Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations, 1999
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Wireless Telegraphy (Fixed Wireless Point to Multi-point Access Licence) Regulations, 1999.
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 Acts” means the Telegraph Act, 1869 and Wireless Telegraphy Acts, 1926 to 1988;
“Apparatus” means apparatus for wireless telegraphy operating in the frequency bands designated by the Director for FWPMA using Radio Point to Multi-point Systems for the provision of a telecommunications access network and associated services and, in relation to a Licence, means apparatus to which the Licence relates;
“Apparatus Record” means a list maintained by the Licensee specifying the premises at which each part of the apparatus is installed and used;
“Application” means an application to the Director for the grant of a Licence;
“Authorised Officer” means a person appointed under Regulation 9 of these Regulations to be an authorised officer;
“the Director” means the Director of Telecommunications Regulation;
“Fixed Wireless Point to Multi-point Access”, or “FWPMA”, means Radio Point to Multi-point Systems operating between terminal equipment at fixed locations and base station(s) at fixed locations, and where such base station(s) may be connected to a Telecommunications Network;
“FWPMA Network” means a network for the provision of FWPMA;
“Licence” means a licence under section 5 of the Act of 1926 to which Regulation 3 of these Regulations applies and cognate words shall be construed accordingly;
“Licensed Services” means the telecommunications services authorised by a Telecommunications Licence;
“Licensee” means the holder of a Licence;
“Licensing Regulations” means the European Communities (Telecommunications Licenses) Regulations, 1998 ( S.I. No. 96 of 1998 );
“Radio Point to Multi-point Systems” means radio systems operating at frequencies above 1 Gigahertz, in bands designated by the Director for FWPMA, utilising techniques which allow the spectrum to be shared between multiple users, to provide communications between a fixed location and a number of fixed locations. Radio Point to Multi-point Systems do not include Point to Point Systems as defined in the Wireless Telegraphy (Radio Link Licence) Regulations, 1992 ( S.I. No. 319 of 1992 );
“Telecommunications Licence” means a licence under section 111(2) of the Act of 1983 in respect of which the Licensee has been and is designated by the Director as a person entitled to provide telecommunications services using FWPMA;
“Telecommunications Network” means the transmission equipment and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or by other electromagnetic means.
(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.
(3) The Interpretation Act, 1973 (No. 38 of 1937), applies to these Regulations.
Licences to which these Regulations apply.
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paragraphs: These Regulations apply to a licence to keep, have possession of, install, maintain, work and use Apparatus.
Application for Licences and Form of Applications and Licences.
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paragraphs: (1) An Application shall be in writing in such form as may be determined by the Director from time to time.
(2) A person who makes an Application under paragraph (1) of this Regulation shall furnish to the Director such information as the Director may reasonably require for the purpose of his or her functions under these Regulations and, if the person, without reasonable cause, fails to comply with this paragraph, the Director may, in accordance with Regulation 8(4)(c) of the Licensing Regulations, refuse to grant a Licence to the person.
(3) In accordance with the provisions of Regulation 8 of the Licensing Regulations, the Director may grant a Licence to any person, including to such person or persons as may be selected by the Director pursuant to the competition held by the Director for that purpose in 1999.