S.I. No. 99/2025 - Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st April, 2025.

The Commission for Communications Regulation, in exercise of the powers conferred on it by section 6 (1) of the Wireless Telegraphy Act 1926 (No. 45 of 1926) (as substituted by section 182 of the Broadcasting Act 2009 (No. 18 of 2009) and for the purposes of giving effect to Regulation 33 of the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 ) and with the consent of the Minister for the Environment, Climate and Communications pursuant to section 37 of the Communications Regulation Act 2002 (No. 20 of 2002), hereby makes the following Regulations:

Citation

1.

Interpretation

2.

“Act of 1926” means Wireless Telegraphy Act 1926 (No. 45 of 1926);

“Act of 2002” means Communications Regulation Act 2002 (No. 20 of 2002);

“Broadcasting Service” means a service which comprises a compilation of programme material of any description and which is transmitted, relayed or distributed by means of an electronic communications network, directly or indirectly for simultaneous or near-simultaneous reception by the general public, whether that material is actually received or not, and where the programmes are provided in a pre-scheduled and linear order, but does not include:

• (a) a service provided in a non-linear manner where each user of the service chooses a programme from a catalogue of programmes, or

• (b) other audio and audiovisual services provided by way of the Internet;

“Commission” means Commission for Communications Regulation established under the Act of 2002;

“Condition” means an obligation on the part of an Undertaking arising by virtue of a proposal put forward by it being subject to a statement in writing by the Commission such as is referred to in Regulation 5(5);

“EECC Regulations” means European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );

“Electronic Communications Network” and “Electronic Communications Service” have the meanings ascribed in the EECC Regulations to “electronic communications network” and “electronic communications service” respectively;

“Individual Rights of Use” means the individual rights of use for radio spectrum to use certain radio frequencies for Electronic Communications Networks or services as specified in a Licence and subject to Licence Conditions;

“Lease” means the assignment by a Licensee (the “Lessor”) of some or all of the Individual Rights of Use for radio frequencies granted under a Licence to another party (the “Lessee”), where the Lessor remains responsible for all the Licence Conditions including the payment of fees and the Lessee is responsible for the Technical Conditions;

“Licence” means a licence granted in accordance with section 5 of the Act of 1926 to keep, have possession of, install, maintain, work and use apparatus for wireless telegraphy in any specified place in the State or in any specified ship or other vessel or aircraft;

“Licence Conditions” means all conditions and restrictions as prescribed by the Licence itself or by any regulations governing the Licence made by the Commission under section 6 of the Act of 1926;

“Licensee” means the holder of a Licence for the time being in force;

“Notification” means a notification of a proposed Transfer or Lease made to the Commission under Regulation 4(1);

“Notifying Party” means the Transferor, Transferee, Lessor, and/or Lessee as the context so requires;

“Radio Spectrum Decision” means Decision No. 676/2002/EC of the European Parliament and of the Council of 7 March 2002¹ ;

“Spectrum Transfer and Lease Procedures” means the document published by the Commission on 22/10/2024 and bearing the Commission Document number 24/86 and which outlines in detail how Undertakings must notify the Commission of their intention to Transfer or Lease, or both, Individual Rights of Use for radio frequencies, and the processes, procedures and guidelines the Commission will follow in facilitating and considering a proposed Transfer or Lease, or both, of Individual Rights of Use, as may be updated by the Commission from time to time;

“Technical Conditions” means those Licence Conditions that are of a technical nature which relate to how a Licensee must keep, have possession of, install, maintain, work and use apparatus for wireless telegraphy;

“Transfer” means the assignment by a Licensee (“the Transferor”) of some or all of the Individual Rights of Use for radio frequencies granted under a Licence to another party (“the Transferee”) where the Transferor must divest itself of all rights of use transferred; and

“Undertaking” has the meaning ascribed to it in the EECC Regulations;

• (2) In these Regulations –

• (a) a reference to a Regulation or a Schedule is to a Regulation of or Schedule to these Regulations, unless it is indicated that a reference to some other enactment is intended;

• (b) a word or expression that is used in these Regulations and that is also used in the Act of 1926 has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Act;

• (c) A word or expression that is used in these Regulations and that is also used in the Act of 2002 has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Act; and

• (d) A word or expression that is used in these Regulations and that is also used in the EECC Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in those Regulations.

Transfer or Lease, or both, of individual rights of use

3.

• (2) The Regulations listed in Regulations 9 to 29 are hereby amended solely for the purposes of:

• (a) in the case of such regulations under which Licences are granted in respect of Individual Rights of Use, permitting the Transfer or Lease of rights of use in accordance with these Regulations; and

• (b) in the case of such regulations under which no Licences are granted in respect of Individual Rights of Use, clarifying that these Regulations do not apply.

• (3) For the purposes of these Regulations, a Transfer occurs when a Transferee lawfully acquires one or more Individual Rights of Use from a Transferor. The Transferor and the Transferee must be Undertakings.

• (4) For the purposes of these Regulations, a Lease occurs when a Lessee lawfully acquires one or more Individual Rights of Use from a Lessor. The Lessor and Lessee must both be Undertakings.

• (5) A Transfer or Lease, or both, notified under Regulation 4(1) must be submitted by the Notifying Parties in accordance with the Spectrum Transfer and Lease Procedures and shall be assessed by the Commission in accordance with the Spectrum Transfer and Lease Procedures, which may be varied by the Commission from time to time.

• (6) Transferred Individual Rights of Use shall remain in effect until the date specified by the Commission in the Transferee’s Licence unless amended or withdrawn by the Commission.

• (7) Leased Individual Rights of Use shall remain in effect until the date specified by the Commission in the Lessee’s Licence unless amended or withdrawn by the Commission.

• (8) Save as otherwise provided in these Regulations, no part of these Regulations shall operate so as to amend an existing Licence Condition, or in any way enable a Licensee to avoid compliance with any Licence Condition, save where the Commission gives its prior consent in writing to any such amendment or Licence Condition not being complied with.

• (9) These Regulations shall not apply to any Transfer that forms part of a merger or acquisition which is notified or required to be notified to the Competition and Consumer Protection Commission or to the European Commission. The Commission must be informed of any such merger or acquisition at the same time it is notified to the Competition and Consumer Protection Commission or the European Commission, as appropriate.

Notification of Proposed Transfer or Lease, or both

4.

• (2) A Notification under paragraph (1) shall be invalid if any of the information or documentation required by the Commission is not provided to the Commission in full or if any statement made is found to be false or misleading in a material respect. Any determination made by the Commission on foot of an invalid Notification is void.

Examination by the Commission of a Notification

5.

• (a) publish relevant details of the Notification and invite interested parties to make written submissions within a specified timeframe; and

• (b) consider all submissions that were received in writing within the specified timeframe of paragraph 5(1)(a).

• (2) The Notifying Parties shall, if so requested by the Commission by notice in writing, furnish within a time period specified by the Commission, such additional information or documentation as the Commission may reasonably require at any stage of an assessment of a Notification. The Commission may, at its discretion, extend the time period specified pursuant to this paragraph at the request of the Notifying Parties.

• (3) Save where the Commission states otherwise in writing, where the Commission requires further information or documentation to be furnished to it pursuant to paragraph (2) the indicative time periods identified in the Spectrum Transfer and Lease Procedures will be suspended until such information has been provided to the satisfaction of the Commission.

• (4) In the course of its assessment of a Notification, the Commission may enter into discussions with the Notifying Parties with a view to identifying measures which would ameliorate any effects of the notified Transfer or Lease, or both, on competition or ability to meet Licence Conditions.

• (5) In the course of any discussions entered into pursuant to paragraph (4), any of the Notifying Parties may submit proposals to the Commission of the kind mentioned in paragraph (6) with a view to the proposals becoming binding on it or them as the case may be if the Commission takes the proposals into account and states in writing that the proposals form the basis or part of the basis of its determination in accordance with Regulation 6.

• (6) The proposals referred to in paragraph (5) are proposals with regard to the manner in which the Transfer or Lease, or both, may be put into effect or to the adoption of any other measure referred to in paragraph (4).

• (7) Where a Transfer or Lease, or both, notified in accordance with Regulation 4, a measure identified under paragraph (4), or a proposal made under paragraph (5) would involve amending a Licence Condition of an existing Licence, the Commission shall review any such proposed amendment of a Licence Condition having regard to its statutory functions, objectives and duties, the Spectrum Transfer and Lease Procedures and relevant facts including the circumstances under which the Licence was first granted and is held at that time.

Determination of issues concerned without full investigation

6.

• (a) in the case of a Transfer or Lease, that:

• (i) subject to sub-paragraph (b), it may be put into effect on the grounds that, in the opinion of the Commission, the result of the Transfer or Lease, or both, would not be likely to distort competition;

• (ii) subject to sub-paragraph (b), it may be put into effect subject to Conditions specified by the Commission being complied with on the grounds that, in the opinion of the Commission, the result of the Transfer or Lease, or both, would not be likely to distort competition if the Conditions so specified are complied with; or

• (iii) it intends to carry out a full investigation under Regulation 7 in relation to the proposed Transfer, or Lease, or both (referred to as a “full investigation”); or

• (b) in the case of a Transfer, that it may not be put into effect on the grounds that, in the opinion of the Commission, there is a clear risk that the Transferee is unable to meet the original Licence Conditions for the Individual Rights of Use.

• (2) Where the Commission makes a determination under paragraph (1), it shall publish relevant information relating to its determination in accordance with the Spectrum Transfer and Lease Procedures.

Determination of issues following a full investigation

7.

• (2) On completion of a full investigation, the Commission shall, in accordance with the Spectrum Transfer and Lease Procedures, make whichever of the following relevant determinations it considers appropriate:

• (a) in the case of a Transfer or Lease, that:

• (i) subject to sub-paragraph (b), it may be put into effect on the grounds that, in the opinion of the Commission, the result of the Transfer or Lease, or both would not be likely to distort competition;

• (ii) subject to sub-paragraph (b), it may be put into effect subject to Conditions specified by the Commission being complied with on the grounds that, in the opinion of the Commission, the result of the Transfer or Lease, or both would not be likely to distort competition if the Conditions so specified are complied with; or

• (iii) may not be put into effect on the grounds that, in the opinion of the Commission, the result of the Transfer or Lease, or both, would be likely to distort competition; or

• (b) in the case of a Transfer, that it may not be put into effect on the grounds that, in the opinion of the Commission, there is a clear risk that the Transferee is unable to meet the original Licence Conditions for the Individual Rights of Use.

• (3) Before making a determination under paragraph (2), the Commission shall have regard to any relevant international obligations of the State.

• (4) Where the Commission makes a determination under paragraph (2) it shall furnish the Notifying Parties a copy of the written determination within the time period specified by the Commission under paragraph (1) and will publish on its website the determination with due regard for commercial confidentiality, within 2 months after the making of the determination.

Limitation on Transfer or Lease, or both, being put into effect

8.

• (2) Any Transfer or Lease, or both, which purports to be put into effect where the putting into effect contravenes paragraph (1), is void.

• (3) Any Transfer or Lease, or both, which purports to be put into effect following the occurrence of the event described in paragraph (1) must be put into effect within 12 months of the day immediately following the date on which that event occurs, or it shall be void.

• (4) A Transfer or Lease, or both, which purports to be put into effect, where that putting into effect would contravene the requirements of Regulation 4 shall be void.

• (5) The Commission will not consider a Notification unless the proposed Transfer or Lease, or both, is between Undertakings.

• (6) The Commission will not consider a Notification where the intended use of the radio spectrum following the proposed Transfer or Lease, or both, would not comply with harmonised use of radio spectrum through the application of the Radio Spectrum Decision or other European Union measures.

• (7) In the event that the Commission makes a determination that a proposed Transfer or Lease notified to it pursuant to Regulation 4(1) may be put into effect, the Commission shall grant and/or amend all relevant Licences.

• (8) Compliance by the Notifying Parties with a determination made by the Commission under Regulation 6(1)(a)(i) or (ii) or Regulation 7(2) (a)(i) or (ii), including any Conditions forming the basis or part of the basis of such determination in accordance with Regulation 5(5), shall be made a Licence Condition of any Licence under which the Individual Rights of Use being transferred or leased, as the case may be, are licensed by the Commission.

Amendments to existing licensing regulations made by the Commission under section 6(1) of the 1926 Act to allow for transfers and leases in accordance with the EECC Regulations

9.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “Decision of 2014” the following definition:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );”;

• (ii) by substituting for the definition of “Lease” the following definition:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iii) by inserting after the definition of “Lease” the following definitions:

“ ‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iv) in the definition of “Transfer” by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations;”;

• (v) in the definition “Transferee” by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations;”;

• (vi) by deleting the definition of “Transfer Regulations”;

• (vii) by inserting after the definition of “Transferee” the following definition:

“ ‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);”;

• (b) in Regulation 4 -

• (i) by substituting for paragraph (4) the following paragraph:

• “(4) The Commission may grant a 3.6 GHz Band Liberalised Use Licence, a 3.6 GHz Band Spectrum Lease Licence or a 3.6 GHz Band Transition Protected Licence, as the case may be, to a transferee in accordance with the Transfer and Lease Regulations.”;

• (ii) by substituting for paragraph (5) the following paragraph:

• “(5) Application for the grant of a 3.6 GHz Band Spectrum Lease Licence shall be made by a Lessee to the Commission in writing and in such form as may be determined by the Commission from time to time. The Commission may grant a 3.6 GHz Band Spectrum Lease Licence to a Lessee following the approval of the relevant spectrum Lease by the Commission in accordance with the Transfer and Lease Regulations.”;

• (c) In Regulation 6 –

• (i) in paragraph (15) by substituting for “Licence;” the following “Licence in accordance with the Transfer and Lease Regulations;”;

• (ii) in paragraph (16) by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations;”;

• (iii) in paragraph (17) by substituting for “Licence;” the following “Licence in accordance with the Transfer and Lease Regulations;”;

• (iv) by substituting for paragraph (18) the following:

• “(18) only Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations; and”;

• (v) by deleting paragraph (19);

• (d) in Regulation 7 by inserting after paragraph (4) the following paragraph:

• “(5) A 3.6 GHz Band Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under this Regulation.”;

• (e) by inserting the following sentence at the end of Regulation 8(16):

“The fees for a 3.6 GHz Band Transition Protected Licence granted on foot of a Transfer are the outstanding fees, if any, and the fees per FWALA Service Area specified in this paragraph with respect to the rights being transferred.”;

• (f) in Schedule 2 by substituting for the sentence in Part 4 under “Licence Conditions” the following sentence:

“The Licence conditions will be specified by the Commission in accordance with the Transfer and Lease Regulations.”;

10.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “400 MHz Band Licence” the following definition:

“ ‘400 MHz Band Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in Schedule 3 granted under section 5 of the Act of 1926 to keep and have possession of Apparatus in a specified place in the State, in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;”;

• (ii) by inserting after the definition of “CSO” the following definition:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );”;

• (iii) by inserting after the definition of “Information Memorandum” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iv) by substituting for the definition of “Licence” the following definition:

“ ‘Licence’ means a non-exclusive licence granted under section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep and have possession of Apparatus in a specified place in the State, being one of:

• (a) a 400 MHz Band Licence; or

• (b) a 400 MHz Band Spectrum Lease Licence;”;

• (v) by inserting after the definition of “Third Party Radio” the following definitions:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) in Regulation 3 by substituting for “Licences.” the following “Licences and 400 MHz Band Spectrum Lease Licences.”;

• (c) by substituting for Regulation 4 the following Regulation:

“4. (1) A Winning Bidder or a Transferee may submit an application to the Commission to be granted a 400 MHz Band Licence, to include the assignment of such rights of use for radio frequencies in the 400 MHz Band as have been determined in accordance with the Information Memorandum and the outcome of the Award or in accordance with the relevant Transfer, as the case may be, and subject to payment by the Winning Bidder or Transferee of all applicable fees in respect of the relevant 400 MHz Band Licence.

• (2) An application for a 400 MHz Band Licence under paragraph (1) shall be in writing and shall be in such form as may be determined by the Commission from time to time and the Commission may grant a 400 MHz Band Licence in accordance with the relevant provisions of the EECC Regulations.

• (3) A Winning Bidder or Transferee who applies to be granted a 400 MHz Band Licence shall furnish to the Commission such information as the Commission may reasonably require for the purposes of its functions under these Regulations and the EECC Regulations and the Commission may refuse to grant a 400 MHz Band Licence to any Winning Bidder or Transferee who, without reasonable cause, fails to comply with a requirement to furnish any such information.

• (4) A 400 MHz Band Licence to which these Regulations apply shall be in the form specified in Schedule 1 to these Regulations, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case.”;

• (d) by inserting the following sentence at the end of Regulation 5:

“A 400 MHz Band Licence granted on foot of a Transfer shall expire no later than the expiry date of the Licence of the relevant Transferor.”;

• (e) in Regulation 6(1) –

• (i) by substituting for subparagraph (l) the following subparagraph:

• “(l) ensure that all Apparatus installed, maintained, possessed or kept under the Licence will only use Frequency Division Duplex technology;”;

• (ii) in subparagraph (m) by deleting “400 MHz Band”;

• (f) in Regulation 8 by inserting after paragraph (11) the following paragraph:

• “(12) The Spectrum Usage Fees for any 400 MHz Band Licence granted on foot of a Transfer are the outstanding Spectrum Usage Fees, if any, and the annually payable Spectrum Usage Fees specified in paragraphs 1 and 2 of this Regulation, with respect to the rights being transferred, except that:

  • (a) the CPI Adjustment to be used in determining the annual Spectrum Usage Fees in accordance with the Information Memorandum shall be calculated using the month of November 2019 as the common base date for the CPI; and

  • (b) the annual Spectrum Usage Fees shall be payable prior to each anniversary of 18 November 2019 following grant of the Licence.”;

• (g) by inserting after Regulation 9 the following new Regulation 10:

“Spectrum Transfers and Leases

1. (1) The Licensee shall notify the Commission of its intention to Transfer or Lease any rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

2. (2) The Licensee may only Transfer or Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

3. (3) The Commission may grant a Licence to a Transferee in accordance with the Transfer and Lease Regulations.

4. (4) Application for the grant of a 400 MHz Band Spectrum Lease Licence shall be made by a Lessee to the Commission in writing and in such form as may be determined by the Commission from time to time. The Commission may grant a 400 MHz Band Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A 400 MHz Band Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 3, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

6. (6) The commencement date and expiry date of a 400 MHz Band Spectrum Lease Licence shall be set by the Commission with reference to the commencement date and expiry date of the relevant Lease and shall be specified in the 400 MHz Band Spectrum Lease Licence. A 400 MHz Band Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

7. (7) A 400 MHz Band Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (h) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 1 of these Regulations.

11.

12.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “Fixed Radio Link Path” the following definition:

“ ‘Fixed Radio Link Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in Schedule 3;”;

• (ii) by inserting after the definition of “Initial Fee” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iii) in the definition of “Licence” by substituting for “licensee;” the following:

“licensee, being one of:

• (a) a Fixed Radio Link Licence; or

• (b) a Fixed Radio Link Spectrum Lease Licence;”;

• (iv) in the definition of “Temporary Licence” by inserting “Fixed Radio Link” after “means a”;

• (v) by inserting after the definition of “Temporary Licence” the following definitions:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) in Regulation 3 by substituting for “Fixed Radio Link Licences.” the following “Fixed Radio Link Licences and Fixed Radio Link Spectrum Lease Licences.”;

• (c) in Regulation 5 in paragraphs (4) and (5) by inserting “Fixed Radio Link” before “Licence”;

• (d) in Regulation 6 -

• (i) by substituting for paragraph (1) the following paragraph:

• “(1) A Fixed Radio Link Licence shall, unless it has been withdrawn or had its duration reduced under Regulation 8, remain in force from the date of grant for a period of not greater than one year unless renewed under these Regulations, subject to paragraph (3).”;

• (ii) by substituting for paragraph (2) the following paragraph:

• “(2) A Fixed Radio Link Licence may be renewed from time to time by the Commission under this Regulation, subject to paragraph (3).”;

• (iii) in paragraphs (4) and (5) by inserting “Fixed Radio Link” before “Licence” in each place where it occurs;

• (e) in Regulation 7 -

• (i) in paragraph (c) by substituting for “these Regulations;” the following “these Regulations, where applicable;”;

• (ii) by deleting paragraph (l);

• (f) in Regulation 9 –

• (i) in paragraph (1) by inserting “Fixed Radio Link” before “Licences”;

• (ii) in paragraph (2), by inserting “Fixed Radio Link” before “Licence”;

• (iii) in paragraphs (5) and (6) by inserting “Fixed Radio Link” before “Licence” where it first occurs in each;

• (iv) by inserting after paragraph (8) the following paragraph:

• “(9) The fees for a Fixed Radio Link Licence granted on foot of a Transfer are the outstanding fees, if any, and renewal fees specified in paragraph 1 of this Regulation with respect to the rights being transferred.”;

• (g) by inserting after Regulation 11 the following new Regulation 12:

“Spectrum Transfers and Leases

1. (1) The Licensee shall notify the Commission of its intention to Transfer or Lease any rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

2. (2) The Licensee may only Transfer or Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

3. (3) The Commission may grant a Licence to a Transferee in accordance with the Transfer and Lease Regulations.

4. (4) The Commission may grant a Fixed Radio Link Spectrum Lease Licence to a Lessee following the approval of the relevant Lease by the Commission in accordance with the Transfer and Lease Regulations.

5. (5) A Fixed Radio Link Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 3, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

6. (6) The commencement date and expiry date of a Fixed Radio Link Spectrum Lease Licence shall be set by the Commission with reference to the commencement date and expiry date of the relevant Lease and shall be specified in the Fixed Radio Link Spectrum Lease Licence. A Fixed Radio Link Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

7. (7) A Fixed Radio Link Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (h) In Schedule 1 in the title by inserting under “WIRELESS TELEGRAPHY (FIXED RADIO LINK LICENCE) REGULATIONS, 2023” the following “Fixed Radio Link Licence”;

• (i) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 2 of these Regulations.

13.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “the Commission” the following definitions:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );

‘Fixed Wireless Access Local Area Licence’ or ‘FWALA Licence’ means a non-exclusive Licence in the form set out in the First Schedule granted under section 5 of the Act of 1926 to keep and have possession of FWA apparatus in a specified place in the State in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;

‘Fixed Wireless Access Local Area Spectrum Lease Licence’ or ‘FWALA Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in the Third Schedule granted under section 5 of the Act of 1926 to keep and have possession of FWA apparatus in a specified place in the State in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;”;

• (ii) by inserting after the definition of “insolvency related event” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iii) by substituting for the definition of “Licence” the following definition:

“ ‘licence’ means a non-exclusive licence granted under section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep and have possession of FWA apparatus in a specified place in the State, being one of:

• (a) a Fixed Wireless Access Local Area Licence; or

• (b) a Fixed Wireless Access Local Area Spectrum Lease Licence;”;

• (iv) by inserting after the definition of “terminal equipment” the following definitions:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) by substituting for Regulation 3 the following Regulation:

“3. These Regulations apply to FWALA Licences and FWALA Spectrum Lease Licences.”;

• (c) by substituting for Regulation 7 the following Regulation:

“7. A FWALA Licence to which these Regulations apply shall be in the form specified in the First Schedule, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.”;

• (d) in Regulation 8, by substituting “FWALA Licence” for the first occurrence of “licence”;

• (e) in Regulation 9(1), by substituting “FWALA Licence” for “licence”;

• (f) in Regulation 10 –

• (i) by substituting “FWALA Licence” for “licence” in each place where it occurs;

• (ii) by inserting after paragraph (3) the following paragraph:

• “(4) The fees for a FWALA Licence granted on foot of a Transfer are the outstanding fees, if any, and renewal fees specified in paragraph 1 of this Regulation with respect to the rights being transferred.”;

• (g) by deleting Regulation 11(e);

• (h) by inserting after Regulation 16 the following new Regulation 17:

“Spectrum Transfers and Leases

1. (1) The licensee shall notify the Commission of its intention to Transfer or Lease any rights of use for radio frequencies attaching to its licence in accordance with the Transfer and Lease Regulations.

2. (2) The licensee may only Transfer or Lease the rights of use for radio frequencies attaching to its licence in accordance with the Transfer and Lease Regulations.

3. (3) The Commission may grant a licence to a Transferee in accordance with the Transfer and Lease Regulations.

4. (4) The Commission may grant a FWALA Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A FWALA Spectrum Lease Licence to which these Regulations apply shall be in the form specified in the Third Schedule, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

6. (6) The commencement date and expiry date of a FWALA Spectrum Lease Licence shall be set by the Commission with reference to the commencement date and expiry date of the relevant Lease and shall be specified in the FWALA Spectrum Lease Licence. A FWALA Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

7. (7) A FWALA Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (i) in the Second Schedule, by substituting “FWALA Licence” for the first and second occurrences of “licence”;

• (j) by inserting after the Second Schedule a new Third Schedule as set out in Schedule 3 of these Regulations.

14.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “Commission” the following definitions:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );

‘GSM for Railway Licence’ or ‘GSM-R Licence’ means a non-exclusive Licence in the form set out in Schedule 1 granted under section 5 of the Act of 1926 to keep and have possession of GSM-R apparatus in a specified place in the State in accordance with and subject to the terms and conditions contained in the Licence and the matters prescribed in these Regulations;

‘GSM for Railway Spectrum Lease Licence’ or ‘GSM-R Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in Schedule 3 granted under section 5 of the Act of 1926 to keep and have possession of GSM-R apparatus in a specified place in the State in accordance with and subject to the terms and conditions contained in the Licence and the matters prescribed in these Regulations;”;

• (ii) by inserting after the definition of “insolvency related event” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iii) by substituting for the definition of “licence” the following definition:

“ ‘licence’ means a non-exclusive licence granted under section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep and have possession of GSM-R apparatus in a specified place in the State, being one of:

• (a) a GSM for Railway Spectrum Licence; or

• (b) a GSM for Railway Spectrum Lease Licence;”;

• (iv) by inserting after the definition of “terminal equipment” the following definitions:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) by substituting for Regulation 3 the following Regulation:

“3. These Regulations apply to GSM-R Licences and GSM-R Spectrum Lease Licences.”;

• (c) in Regulation 7 by substituting for “licence” the following “GSM-R Licence”;

• (d) by substituting for Regulation 8 the following Regulation:

“8. All GSM-R Licences shall expire in full at midnight on the tenth anniversary of the date on which the first such licence was granted under these Regulations and no GSM-R Licence shall be renewed nor shall any GSM-R Licence remain in effect following the expiry date and all rights and entitlements under all GSM-R Licences, including all spectrum rights of use, shall cease altogether as and from the expiry date. A GSM-R Licence granted on foot of a Transfer shall expire no later than the expiry date of the Licence of the relevant Transferee.”;

• (e) in Regulation 9 –

• (i) in paragraphs (1), (2) and (3) by substituting “GSM-R Licence” for “licence” where it occurs, but not where “licence” occurs before “fee” or “fees”;

• (ii) by inserting after paragraph (5) the following paragraph:

• “(6) The fees for a GSM-R Licence granted on foot of a Transfer are the outstanding fees, if any, and annual licence fee specified in paragraph 1 of this Regulation with respect to the rights being transferred, except that the annual licence fee shall be payable prior to 27 November each year following grant of the licence.”;

• (f) by deleting Regulation 10(1)(g);

• (g) by inserting after Regulation 11 the following new Regulation 12:

“Spectrum Transfers and Leases

1. (1) The licensee shall notify the Commission of its intention to Transfer or Lease any rights of use for radio frequencies attaching to a licence in accordance with the Transfer and Lease Regulations.

2. (2) The licensee may only Transfer or Lease the rights of use for radio frequencies attaching to a licence in accordance with the Transfer and Lease Regulations.

3. (3) The Commission may grant a licence to a Transferee in accordance with the Transfer and Lease Regulations.

4. (4) The Commission may grant a GSM-R Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A GSM-R Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 3, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

6. (6) The commencement date and expiry date of a GSM-R Spectrum Lease Licence shall be set by the Commission with reference to the commencement date and expiry date of the relevant Lease and shall be specified in the GSM-R Spectrum Lease Licence. A GSM-R Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

7. (7) A GSM-R Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (h) in Schedule 1 by inserting “GSM for Railway” before “Licence granted” where it occurs;

• (i) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 4 of these Regulations.

15.

• (a) in Regulation 2(1) as amended by Regulation 4(1) of the Wireless Telegraphy (Liberalised Use Licence and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz band) (Amendment) Regulations 2024 ( S.I. No. 380 of 2024 ) –

• (i) by deleting the definitions of “Assignee” and “Assignor”;

• (ii) by inserting after the definition of “Equivalent Isotropically Radiated Power” the following definition:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );”;

• (iii) by inserting after the definition of “Information Memorandum” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iv) by inserting after the definition of “Liberalised Use Licence” the following definition:

“ ‘Liberalised Use Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in Schedule 4 granted under section 5 of the Act of 1926 to keep and have possession of Apparatus in a specified place in the State, in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;”;

• (v) by substituting for the definition of “Licence” the following definition:

“ ‘Licence’ means a non-exclusive licence granted under section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep and have possession of Apparatus in a specified place in the State, being one of:

• (a) a Liberalised Use Licence;

• (b) a Liberalised Use Spectrum Lease Licence; or

• (c) a Preparatory Licence;”;

• (vi) by substituting for the definition of “Licensee” the following definition:

“ ‘Licensee’ means the holder of a Licence;”;

• (vii) by inserting after the definition of “UMTS ” the following definition:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) by substituting for Regulation 3(1) the following Regulation:

“3(1) These Regulations apply to:

• (a) Liberalised Use Licences;

• (b) Liberalised Use Spectrum Lease Licences; and

• (c) Preparatory Licences.”;

• (c) in Regulation 4 –

• (i) in paragraph (1) by substituting for “any Licence to which these Regulations apply” the following “a Liberalised Use Licence, a Preparatory Licence, or both,”;

• (ii) by inserting after paragraph (5) the following paragraph:

• “(6) Application for the grant of a Liberalised Use Licence shall be made by a Transferee to the Commission in writing and in such form as may be determined by the Commission from time to time. The Commission may grant a Liberalised Use Licence to a Transferee in accordance with the Transfer and Lease Regulations.”;

• (d) in Regulation 6 as amended by Regulation 5 of the Wireless Telegraphy (Liberalised Use Licence and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz band) (Amendment) Regulations 2024 ( S.I. No. 380 of 2024 ) –

• (i) in paragraph (3) by deleting “Liberalised Use”;

• (ii) by substituting for paragraph (4) the following paragraph:

• “(4) ensure that where the Apparatus is worked or used, as appropriate, it is worked or used on such radio frequency spectrum as specified in the Liberalised Use Licence or Liberalised Use Spectrum Lease Licence;”;

• (iii) in paragraph 7 by substituting for “Liberalised Use Licence;” the following “Liberalised Use Licence and Parts 2 and 3 of its Liberalised Use Spectrum Lease Licence, as appropriate;”;

• (iv) in paragraph (9) by substituting for “Liberalised Use Licence” the following “Licence other than a Preparatory Licence”;

• (v) by substituting for subparagraph (12)(a) the following subparagraph:

• “(a) notify the Commission, not less than 6 months prior to the proposed cessation of use of any terrestrial system listed in Part 2 of the Liberalised Use Licence or Liberalised Use Spectrum Lease Licence as the case may be; and”;

• (vi) in paragraph (15) by substituting for “under paragraph 16;” the following “in accordance with the Transfer and Lease Regulations;”;

• (vii) by substituting for paragraph (16) the following paragraph:

• “(16) only Transfer spectrum rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations;”;

• (viii) by deleting paragraph (17);

• (ix) by substituting “Transferee” for “Assignee” in paragraph (18) in each place where it occurs;

• (x) by substituting for paragraph (19) the following:

• “(19) ensure that any Transferee or Lessee, as the case may be, enters into a valid binding agreement to comply with all obligations under both these Regulations and the Licences issued pursuant to these Regulations and to provide to the Transferor or Lessor, as the case may be, or Commission, as appropriate, such details as the Commission is entitled to require from a Licensee from time to time.”;

• (e) in Regulation 8 by inserting after paragraph (15) the following paragraph:

• “(16) The Spectrum Usage Fees for a Liberalised Use Licence granted on foot of a transfer are the Spectrum Usage Fees specified in paragraphs (4) and (5) of this Regulation.”;

• (f) in Regulation (9)(1) by substituting for “additionally in the case of a Liberalised Use Licence” the following “for Licences other than a Preparatory Licence”;

• (g) by inserting after Regulation 9 the following new Regulation 10:

“Spectrum Leases

10 (1) The Licensee shall notify the Commission of its intention to Lease any rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations;

• (2) The Licensee may only Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations;

• (3) Application for the grant of a Liberalised Use Spectrum Lease Licence shall be made by a Lessee to the Commission in writing and in such form as may be determined by the Commission from time to time. The Commission may grant a Liberalised Use Spectrum Lease Licence to a Lessee following the approval of the relevant Lease by the Commission in accordance with the Transfer and Lease Regulations.

• (4) The Commission may grant a Liberalised Use Spectrum Lease Licence to a Transferee in accordance with the Transfer and Lease Regulations.

• (5) A Liberalised Use Spectrum Lease Licence to which these regulations apply shall be in the form specified in Schedule 4, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

• (6) The commencement date and expiry date of a Liberalised Use Spectrum Lease Licence shall be set by the Commission and specified in the Liberalised Use Spectrum Lease Licence. A Liberalised Use Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

• (7) A Liberalised Use Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (h) by inserting after Schedule 3 a new Schedule 4 as set out in Schedule 5 of these Regulations.

16.

• (a) in Regulation 2(1) as amended by Regulation 4 of the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment) Regulations 2022 ( S.I. No. 483 of 2022 ) and Regulation 4 of the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment No. 2) Regulations 2023 ( S.I. No. 594 of 2023 ) –

• (i) by inserting after the definition of “Decision of 2016” the following definition:

“ ‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );”;

• (ii) by substituting for the definition of “Lease” the following definition:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iii) by inserting after the definition of “Lease” the following definitions:

“ ‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iv) in the definition of “Transfer” by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations;”;

• (v) by inserting after the definition of “Transfer” the following definition:

“ ‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);”;

• (vi) in the definition of “Transferee” by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations; and”;

• (vii) by deleting the definition of “Transfer Regulations”;

• (b) in Regulation 4 –

• (i) by substituting for paragraph 3 the following paragraph:

• “(3) The Commission may grant a MBSA2 Liberalised Use Licence, a MBSA2 Spectrum Lease Licence or a MBSA2 2.3 GHz Band Transition Licence, as the case may be, to a Transferee in accordance with the Transfer and Lease Regulations.”;

• (ii) in paragraph (4) by substituting for “sub-paragraphs (q) and (r) of Regulation 6.” the following “the Transfer and Lease Regulations.”;

• (c) by substituting for Regulation 5(1) as amended by Regulation 5 of the Wireless Telegraphy (Liberalised Use and Related Licences in the 700 MHz Duplex, 2.1 GHz, 2.3 GHz and 2.6 GHz Bands) (Amendment) Regulations 2022 ( S.I. No. 483 of 2022 ) the following Regulation:

“5(1) The commencement date of a MBSA2 Liberalised Use Licence shall be specified in the Licence and, in respect of spectrum rights of use for:

• (a) 700 MHz Duplex Blocks shall be such date as may be specified by the Commission;

• (b) 2.1 GHz Band Blocks, 2.3 GHz Band Blocks and 2.6 GHz Band Blocks in Time Slice 1 shall be such date as may be specified by the Commission;

• (c) 2.1 GHz Band Blocks, 2.3 GHz Band Blocks and 2.6 GHz Band Blocks in Time Slice 2 shall be 12 March 2027; and

• (d) 2.1 GHz Band Blocks, 2.3 GHz Band Blocks and 2.6 GHz Band Blocks in Time Slice 2 for which rights are granted on foot of a Transfer shall be 12 March 2027 or such later date as may be specified by the Commission.”;

• (d) in Regulation 6(1) –

• (i) in subparagraph (n) by substituting for “Licence;” the following “Licence in accordance with the Transfer and Lease Regulations;”;

• (ii) in subparagraph (o) by substituting for “Transfer Regulations;” the following “Transfer and Lease Regulations;”;

• (iii) in subparagraph (p) by substituting for “Licence;” the following “Licence in accordance with the Transfer and Lease Regulations;”;

• (iv) by substituting for subparagraph (q) the following subparagraph:

• “(q) only Lease spectrum rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations; and”;

• (v) by deleting subparagraph (r);

• (e) in Regulation 7 – by inserting after paragraph (4) the following paragraph:

• “(5) A MBSA2 Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under this Regulation.”;

• (f) by inserting at the end of Regulation 8(12) the following sentence:

“The fees for a MBSA2 2.3 GHz Band Transition Licence granted on foot of a Transfer are the outstanding fees, if any, and the annual fees specified this paragraph with respect to the rights being transferred.”;

• (g) in Part 4 of Schedule 2 by substituting for the sentence under the heading “Licence Conditions” the following sentence:

“The Licence conditions will be specified by the Commission in accordance with the Transfer and Lease Regulations.”;

17.

• (a) in Regulation 2(1) –

• (i) by inserting before the definition of “authorised officer” the following definition:

“ ‘Act of 2002’ means the Communications Regulation Act 2002 (No. 20 of 2002);”;

• (ii) by inserting after the definition of “base station” the following definitions:

“ ‘Commission’ means the Commission for Communications Regulation established under the Act of 2002;

‘EECC Regulations’ means the European Union (Electronic Communications Code) Regulations 2022 ( S.I. No. 444 of 2022 );”;

• (iii) by inserting after the definition of “insolvency related event” the following definitions:

“ ‘Lease’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessee’ has the meaning set out in the Transfer and Lease Regulations;

‘Lessor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (iv) by substituting for the definition of “Licence” the following definition:

“ ‘licence’ means a non-exclusive licence granted under section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep and have possession of apparatus for wireless telegraphy for a mobile radio system or mobile radio systems in a specified place in the State, being one of:

• (a) Mobile Radio Systems Licence; or

• (b) Mobile Radio Systems Spectrum Lease Licence;”;

• (v) by inserting after the definition of “mobile radio system” the following definitions:

“ ‘Mobile Radio Systems Licence’ means a Licence in the form set out in the First Schedule granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for a mobile radio system or mobile radio systems in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;

‘Mobile Radio Systems Spectrum Lease Licence’ means a Licence in the form set out in the Third Schedule granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for a mobile radio system or for mobile radio systems in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;”;

• (vi) by deleting the definition of “the Director”;

• (vii) by inserting after the definition of “the Regulations” the following definitions:

“ ‘Transfer’ has the meaning set out in the Transfer and Lease Regulations;

‘Transfer and Lease Regulations’ means the Wireless Telegraphy (Transfer and Lease of Individual Rights of Use for Radio Spectrum for the Provision of Electronic Communications Networks and Services) Regulations, 2025 (S.I. No. 99 of 2025);

‘Transferee’ has the meaning set out in the Transfer and Lease Regulations;

‘Transferor’ has the meaning set out in the Transfer and Lease Regulations;”;

• (b) in Regulations 2, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 17 and 18 by substituting for “Director” in each place where it occurs the following “Commission”, but not where “Director” occurs in “Director of Telecommunications Regulation”;

• (c) by substituting for Regulation 3 the following Regulation:

“3. These Regulations apply to Mobile Radio Systems Licences and Mobile Radio Systems Spectrum Lease Licences.”;

• (d) by substituting for Regulation 7 the following Regulation:

“7. A Mobile Radio Systems Licence shall be in the form specified in the First Schedule with such variation, if any, (whether by addition, deletion or alteration) as the Commission may determine from time to time in accordance with applicable national or EC law.”;

• (e) in Regulation 8 by inserting “Mobile Radio Systems” before “Licence” in each place where it occurs;

• (f) in Regulation 9 -

• (i) by inserting before “Licence” in each place where it occurs the following “Mobile Radio Systems”, but not before “Licence” where it occurs in “Licence fee”;

• (ii) in paragraph (1), by substituting for “her” the following “its”;

• (g) by substituting for Regulation 10 the following Regulation:

“10. Fees as set out and provided for in the Second Schedule are hereby prescribed in relation to Mobile Radio Systems Licences for the purpose of section 6 of the Act of 1926. The fees for a Mobile Radio Systems Licence granted on foot of a Transfer are the outstanding fees, if any, and renewal fees specified in this Regulation with respect to the rights being transferred.”;

• (h) in Regulation 11 by inserting before “Licence” in each place where it occurs the following “Mobile Radio Systems”;

• (i) in Regulation 12 by substituting for “Director of Telecommunications Regulation” the following “Commission”;

• (j) in Regulation 13 –

• (i) by deleting paragraph (d);

• (ii) in subparagraph (i)(i) by substituting for “his or her” the following “its”;

• (k) in Regulations 14(1)(b) and 18(1) by substituting for “she” the following “it”;

• (l) in Regulation 16 – by substituting for “he or she is” the following “they are”;

• (m) by inserting after Regulation 19 the following new Regulation 20:

“Spectrum Transfers and Leases

1. (1) The Licensee shall notify the Commission of its intention to Transfer or Lease any rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

2. (2) The Licensee may only Transfer or Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.

3. (3) The Commission may grant a Licence to a Transferee in accordance with the Transfer and Lease Regulations.

4. (4) The Commission may grant a Mobile Radio Systems Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A Mobile Radio Systems Spectrum Lease Licence to which these Regulations apply shall be in the form specified in the Third Schedule, with such variation, if any, whether by addition, deletion or alteration as the Commission may determine from time to time or in any particular case in accordance with the EECC Regulations.

6. (6) The commencement date and expiry date of a Mobile Radio Systems Spectrum Lease Licence shall be set by the Commission with reference to the commencement date and expiry date of the relevant Lease and shall be specified in the Mobile Radio Systems Spectrum Lease Licence. A Mobile Radio Systems Spectrum Lease Licence to which these Regulations apply shall in any event expire on or before the expiry date of the Licence of the relevant Lessor.

7. (7) A Mobile Radio Systems Spectrum Lease Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, including if the associated Licence of the relevant Lessor has been suspended or withdrawn under these Regulations.”;

• (n) in the First Schedule –

• (i) by substituting for “Director”, in each place where it occurs, the following “Commission”, except for in the definition of “the Director”;

• (ii) in paragraph 1 by substituting for “ Section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996)” the following “ Section 9 (1) of the Communications Regulation Act, 2002 (No. 20 of 2002)”;

• (iii) by substituting for subparagraph 7(d) the following subparagraph:

“7(d) The Licensee may only Transfer or Lease the rights of use for radio frequencies attaching to a Licence in accordance with the Transfer and Lease Regulations.”;

• (iv) in subparagraph 7(i)(i) by substituting for “his or her” the following “its”;

• (v) in subparagraph 8(b) by substituting for “she” the following “it”;

• (vi) in paragraph 10 of the First Schedule–

• (I) by inserting before the definition of “authorised officer” the following definition:

“ ‘Act of 2002’ means the Communications Regulation Act 2002 (No. 20 of 2002);”;