Wireless Telegraphy Act , 1926

1. Short title.

1.—This Act may be cited as the Wireless Telegraphy Act 1926.

2. Definitions.

2.—In this Act—

F2[except as provided bysection 9, "appropriate authority"—

(a) in relation to wireless telegraphy apparatus in ships and vessels associated with safety and security on board them and their operation (including the certificates of competency for the operation of apparatus for wireless telegraphy on ships and vessels), means the Minister for Transport, and

(b) in relation to any other matter, means the Commission;]

F3[the expression "the Commission" means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;]

the expression “the Minister” means the Minister for Posts and Telegraphs;

the expression F4["wireless telegraphy" means the emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, of electric, magnetic or electromagnetic energy of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus];

F4["apparatus for wireless telegraphy" means apparatus capable of emitting and receiving, or emitting only or receiving only, over paths which are not provided by any material substance constructed or arranged for that purpose, electric, magnetic or electro-magnetic energy, of a frequency not exceeding 3 million megahertz, whether or not such energy serves the conveying (whether they are actually received or not) of communications, sounds, signs, visual images or signals, or the actuation or control of machinery or apparatus, and includes any part of such apparatus, or any article capable of being used as part of such apparatus, and also includes any other apparatus which is associated with, or electrically coupled to, apparatus capable of so emitting such energy];

the word F5["broadcast" means the transmission, relaying or distributing by wireless telegraphy of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;]

the expression “broadcasting station” means a building or other place fitted and equipped for broadcasting F6[or for repeating broadcasting];

F7[…]

the expression “signalling station” means any fixed or not easily movable apparatus for signalling by means of visible signals or for signalling by means of audible signals.

F8["television set" has the meaning assigned to it by section 140 of the Broadcasting Act 2009.]

F9["daa" means daa, public limited company;]

F9["Dublin Airport" has the same meaning as it has in the State Airports Act 2004 (No. 32 of 2004);]

F9["UAS" means unmanned aircraft system;]

F9["unmanned aircraft system" means an unmanned aircraft and the equipment to control it remotely, including any electronic device;]

F9["radio frequency jammer" means a device constructed, adapted or intended to be used to prevent the reception of radio transmissions by a receiver relevant to its function;]

F10[For the purposes of this Act, any apparatus which—

(a) is electrically coupled to wirele telegraphy apparatus, and

(b) is used in receiving and conveying messages, sounds or visual images sent by wireless telegraphy, shall be regarded as being wireless telegraphy apparatus.]

2A.—(1) The Minister for Transport may make regulations or orders under this Act only after having consulted the Commission and the Minister for Communications, Marine and Natural Resources.

(2) Regulations or orders made in contravention ofsubsection (1)have no effect.]

Part I. Wireless Telegraphy and Signalling.

3. Restrictions on possession of wireless telegraphy apparatus.

3.—(1)Subject to the exceptions hereinafter mentioned, no person shall keep or have in his possession anywhere in F12[the State] or in any ship or aircraft to which this section applies any apparatus for wireless telegraphy save in so far as such keeping or possession is authorised by a licence granted under this Act and for the time being in force.

(2)No person having possession of apparatus for wireless telegraphy under a licence granted under this Act shall F13[instal, maintain, work or use] such apparatus otherwise than in accordance with the terms and conditions subject to which such licence is F13[expressly, or is by virtue of this Act deemed to have been,] granted.

F14[(3) A person who keeps, has in his or her possession, installs, maintains, works or uses any apparatus (other than a television set) in contravention of this section commits an offence and is liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €250,000.]

F15[(3A) (a) Where a person is convicted on indictment of an offence under this section, the interest of the person, whether as owner or otherwise, in the following apparatus shall stand forfeited as a statutory consequence of conviction:

(i) in case the apparatus in respect of which the offence was committed is a wired broadcast relay station, the part or parts thereof comprised in the station between the station's initial point of reception of television programmes, sound programmes or television programmes and sound programmes, as the case may be, and the point at which such programmes are fed into the station's trunk cable for conveyance by wire,

(ii) in case the apparatus in respect of which the offence was committed is not a wired broadcast relay station, the apparatus in respect of which the offence was committed.

(b) In this subsection—

"service point" means a point in a premises or part of a premises which is connected by wire to a wired broadcast relay station and to which television programmes, sound programmes or both television programmes and sound programmes are conveyed by the wire for reception on wireless telegraphy apparatus in the possession of the occupier of the premises or part;

"wired broadcast relay station" means wireless telegraphy apparatus capable of receiving television programmes, sound programmes or both television programmes and sound programmes by means of wireless telegraphy and then conveying the programmes by wire for reception on wireless telegraphy apparatus, and includes any aerials and the wires connected to any service point served by such station.]

F15[(3B) Where anything is, as a statutory consequence of conviction, forfeited under this section, the Minister may direct that such thing shall be destroyed or be sold or otherwise disposed of in such manner as he thinks fit.]

F15[(3C) Where the Minister, in pursuance ofsubsection (3B)of this section, directs a thing to be sold, the net proceeds of the sale shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.]

(4)Apparatus for wireless telegraphy affixed to a ship to which this section applies or kept in any such ship for the use or general purposes of the ship in contravention of this section shall, for the purposes of a prosecution under this section, be deemed to be kept by and in the possession of the master of such ship and also to be kept by and in the possession of the owner of such ship.

(5)Subject to the exceptions hereinafter mentioned this section applies to—

(a)every ship registered in F12[the State], and

(b)every unregistered ship or other vessel which is usually kept in or which frequents the waters (whether inland or territorial) of F12[the State], and

(c)every ship or vessel not coming within either of the foregoing paragraphs which is for the time being in the waters (whether inland or territorial) of F12[the State] and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state, and

(d)every aircraft owned by a person who, in the case of an individual, has his usual place of residence in F12[the State] or, in the case of an association, company, or other body (whether corporate or incorporate), has its principal office in F12[the State], and

(e)every aircraft not coming within the foregoing paragraph which is for the time being in or over F12[the State] or the waters thereof and in respect of which no licence then in force for the possession or working of apparatus for wireless telegraphy has been granted in any other country or state.

F16[(6) This section shall not apply to apparatus for wireless telegraphy which is—

(a) of a class or description for the time being declared by an order ofF17the appropriate authority to be a class or description of apparatus for wireless telegraphy to which this section is not to apply,

(b) kept by or in the possession of the Minister for Defence for the purposes of the Defence Forces, or

(c) in any ship of war belonging to the State or any other country or state.]

(7)For the purposes of this section the expression “unregistered ship or other vessel” means a ship or other vessel which is not registered under the laws for the time being in force in relation to the registration of ships in F12[the State] or any other country or state.

3A. F18[Regulation of local programmes for distribution on cable systems.

3A.—F19[…]]

4. Restrictions on maintenance of signalling stations.

4.—(1)No person shall maintain a signalling station which is intended to be used or is capable of being used for the purpose of communication with ships at sea save in so far as such maintenance is authorised by a licence granted under this Act and for the time being in force.

(2)No person shall work or use any such signalling station as aforesaid the maintenance of which is not authorised by a licence granted under this Act and for the time being in force nor shall any person work or use any such signalling station in any manner contrary to the licence granted under this Act in respect thereof.

(3)Every person who maintains, works, or uses any such signalling station as aforesaid in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day during which the offence continues.

(4)Nothing in this section shall apply to any signalling station maintained under Lloyd's Signal Station Act 1888 or maintained by or under the control of the Minister for Industry and Commerce or the Commissioners of Irish Lights or any person having by law authority over local lighthouses, buoys, and beacons.

5. F20[Grant of licences.

5.— (1) The appropriate authority may, subject to this Act and on payment of the prescribed fee (if any) grant to any person a licence to keep and have possession of apparatus for wireless telegraphy in any specified place in the State or to keep and have possession of apparatus for wireless telegraphy in any specified ship or other vessel or aircraft.

(2) Every licence granted under this section shall be in such form, continue in force for such period and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard to it by regulations made by the appropriate authority undersection 6.

(3) Where it appears appropriate to the appropriate authority, it may, in the interests of the efficient and orderly use of wireless telegraphy, limit the number of licences for any particular class or classes of apparatus for wireless telegraphy granted under this section.

(4) This section does not apply to television sets.

(5) For the purposes of this Act and any regulations undersection 6, a vehicle is itself deemed to be a place separate and distinct from the premises in which the vehicle is ordinarily kept, and place and specified place shall in this Act and in any such regulations be read accordingly.]

6. F21[Regulations in regard to licences.

6.— (1) The appropriate authority may make regulations prescribing in relation to all licences granted by it undersection 5or any particular class or classes of such licences all or any of the matters following that is to say—

(a) the form of such licences,

(b) the period during which such licences continue in force,

(c) the manner in which, the terms on which, and the period or periods for which such licences may be renewed,

(d) the circumstances in which or the terms under which such licences are granted,

(e) the circumstances and manner in which such licences may be suspended or revoked by that authority,

(f) the terms and conditions to be observed by the holders of such licences and subject to which such licences are deemed to be granted,

(g) the fees to be paid on the application, grant or renewal of such licences or classes of such licences, subject to such exceptions as the appropriate authority may prescribe, and the time and manner at and in which such fees are to be paid,

(h) matters which such licences do not entitle or authorise the holder to do.

(2) Regulations made under this section may authorise and provide for the granting of a licence undersection 5subject to special terms, conditions, and restrictions to any person who satisfies the appropriate authority that the person requires the licence solely for the purpose of conducting experiments in wireless telegraphy.

(3) If it appears to be expedient to the appropriate authority to do so it may by instrument in writing recognise as valid a licence issued by another country or state in respect of a class or classes of apparatus for wireless telegraphy subject to such conditions or restrictions as to the use of such apparatus as that authority sees fit.

(4) (a) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which a regulation was laid before it in accordance withparagraph (a), pass a resolution annulling the regulation.

(c) The annulment underparagraph (b)of a regulation takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under it before the passing of the resolution.]

7. F22[Obligation to furnish certain information.

7.— (1) The appropriate authority may, whenever it considers it appropriate to do so, serve on a person a special notice, accompanied by or including a form of declaration, requiring the person—

(a) to state on the form of declaration such one or more of the matters specified insubsection (2)as is specified in the notice,

(b) to complete and sign the declaration, and

(c) to give or send the completed declaration by post to a specified officer of that authority.

The special notice is required to be in writing and to be sent by registered post.

(2) The matters which a person may be required under this section to state in a declaration are—

(a) whether he or she does or does not keep or has or has not in his or her possession any apparatus for wireless telegraphy (other than television sets),

(b) if he or she keeps or has in his or her possession any such apparatus, the nature of such apparatus, the name and address of the person by whom such apparatus was sold, let, hired or otherwise supplied to him or her and the place at which he or she keeps or has the same,

(c) whether he or she has or has not a licence granted undersection 5and then in force,

(d) if he or she has such a licence, the number, date, and office of issue of such licence,

(e) any matter which the Commission may require for the purpose of an order under section 5 of the Wireless Telegraphy Act 1972, and

(f) any other matter relating to wireless telegraphy (other than television sets).

(3) Every person on whom a special notice is duly served under this section shall, within 14 days after service, duly and correctly complete in accordance with the notice and this section the form of declaration to the officer named in that behalf in the notice. If the person fails or neglects so to complete and give or send the declaration or makes in the declaration any statement which is to his or her knowledge false or misleading he or she commits an offence and is liable on summary conviction to a fine not exceeding €1,000.

(4) In a prosecution for an offence undersubsection (3)in which it is shown that a specific notice has been sent by registered post, it shall be presumed, until the contrary is shown, that the person to whom the notice was sent has not complied with the requirements of that subsection.]

8. F23[Issue of search warrants.

8.— (1) A judge of the District Court may, upon the information on oath of an officer of the appropriate authority or of a member of the Garda Síochána that there is reasonable ground for believing that apparatus for wireless telegraphy is being kept or is being worked or used at any specified place, specified vehicle or in any specified ship or other vessel in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009, issue to such officer or (with the consent of the appropriate authority) to such member of the Garda Síochána (as the case may be) a search warrant which shall be expressed and shall operate to authorise the officer of that authority or member of the Garda Síochána to whom the same is granted—

(a) to enter, within one month from the date of issue of the warrant, on production of the warrant, if so requested, and if need be by force, the place, vehicle, ship or other vessel named in the information,

(b) there to search for apparatus for wireless telegraphy and to examine all such apparatus or any such vehicle found there, and

(c) to seize and take away all or any part of such apparatus which appears to such officer or member to be kept, worked or used in contravention of the Wireless Telegraphy Acts 1926 to 2009 or any regulation made or condition imposed under those Acts or the Broadcasting (Offences) Acts 1968 to 2009.