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S.I. No. 96/1998 - European Communities (Telecommunications Licences) Regulations, 1998

Type Statutory Instrument
Publication 1998-04-08
Last updated 2003-07-21
State Repealed superseded text
Text As published
Source Irish Statute Book
articles 10

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.

5 amending acts · 2003-07-21, S.I. No. 307/2003 - European Communities (Electronic Communications Networks and Services…

Reform history JSON API

S.I. No. 96 of 1998.

EUROPEAN COMMUNITIES (TELECOMMUNICATIONS LICENCES) REGULATIONS, 1998

I, Mary O Rourke, T.D, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Directive No. 90/388/EEC^1 of the Commission of 28 June 1990, Directive No. 96/2/EC^2 of the Commission of 16 January 1996, Directive No. 96/19/EC^3 of the Commission of 13 March 1996 and Directive No. 97/13/EC^4 of the European Parliament and of the Council of 10 April 1997, hereby make the following regulations:

^1O.J. No. L. 192, 24.7.90.

^2O.J. No. L. 20, 26.6.96.

^3O.J. No. L. 74, 22.3.96.

^4O.J. No. L. 117, 7.5.97.

1 Citation.

1.

1. These Regulations may be cited as the European Communities (Telecommunications Licences) Regulations, 1998.

2 Interpretation.

2.

2. (1) In these Regulations, unless the context otherwise requires:

"Act of 1926" means the Wireless Telegraphy Act, 1926 (No. 45 of 1926);

"Act of 1983" means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);

"Act of 1996" means the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);

"Commission" means the Commission of the European Communities;

"Directive" means Directive No. 97/13/EC of the European Parliament and of the Council of 10 April 1997;

"Director" means the Director of Telecommunications Regulation;

"national numbering scheme" means the scheme administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic to specific locations;

"network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public network and which are individually identified by numbers allocated from the national numbering scheme;

"public telecommunications network" means a telecommunications network used, inter alia, for the purpose of the provision of public telecommunications services between network termination points;

"Regulations of 1997" means the European Communities (Telecommunications Infrastructure) Regulations, 1997 ( S.I. No. 338 of 1997 );

"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 other electromagnetic means;

"telecommunications services" means services whose provision consists wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;

"voice telephony" means the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another termination point.

3 Limits of applicability.

3.

3. (1) Nothing in these Regulations shall oblige the Director to grant a licence to any person for the purpose of providing a public telecommunications network or a voice telephony service before the first day of January, 2000.

4 Clarification of existing legal provisions.

4.

4. (1) The reference in section 6 (amended by the Act of 1983) of the Telegraph Act, 1869, to subsection (2) (amended by these Regulations) of section 111 of the Act of 1983 shall be construed as including a reference to subsection (3) (amended by these Regulations) of that section.

5 Amendment of Act of 1983.

5.

5. The Act of 1983 is hereby amended:

enter the premises or place and there—

paragraphs (b) to (j) shall apply.

in relation to the proposal concerned.

the licence concerned, and the Director shall comply with a direction under this paragraph and shall not implement the decision unless and until it is appropriate to do so having regard to the outcome of the appeal.

at least seven days before the date of the hearing of the appeal.

'Directive' means Directive No. 97/13/EC of the European Parliament and of the Council of 10 April 1997;

'Director' means the Director of Telecommunications Regulation;

'mobile and personal communications services' means services other than satellite services whose provision consists, wholly or partly, in the establishment of radiocommunications to a mobile user, and makes use wholly or partly of mobile and personal communications systems;

'mobile and personal communications systems' means systems consisting of the establishment and operation of a mobile network infrastructure whether connected or not to public network termination points, to support the transmission and provision of radiocommunications services to mobile users;

'national numbering scheme' means the scheme administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic to specific locations;

'national telecommunications numbering resource' means the resource administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic;

'network termination point' means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public network and which are individually identified by numbers allocated from the national numbering scheme;

'public telecommunications network' means a telecommunications network used, inter alia, for the purpose of the provision of public telecommunications services between network termination points;

'public telecommunications service' means a telecommunications service available to the public;

'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;

'telecommunications services' means services whose provision consists wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;

'users' means individuals, including consumers, or organisations, using or requesting publicly available telecommunications services;

'voice telephony' means the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another termination point.

and the section as so amended is set out in Schedule 1,

and

"FIFTH SCHEDULE

Section 111

Notice of Appeal

Section 111(10)(g) of the Postal and Telecommunications Services Act, 1983

TAKE NOTICE THAT, I of being aggrieved by the (refusal of the Director to grant a licence) (decision by the Director to revoke a licence) (decision by the Director to suspend a licence) (decision by the Director to amend a licence) (decision by the Director to impose specific measures under section 111(4)(a) of the Postal and Telecommunications Services Act, 1983 , on the holder of a licence) hereby appeal against such (refusal) (decision) to the Judge sitting at the (District) (High)* Court to be held on the day of , 19 .

*Delete where not applicable.".

Dated this day of , 19 .

Appellant

Solicitor for the Appellant

(To the District Court Clerk at)*

(To the High Court Registrar at the Central Office, Four Courts, Dublin)*

To the Director, Office of the Director of Telecommunications Regulation, Abbey Court, Irish Life Centre, Lower Abbey Street, Dublin 1.

*Delete where not applicable.".

6 Revocation.

6.

6. The statutory instruments mentioned in column (2) of Schedule 2 are hereby revoked to the extent mentioned in column (3) of that Schedule.

7 Duties of Director.

7.

7. (1) The Director shall not disclose information covered by the obligation of professional secrecy, in particular, information about undertakings, their business relations or their cost components.

including information in relation to licence fees and the conditions attached to those licences.

including information in relation to licence fees and the conditions which may be attached to those licences.

8 Issue of licences under section 5 of the Act of 1926.

8.

8. (1) In this regulation, "licence" means a licence granted by the Director under section 5 of the Act of 1926 which relates to apparatus for wireless telegraphy to be used for the purposes of providing telecommunications networks, systems or services to which section 111 (amended by these Regulations) of the Act of 1983 relates.

in relation to the proposal concerned.

the licence concerned, and the Director shall comply with a direction under this subparagraph and shall not implement the decision unless and until it is appropriate to do so having regard to the outcome of the appeal.

9 New Services.

9.

9. (1) Where an application is made to the Director for a licence under section 5 of the Act of 1926 which relates to apparatus for wireless telegraphy to be used for the purposes of providing telecommunications networks, systems or services to which section 111 (amended by these Regulations) of the Act of 1983 relates and in respect of which regulations under section 6 of the Act of 1926 have not been made, the Director shall—

10 Limitations on licence numbers.

10.

10. (1) The Director may limit the number of licences issued under subsection (2)(amended by these Regulations) of section 111 of the Act of 1983 or under section 5 of the Act of 1926 which relate to apparatus for wireless telegraphy to be used for the purposes of providing telecommunications networks, systems or services to which section 111(2) of the Act of 1983 relates, only to the extent required to ensure the efficient use of radio frequencies.

SCHEDULE 1

regulation 5

111.

(1) (a) The Minister may, with the consent of the Minister for Finance, by order provide for the grant of a licence by the Minister, subject to such terms and conditions as the Minister may think fit to impose, to any person to provide a postal service or a telecommunications service of a class or description specified in the order to which an exclusive privilege granted to either company under this Act relates -

and may, with the like consent, revoke any such order.

enter the premises or place and there —

paragraphs (b) to (j) shall apply.

in relation to the proposal concerned.

the licence concerned, and the Director shall comply with a direction under this paragraph and shall not implement the decision unless and until it is appropriate to do so having regard to the outcome of the appeal.

at least seven days before the date of the hearing of the appeal.

"Directive" means Directive No. 97/13/EC of the European Parliament and of the Council of 10 April 1997;

"Director" means the Director of Telecommunications Regulation;

"mobile and personal communications services" means services other than satellite services whose provision consists, wholly or partly, in the establishment of radiocommunications to a mobile user, and makes use wholly or partly of mobile and personal communications systems;

"mobile and personal communications systems" means systems consisting of the establishment and operation of a mobile network infrastructure whether connected or not to public network termination points, to support the transmission and provision of radiocommunications services to mobile users;

"national numbering scheme" means the scheme administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic to specific locations;

"national telecommunications numbering resource" means the resource administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic;

"network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public network and which are individually identified by numbers allocated from the national numbering scheme;

"public telecommunications network" means a telecommunications network used, inter alia, for the purpose of the provision of public telecommunications services between network termination points;

"public telecommunications service" means a telecommunications service available to the public;

"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;

"telecommunications services" means services whose provision consists wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;

"users" means individuals, including consumers, or organisations, using or requesting publicly available telecommunications services;

"voice telephony" means the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another termination point.

SCHEDULE 2

regulation 6

REGULATIONS REVOKED
Number and Year Title Extent of Revocation
(1) (2) (3)
S.I. No. 45 of 1992 European Communities (Telecommunications Services) Regulations, 1992 Regulations 7(1) and 7(2)
S.I. No. 398 of 1994 European Communities (Telecommunications Services) (Appeals) Regulations, 1994 Entire of Regulations
S.I. No. 123 of 1996 European Communities (Mobile and Personal Communications) Regulations, 1996 Regulations 4, 5 and 7
S.I. No. 284 of 1997 European Communities (Telecommunications Services Monitoring) Regulations, 1997 Regulation 5
S.I. No. 338 of 1997 European Communities (Telecommunications Infrastructure) Regulations, 1997 Regulations 4(1)(b) and 6

SCHEDULE 3

regulation 8

Notice of Appeal

Section 5 of the Wireless Telegraphy Act, 1926

TAKE NOTICE THAT, I of being aggrieved by the (refusal of the Director to grant a licence) (decision by the Director to revoke a licence) (decision by the Director to suspend a licence) (decision by the Director to amend a licence) (decision by the Director to impose specific measures under regulation 8(5)(a) of the European Communities (Telecommunications Licences Regulations, 1998, on the holder of a licence) hereby appeal against such (refusal) (decision) to the Judge sitting at the High Court to be held on the day of , 19 .

Dated this day of , 19 .

Appellant

Solicitor for the Appellant

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