Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations, 2003.
Interpretation
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paragraphs: (1) In these Regulations, unless the context otherwise requires:
“the Act of 1926” means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);
“the Act of 1972” means the Wireless Telegraphy Act, 1972 (No. 5 of 1972);
“the Act of 1983” means the Postal and Telecommunications Services Act 1983 (No. 24 of 1983);
“the Act of 2002” means the Communications Regulation Act 2002 . (No. 20 of 2002);
“FWA” or “Fixed Wireless Access” means radio access for the provision of telecommunications services between a single base station at a fixed location and multiple subscriber terminal stations at fixed locations where the base station is connected to a telecommunications network;
“FWA apparatus” means apparatus for wireless telegraphy used for FWA consisting of a base station apparatus for wireless telegraphy at a specified fixed location and apparatus for wireless telegraphy at fixed locations to which subscriber terminal equipment at fixed locations is connected and which operates in the frequency bands designated by the Commission for the purpose of FWA and in relation to a licence, means apparatus to which the licence relates;
“FWA apparatus record” means a record maintained by a licensee pursuant to Regulation 12(1) (b) specifying the premises at which each part of an FWA apparatus is located;
“application” means an application to the Commission for the grant of a licence to which these Regulations apply;
“authorised officer” means a person appointed by the Commission in writing to be an authorised officer for the purposes of these Regulations;
“the Commission” means the Commission for Communications Regulation;
“functions” includes powers and duties and references to the performance of functions includes, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;
“harmful interference” means interference with the working of or interference which otherwise injuriously affects any apparatus for wireless telegraphy in respect of which a licence has been granted under the 1926 Act and is in force or any apparatus for wireless telegraphy lawfully maintained or worked without any such licence or any broadcasting station maintained under Part II of the 1926 Act or under the Broadcasting Authority Act, 1960 ;
“insolvency related event” in respect of a 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 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;
“licence” means a licence for Fixed Wireless Access apparatus as defined in the Regulations granted under section 5 of the Act of 1926, and cognate words shall be construed accordingly;
“licensee” means the holder of a licence for the time being in force;
“Licensing Regulations” means the European Communities (Telecommunications Licences) Regulations, 1998 ( S.I. No. 96 of 1998 ) as amended;
“minimum loading criteria” means criteria set down by the Commission to define the minimum usage of the frequency channel used by the FWA apparatus.
“telecommunications licence” means a licence under section 111 of the Act of 1983;
“terminal equipment” means a product enabling communication or a relevant component thereof which is intended to be connected directly or indirectly by any means whatsoever to interfaces of public telecommunications networks (that is to say, telecommunications networks used wholly or partly for the provision of publicly available telecommunications services);
(2) In these Regulations —