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S.I. No. 8/1982 - Wireless Telegraphy (Personal Radio Licence) Regulations, 1982

Type Statutory Instrument

Publication 1982-01-19

State In force

Text As published

Source Irish Statute Book

articles 17

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

Reform history JSON API

S.I. No. 8 of 1982.

WIRELESS TELEGRAPHY (PERSONAL RADIO LICENCE) REGULATIONS, 1982.

I, PATRICK M. COONEY, Minister for Posts and Telegraphs in exercise of the powers conferred on me by section 6 (1) of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and with the consent of the Minister for Finance, hereby make the following regulations:—

1.

These Regulations may be cited as the Wireless Telegraphy (Personal Radio Licence) Regulations, 1982.

2.

These Regulations shall come into operation on the 25th day of January, 1982.

3.

The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4.

(1) In these Regulations—

"the Act" means the Wireless Telegraphy Act, 1926 (No. 45 of 1926), as amended by the Wireless Telegraphy Act, 1956 (No. 4 of 1956), the Broadcasting Authority Act, 1960 (No. 10 of 1960), the Broadcasting Authority (Amendment) Act, 1966 (No. 7 of 1966), the Wireless Telegraphy Act, 1972 (No. 5 of 1972), and the Broadcasting Authority (Amendment) Act, 1976 (No. 37 of 1976);

"authorised officer" means an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of these Regulations;

"the Minister" means the Minister for Posts and Telegraphs.

"personal radio licence" has the meaning assigned to it by Regulation.

"wireless telegraphy" and "apparatus for wireless telegraphy"have the meaning assigned to them, respectively, by the Act.

(2) For the purposes of these Regulations, a personal radio licence shall be deemed to be granted by way of renewal of a previous personal radio licence where it is both—

( a ) granted to the person to whom the previous personal radio licence was granted, and

( b ) granted within one fortnight before, or within three months after, the expiration of the previous personal radio licence.

5.

(1) Subject to paragraph (3) of this Regulation, these Regulations apply to apparatus for wireless telegraphy which is capable of operating in the frequency range 26.96 MHz to 27.41 MHz solely for the purposes of transmitting and receiving spoken messages using the facility described as personal radio.

(2) These Regulations apply to licences granted under section 5 of the Act in relation to apparatus for wireless telegraphy to which these Regulations apply.

(3) These Regulations shall, on the 31st day of December 1982, cease to apply to apparatus for wireless telegraphy which is capable of transmitting an amplitude modulated carrier.

6.

Any person who proposes to keep or have possession of apparatus for wireless telegraphy to which these Regulations apply may apply to the Minister for a licence (in these Regulations referred to as a "personal radio licence") in that behalf.

7.

(1) Every licence to which these Regulations apply shall, whether granted by way of renewal or otherwise, be deemed to be granted subject to the conditions specified in paragraph (2) of this Regulation.

(2) The conditions referred to in paragraph (1) of this Regulation are:

( a ) a condition that, subject to Regulation 14 (2) of these Regulations, wireless telegraphy apparatus to which the licence relates shall only be used at the address specified in the licence, or in a vehicle which is normally kept at such address, or in a vessel,

( b ) a condition that the maximum transmitter output power of such apparatus shall not exceed four watts,

( c ) a condition that the holder of the licence shall produce the licence to and permit it to be read by an authorised officer or a member of the Garda Síochána on a request being made by him in that behalf at any reasonable time.

( d ) a condition that such holder shall not communicate with a person who is outside the State by means of the apparatus for wireless telegraphy to which the licence relates,

( e ) a condition that such holder shall not use such apparatus on board any aircraft and shall neither communicate nor attempt to communicate by means of such apparatus with any person on board an aircraft;

( f ) a condition that such holder shall not make known or allow to be made known the contents, origin, destination or existence of any message which he received by means of such apparatus, and which he was not entitled to receive, to any person and shall not record by any means, produce in writing, copy by any means of reproduction, or make any use of such message or allow the same to be recorded by any means, produced in writing, copied by any means of reproduction or made use of,

( g ) a condition that on being requested by any authorised officer or by any member of the Garda Síochána to do so, such holder shall permit the officer or member to enter at all reasonable hours the premises, vehicle or ship in which the apparatus to which the licence relates happens to be and to inspect all apparatus for wireless telegraphy in such premises, vehicle or ship,

( h ) a condition that whenever such holder changes permanently the address specified in relation to him in the licence, he shall forthwith give notice of the change (together with full particulars of his new address) to the Secretary, Department of Posts and Telegraphs, Dublin,

( i ) a condition that, in case a request has been made under Regulation 12 of these Regulations in relation to the licence, the Minister may amend the licence in such manner as appears to him to be proper in the circumstances, and

( j ) a condition that if at any time while the licence is in force or within three months after the licence ceases to be in force, such holder takes possession of apparatus for wireless telegraphy to which these Regulations apply and which is intended to be located permanently in any premises, he shall forthwith notify particulars of the apparatus and premises to the said Secretary.

8.

(1) Every licence to which these Regulations apply and which relates to apparatus for wireless telegraphy, other than an apparatus for wireless telegraphy described in Regulation 5 (3) of these Regulations, shall, whether granted by way of renewal or otherwise, be deemed to be granted subject to a condition that apparatus to which the licence relates shall comply with any condition relating to the specification (including standard of performance), design, compatibility, construction, functioning and maintenance of wireless telegraphy apparatus to which these Regulations apply, or any class or description of such apparatus, which at the time the licence is granted both stands specified for the purposes of this Regulation by the Minister and has prior to such grant been published by the Stationery Office.

(2) Where the Minister grants a licence in respect of an apparatus for wireless telegraphy described in Regulation 5 (3) of these Regulations, he shall when granting the licence endorse the licence as follows:

"This licence is granted in relation to apparatus capable of transmitting an amplitude modulated carrier".

9.

Subject to the conditions specified in Regulation 7 (2) (i) of these Regulations, every personal radio licence shall be in the form set out in the Schedule to these Regulations or in a form to the like effect.

10.

(1) Subject to paragraph (2) of this Regulation, a fee of £20 shall be paid in respect of the grant of a personal radio licence.

(2) In case a personal radio licence which is endorsed under Regulation 8 (2) of these Regulations is granted, on or after the 1st day of February 1982 the fee to be paid on the grant thereof shall be £1.67p for each completed month and the part (if any) of a month between the date on which it is granted and the 31st day of December, 1982 both dates inclusive.

(3) All fees payable under these Regulations shall be paid to the Secretary, Department of Posts and Telegraphs, Dublin.

11.

(1) Every personal radio licence (not being a licence granted by way of renewal) shall come into force on the day on which it is granted and shall, unless sooner revoked by the Minister under these Regulations, continue in force until—

( a ) in case it is a personal radio licence described in Regulation 10 (2) of these Regulations, the 31st December 1982, and

( b ) in any other case, the end of the eleventh month after the month in which it is granted.

(2) Every personal radio licence granted by way of renewal of a previous personal radio licence shall come into force at whichever of the following times is the later, that is to say, the expiration of the previous personal radio licence or the grant of the renewal licence, and shall in every case, unless sooner revoked by the Minister under these Regulations, continue in force until the end of one year from the expiration of the previous personal radio licence.

12.

On being requested in writing by an authorised officer to do so, the holder of a personal radio licence shall forward the licence to such officer.

13.

If the Minister—

( a ) is satisfied that the use of any wireless telegraphy apparatus to which these Regulations apply is causing or is likely to cause interference with—

(i) any wireless telegraphy apparatus used for the purpose of any safety of life service or for any purpose on which the safety of any person, or any vessel, aircraft or vehicle may depend,

(ii) any wireless telegraphy apparatus used by members of the Defence Forces or the Garda Síochána, or

(iii) any wireless telegraphy apparatus used pursuant to a licence or authority granted or given by the Minister under the Act, and

( b ) gives notice in writing to the holder of the relevant personal radio licence at his last known address requiring the use of that apparatus to cease either forthwith or on or before a date and time stated in the notice,

the use thereof shall cease accordingly and shall not be resumed until such notice has been withdrawn by the Minister.

14.

(1) A personal radio licence shall not be regarded as authorising the use of any apparatus for the transmission of music or advertisements of any description.

(2) A personal radio licence shall apply only to apparatus for wireless telegraphy to which these Regulations apply which is ordinarily kept at the address specified in the licence, or in a vehicle which is ordinarily kept at that address, or in a ship which is in the possession of the licensee but notwithstanding the foregoing the licence shall—

( a ) extend and apply to that apparatus while temporarily in another place or vehicle if used in that place or vehicle by the holder of the licence, and

( b ) extend and apply to such apparatus while temporarily in another ship if used in that other ship by the holder of the licence.

15.

(1) Whenever the Minister is satisfied that the holder of a personal radio licence has failed to observe any of the conditions subject to which the licence was, by virtue of Regulation 7 of these Regulations, deemed to have been granted or has done, in respect of apparatus kept under the licence, any act (whether of commission or omission) which is a contravention of the Act or of the Regulations, the Minister may suspend or revoke the licence in whole or in part by notice in writing sent to the holder of the licence at the address specified in relation to such holder of the licence.

(2) In addition to the power of revocation conferred by paragraph (1) of this Regulation, the Minister may, at any time by notice published in "Iris Oifigiúil", revoke in whole or in part all personal radio licences for the time being in force or all such personal radio licences relating to places, vehicles, and ships within a specified district or area.

16.

The suspension or revocation of the licence under these Regulations or the giving of a notice under Regulation 13 of these Regulations shall not operate to entitle the licensee to a refund of any fee paid by him in relation to the licence or any part of such fee.

17.

Nothing in these Regulations shall be regarded as entitling or authorising the holder of a personal radio licence to send or receive messages or communications in a manner which would infringe the Minister's privileges under the Telegraph Acts, 1863 to 1953.

SCHEDULE

(Front of licence)

Fee £

WIRELESS TELEGRAPHY ACT, 1926

PERSONAL RADIO LICENCE

The licensee named herein is hereby authorised, subject to the Wireless Telegraphy Acts, 1926 to 1972, and the Wireless Telegraphy (Personal Radio Licence) Regulations, 1982 (including in particular the conditions specified in Regulation 7 (2) and 8 (1) thereof, to keep and have possession of apparatus which is apparatus for wireless telegraphy to which the said Regulations apply at the address and during the period specified herein or in any vehicle normally kept at the said address or in any ship in the possession of the licensee.

Name of Licensee:

Address of Licensee:


The period referred to above is the period beginning on the ............................................. day	The period referred to above is the period beginning on the ............................................. day
of ..........................., 19 ..........	and ending on the .............................. day
of .........................., 19..........,

Issued on behalf of the Minister for Posts and Telegraphs.

............................................................ .

(Back of licence)

Notes

This licence is granted subject to the provisions of the Wireless Telegraphy (Personal Radio Licence) Regulations, 1982. The licensee is obliged to make himself aware of the conditions referred to overleaf.

Copies of the said Regulations may be purchased from the Government Publications Sales Office, G.P.O Arcade, Dublin 1, or through any Bookseller.

In particular—

(i) the maximum transmitter output power of the apparatus for wireless telegraphy described overleaf shall not exceed 4 watts,

(ii) this licence does not authorise—

( a ) communication with a person who is outside the State by means of the said apparatus,

( b ) use of the said apparatus on board any aircraft or use of the said apparatus to communicate with any person on board an aircraft,

(iii) the licence must be available for inspection at all reasonable times by an officer of the Minister for Posts and Telegraphs authorised for the purposes of the said Regulations or by a member of the Garda Síochána,

(iv) particulars of any permanent change by the licensee in the address specified overleaf in relation to him must be notified forthwith to the Secretary, Department of Posts and Telegraphs, Dublin,

(v) on being requested by such an officer or by any member of the Garda Síochána to do so, the licensee shall permit the officer or member to enter at all reasonable hours the premises, vehicle or ship in which the said apparatus happens to be and there to inspect all apparatus for wireless telegraphy then in such premises, vehicle or ship.

This licence does not authorise any infringement of copyright.

GIVEN under my Official Seal, this 19th day of January, 1982.

PATRICK COONEY.

The Minister for Finance hereby consents to the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance, this 19th day of January, 1982.

JOHN BRUTON.

EXPLANATORY NOTE.

These Regulations provide for the issue of licences for the use of apparatus for wireless telegraphy for the purpose of transmitting and receiving spoken messages using the facility described as personal radio.

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