Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations, 1999.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Wireless Telegraphy (UHF Television Programme Retransmission) Regulations, 1999.
Interpretation
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paragraphs: (1) In these Regulations—
“authorised officer” means a person appointed by the Director in writing to be an authorised officer for the purpose of these Regulations;
“the Director” means the Director of Telecommunications Regulation appointed under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);
“DTT” means Digital Terrestrial Television;
“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);
“gross revenue” in respect of any quarter means the aggregate of all payments (excluding value-added tax, and charges for installing or providing apparatus for receiving the services retransmitted by the licensee under the licence) paid or payable to the licensee, or to any other person for the benefit of the licensee, for the retransmission in that quarter by the licensee of licensed programme services;
“insolvency related event” in respect of the licensee means any of the following:
(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 encumbrancer 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 under which the licensee is incorporated;
“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;
“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 co-ordinated 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 television programme service that originates in the State, other than a programme service to which paragraph (a) or (b) relates, authorised, for the time being, by law;
“licensee” means the holder of a licence;
“non-reserved spectrum” means those frequency channels that are not part of the reserved spectrum;
“quarter” means a period of 3 months beginning on the date of commencement of the licence and each subsequent period of 3 months beginning immediately after the end of the previous period of 3 months occurring during the licence term;
“reserved spectrum” means those frequency channels which are currently used to broadcast national analogue services and reserved for DTT and/or the further rollout of national analogue services at particular locations and with particular characteristics as specified in a document published periodically by the Director;
“retransmission” means the reception by means of wireless telegraphy of a licensed programme service and the subsequent transmission in the UHF broadcasting band (470.0 — 862.0 MHz) of that programme service, and cognate words shall be construed accordingly;
“retransmission station” means apparatus for wireless telegraphy (and any other apparatus associated therewith) that is used for retransmission and is situate at any one location, as particularised in Part I of the licence;
“UHF” means Ultra High Frequency.
(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;