Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Wireless Telegraphy (Third Party Trial Licence) Regulations, 2005.
(2) These Regulations will come into force on 1 March 2005.
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 the 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 specified frequency bands for the purpose of the provision of a Third Party Trial Licence service;
“Authorisation Regulations” means the European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations, 2003 (S.I. 306 of 2003);
“Authorised Officer” means a person appointed under Regulation 7 of these Regulations to be an authorised officer;
“Authorised Undertaking” means an undertaking deemed authorised under Regulation 4 of S.I. 306 of 2003;
“Commission” means the Commission for Communications Regulation established under the act of 2002;
“Framework Regulations” means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations, 2003 (S.I. 307 of 2003);
“Force majeure event” means any of the following:
(a) fire, flood, earthquake, elements of nature or act of god;
(b) riot, civil disorder or act of war; and
(c) strikes or other industrial action (unless the action affects only the licensee);
“Licence” means a Licence under section 5 of the Act of 1926, to keep, have possession of, install, maintain, work and use Apparatus in a specified place in the State granted to the Authorised Undertaking;
“Licensee” means the holder of a Licence;
“Restricted Remuneration” means the amount which may be charged by the licensee to Third Party Participants for the provision of the Third Party Trial. The amount charged shall not be greater than the average cost of providing the Third Party Trial to Third Party Participants;
“Third Party Participants” means persons other than the licensee, its employees servants or agents who participate in the Third Party Trial;
“Third Party Trial” means the provision of an electronic communications network or an electronic communications service, usually for restricted remuneration to a limited number of Third Party Participants, as specified in the licence, for the purpose of testing applications and apparatus.
(2) In these Regulations, a reference to an enactment or regulation may 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 Acts, 1937 to 1997, apply to these Regulations.
Application for Licences and Form of Applications and Licences
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paragraphs: (1) An Application for a Licence will 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.
(3) The Commission may grant a Licence in accordance with the provisions of Regulation 9 of the Authorisation Regulations.