Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations, 2002
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Wireless Telegraphy (Third Generation and GSM Mobile Telephony Licence) Regulations, 2002.
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 1983” means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), as amended;
“Acts” means the Wireless Telegraphy Acts, 1926 to 1988;
“Apparatus” means apparatus for wireless telegraphy operating in the 1900 MHz, 2000 MHz and 2100 MHz frequency bands for the purpose of the provision of a Third Generation mobile telephony service and in the 900 MHz and 1800 MHz frequency bands for the purpose of the provision of a GSM mobile telephony service and, in relation to a Licence, means apparatus to which the Licence relates;
“Authorised Officer” means a person appointed under Regulation 7 of these Regulations to be an authorised officer;
“Director” means the Director of Telecommunications Regulation;
“EURIBOR” means the rate at which euro interbank term deposits are offered within the European Monetary Union zone by one prime bank to another, and in relation to any payment a reference to the prevailing EURIBOR means the rate prevailing at close of business on the date on which payment falls due.
“GSM and TACS Regulations” means the Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations, 1997 ( S.I. No. 468 of 1997 ), and/or Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations, 1999 ( S.I. No. 442 of 1999 );
“GSM mobile telephony service” means a service consisting of the provision of a mobile telephony service of the kind referred to in the Annex to Council Recommendation 87/371/EEC of 25 June 1987* , that is to say, a pan-European, cellular, digital, land-based mobile telephony service provided in the 900 MHz frequency band and/or a 1800 MHz cellular, land based, public mobile telephony service of the kind referred to in the European Commission Communication of 23rd November 1994, and conforming with the standard known as GSM and with the GSM Technical Specifications of the European Telecommunications Standards Institute, published by the National Standards Authority of Ireland and capable of providing international roaming capability;
“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 holder of a Licence under section 111(2) of the Act of 1983 authorising the provision of a mobile telephony service, and “A Licence” and “B Licence” have the meaning described in the tender documents published by the Director in December 2001 as documents ODTR no. 01/99 and no. 01/100;
“Licensee” means the holder of a Licence;
“Licensing Regulations” means the European Communities (Telecommunications Licences Regulations, 1998 ( S.I. No. 96 of 1998 ), as amended;
“Mobile telephony service” means a GSM mobile telephony service and/or a Third Generation mobile telephony service;
“Service” means the mobile telephony service authorised by a licence under section 111(2) of the Act of 1983 held by the Licensee;
“UMTS Decision” means Decision No. 128/1999/EC of the European Parliament and of the Council of 14th December 19981 on the co-ordinated introduction of a third generation mobile and wireless communications system in the Community; and
“Third Generation mobile telephony service” means a mobile and wireless communications system based on a standard within the IMT-2000 system capable of supporting innovative multimedia services beyond the capability of second generation systems such as GSM, and capable of supporting the characteristics referred to in Annex 1 of the UMTS Decision;
(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, 1937 (No. 38 of 1937) , applies to these Regulations.
Application for Licences and Form of Applications and Licences
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paragraphs: (1) An Application for a Licence shall be made to the Director and shall be in writing in such form as may be determined by the Director.
(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) The Director may grant a Licence in accordance with the provisions of Regulation 8 of the Licensing Regulations.