Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations, 2003.
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 2002” means the Communications Regulation Act, 2002 (No. 20 of 2002);
“Authorisation Regulations” means the European Communities (Electronic Communications Networks and Services)(Authorisation Regulations 2003, ( S.I. No. 306 of 2003 );
“Authorised Officer” means a person appointed under Regulation 14 of these Regulations to be an authorised officer;
“Digital Roll-Out Plan” means the digital roll-out plan specified in Part 5 of the licence;
“Commission” means the Commission for Communications Regulation established under the Act of 2002;
“Distribute” means receive or originate a programme service and convey it over the system, and cognate words shall be construed accordingly;
“Feeder” means a transmission path forming part of a programme services distribution system, which path may consist of a metallic cable, optic fibre or any combination thereof;
“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 or
(c) strikes or other industrial action (unless the action affects only the licensee);
“Framework Regulations” means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 ( S.I. No. 307 of 2003 );
“Headend” means equipment which is connected to receiving antennas or other signal sources and also connected to the remainder of the system to process the signal to be distributed;
“Licence” means a licence under section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;
“Licence Term” means, in relation to a licence, the period during which the licence continues in force;
“Licensed Area” means the area in the State in which the licence authorises the licensee to distribute licensed programme services;
“Licensed Programme Service” means any of the following programme services:
(a) television broadcasts (within the meaning of the Wireless Telegraphy (Television Programme Retransmission and Relay) Regulations, 1991 ( S.I. No. 252 of 1991 )) that originate in another Member State of the European Communities and that fall within the fields coordinated by Council Directive 89/552/EEC1 of 3 October 1989 as amended by Council Directive 97/36/EEC2 of 30 June 1997;
(b) a television programme service (within the meaning of the Regulations referred to in paragraph (a)) that originates in a State (other than a Member State of the European Communities) being a party to the European Convention on Transfrontier Television done at Strasbourg on the 5th day of May, 1989 and that complies with the terms of the Convention;
(c) a programme service that originates in the State authorised for the time being by law;
“Licensee” means a holder of a licence;
“Multipoint Microwave Distribution System” means a system of wireless telegraphy apparatus used for the retransmission of programme services on a point to multipoint basis at frequencies of 1 gigahertz or above;
“Programme Service” means a service which consists of sound or visual programme material of any description, or a compilation of both, intended for general or approved reception, whether encoded or not;
“Protected Area” means an area defined in Part 11 of the licence;
“Receiver Lead” means a lead which connects the system outlet to the subscriber's equipment;
“Sound Programme” means a programme intended for general or approved reception in sound only;
“Subscriber's Feeder” means as regards a multipoint microwave distribution system, a feeder connecting a subscriber's antenna and downconvertor to a system outlet or, where the latter is not used directly to the subscriber's equipment.
“System”, in relation to a licence, means a system of wireless telegraphy apparatus used by the licensee for the distribution of licensed programme services, starting at the headend and ending either at the system outlets or, in cases where the licensee provides subscribers with a device incorporating specialised decoding means at the output port of such device, and including all other apparatus directly or indirectly connected between those points, as more specifically described in Part 2 of the licence;
“System Outlet”, in relation to a licence, means apparatus for connecting a subscriber's feeder to a receiver lead;
(2) In these Regulations,