contrary is proved, be deemed to have been effected at the time as which the sender’s fax or e-mail system generates the message confirming successful transmission of the total number of pages of the notice or document.
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paragraphs: A licence to which these Regulations apply shall be in the form specified in Schedule 1, with such variation, if any, whether by addition, deletion or alteration, as the Commission may determine from time to time or in any particular case.
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paragraphs: Subject to these Regulations, every licence shall, unless previously surrendered by the licensee or unless or until it is revoked or renewed by the Commission and subject to any suspension thereof, continue in force for a period of one year.
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paragraphs: (1) Subject to paragraph (5) each licence, upon reaching its annual date of expiration, may be renewed by the Commission upon payment of the prescribed fees, unless the licence has previously been surrendered by the licensee or revoked or suspended by the Commission and subject to any subsequent surrender, revocation or suspension thereof, every licence shall continue in force for a further period of up to one year beginning on the date of renewal of the licence.
(2) Any application for renewal of a licence shall be made at least 28 days before the date of expiration of the licence and shall be accompanied by—