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

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

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

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

“ ‘Lease’ 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 a Mobile Radio Systems Licence as defined in the Regulations;”;

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

• (VI) 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);”;

• (o) in the Second Schedule –

• (i) by substituting for “Types of Licensed Mobile Radio Systems” the following “Mobile Radio Systems Licences”;

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

“€625 per channel (up to 2 × 12.5 kHz) per base station for first year of the Mobile Radio Systems Licence, and a renewal fee of €1,000 per channel (up to 2 × 12.5 kHz) per base station per annum thereafter.”;

• (p) by inserting after the Second Schedule a new Third Schedule as set out in Schedule 6 of these Regulations.

18.

• (a) in Regulation 2(1) –

• (i) in the definition of “Base Station” by substituting for “the Schedule” the following “Schedule 1 and Schedule 2”;

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

“ ‘CPI Adjustment’ means adjustment in accordance with any changes in the CPI that occur following the date of commencement of the first Licence granted under these Regulations in respect of the relevant rights of use for radio frequencies under the Licence, where ‘change in the consumer price index’ means the difference between the CPI number last published before the date of commencement of said first Licence and the CPI number most recently published on the anniversary of the date of commencement of the licence;”;

• (iii) by inserting after the definition of “Earth Station” the following definition:

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

• (iv) by inserting after the definition of “Harmful Interference” 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;”;

• (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 Mobile Satellite Service with Complementary Ground Component Licence; or

• (b) a Mobile Satellite Service with Complementary Ground Component Spectrum Lease Licence;”;

• (vi) by inserting after the definition of “Mobile Satellite Service” the following definitions:

“ ‘Mobile Satellite Service with Complementary Ground Component Licence’ or ‘MSS-CGC 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 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;

‘Mobile Satellite Service with Complementary Ground Component Spectrum Lease Licence’ or ‘MSS-CGC Spectrum Lease Licence’ means a non-exclusive Licence in the form set out in Schedule 2 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;”;

• (vii) by inserting after the definition of “Temporary Base Station” 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 MSS-CGC Licences and MSS-CGC Spectrum Lease Licences.”;

• (c) in Regulation 4 –

• (i) in paragraph (3) by inserting “MSS-CGC” before “Licence”;

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

“A MSS-CGC Licence 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) in Regulation 5 by inserting “MSS-CGC” before “Licence” in paragraphs (1) and (2);

• (e) in Regulation 6 by deleting paragraphs (m) and (n);

• (f) in Regulation 8 –

• (i) in paragraph (1) by substituting for “Licensee” the following “holder of a MSS-CGC Licence”;

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

• “(2) The fees specified in paragraph (1) of this Regulation shall be payable by the holder of a MSS-CGC Licence on commencement of or prior to the grant of a MSS-CGC Licence.”;

• (iii) by inserting after paragraph (6) the following paragraph:

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

• (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) The Commission may grant a MSS-CGC Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A MSS-CGC Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 2, 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 MSS-CGC 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 MSS-CGC Spectrum Lease Licence. A MSS-CGC 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 MSS-CGC 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 renaming the Schedule as “Schedule 1”;

• (i) by inserting after Schedule 1 a new Schedule 2 as set out in Schedule 7 of these Regulations.

19.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “26 GHz Band Interim Licence” the following definition:

“ ‘26 GHz 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 26 GHz Band Licence;

• (b) a 26 GHz Band Interim Licence; or

• (c) a 26 GHz Band Spectrum Lease Licence;”;

• (v) by inserting after the definition of “Time Division Duplex” the following definitions:

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

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

‘Transferor’ 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);”;

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

“3(1) These Regulations apply to 26 GHz Band Licences, 26 GHz Band Interim Licences and 26 GHz Band Spectrum Lease Licences.”;

• (c) in Regulation 4 –

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

• “(1) A Winning Bidder or a Transferee may submit an application to the Commission to be granted a 26 GHz Band Licence to include the assignment of such rights of use for radio frequencies in the 26 GHz Band as have been determined in accordance with the Information Memorandum and by 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 of all applicable fees in respect of the 26 GHz Band Licence.”;

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

• “(4) A Winning Bidder or Existing Licensee or Transferee who submits an application to be granted a 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 Licence to any Winning Bidder or Existing Licensee or Transferee who, without reasonable cause, has failed to comply with a requirement to furnish any such information.”;

• (d) at the end of Regulation 5(1) by inserting the following sentence:

“A 26 GHz 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 paragraph (l) the following paragraph:

• “(l) with specific reference to 26 GHz Band Licences and 26 GHz Band Spectrum Lease Licences, any Licensee that is granted a 26 GHz Band Licence or a 26 GHz Band Spectrum Lease Licence may use it only to install, maintain, possess, keep, work or use Point-to-Point fixed links which utilise Frequency Division Duplex technology and, for the avoidance of doubt, such Licences may not be used to install, maintain, possess, keep, work or use Point-to-Multipoint fixed links or to install, maintain, possess, keep, work or use any Apparatus that utilises Time Division Duplex technology; and”; and

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

• “(m) ensure that on each anniversary of the initial date of granting of a 26 GHz Band Licence or a 26 GHz Band Spectrum Lease Licence, the Licensee concerned shall submit up to date information to the Commission in respect of Parts 1 and 2 of its 26 GHz Band Licence or 26 GHz Band Spectrum Lease Licence, as the case may be.”;

• (f) in Regulation 8 –

• (i) in paragraph (1) by inserting after “26 GHz Band Licence” the following “granted on foot of the Award”;

and

• (ii) by inserting after paragraph (12) the following paragraph:

• “(13) The Spectrum Usage Fees for any 26 GHz 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 August 2018 as the common base date for the CPI; and

  • (b) the annual Spectrum Usage Fees shall be payable prior to each anniversary of 2 August 2018 following grant of the Licence.”;

• (g) in Regulation 9(1)(a) by substituting for “26 GHz Band Licences,” the following “26 GHz Band Licences or 26 GHz Band Spectrum Lease Licences,”;

• (h) by inserting after Regulation 10 the following new Regulation 11:

“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 26 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 26 GHz Band Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A 26 GHz 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 26 GHz 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 26 GHz Band Spectrum Lease Licence. A 26 GHz 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 26 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 these Regulations.”;

• (i) in Schedule 1 by deleting “Regulation 8 of” in the first paragraph where it occurs; and

• (j) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 8 of these Regulations.

20.

21.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “apparatus for wireless telegraphy” the following definition:

“ ‘Automatic Identification System’ or ‘AIS’ services is a specific type of radiodetermination service and means an automated, short range, maritime tracking system used on vessels and aids to navigation and by vessel traffic services for identifying and locating vessels and aids to navigation by electronically exchanging data with other nearby vessels and vessel traffic service stations, which operates using radio frequencies identified for use by such systems on a worldwide basis by the International Telecommunication Union;”;

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

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

• (iii) by inserting after the definition of “ICNIRP” 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 Radiodetermination, Air Traffic and Maritime Services Licence; or

• (b) a Radiodetermination, Air Traffic and Maritime Services Spectrum Lease Licence;”;

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

“ ‘Radiodetermination, Air Traffic and Maritime Services Licence’ or ‘RATMS 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 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;

‘Radiodetermination, Air Traffic and Maritime Services Spectrum Lease Licence’ or ‘RATMS 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;”;

• (vi) by inserting after the definition of “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);

‘Transfer of Licence for AIS Services’ means a transfer of a licence in accordance with Regulation 7(1)(d);

‘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 RATMS Licences and RATMS Spectrum Lease Licences.”;

• (c) in Regulation 5(3) by inserting before “Licence” the following “RATMS”;

• (d) in Regulation 6(1) by inserting before “Licence” the following “RATMS”;

• (e) in Regulation 7(1) –

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

• (ii) by substituting for subparagraph (d) the following subparagraph:

• “(d) Where a RATMS Licence has been granted under these Regulations in respect of Apparatus for the provision of AIS services, and where ownership of the vessel or structure where the Apparatus is installed, is to be transferred to another party, together with ownership of the Apparatus, the Licensee may, subject to the consent of the Commission, which shall not be unreasonably withheld, transfer the Licence;”;

• (f) in Regulation 9 –

• (i) in paragraph (1) by inserting before “Licences” the following “RATMS”;

• (ii) in paragraph (2) by inserting before “Licence” the following “RATMS”;

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

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

• (g) by inserting after Regulation 10 the following new Regulation 11:

“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 RATMS Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations

5. (5) A RATMS 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 RATMS 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 RATMS Spectrum Lease Licence. A RATMS Spectrum Lease Licence to which these Regulations apply shall in any event remain in force no longer than the lifetime of the Apparatus specified in the Licence.

7. (7) A RATMS 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 2 –

• (i) by inserting before “Licence fee for Apparatus” the following “RATMS”;

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

“Licence amendments shall incur a fee of €30. Each Transfer of Licence for AIS Services shall incur a fee of €30, payable by the party to whom the licence is to be transferred.”;

• (i) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 9 of these Regulations.

22.

23.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “Interim 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;”;

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

“Licensee, being one of:

• (a) a Satellite Earth Station Licence; or

• (b) a Satellite Earth Station Spectrum Lease Licence;”;

• (iii) by inserting after the definition of “Satellite Earth Station” the following definitions:

“ ‘Satellite Earth Station Licence’ means a Non-exclusive Licence in the form set out in Schedule 1 granted in accordance with section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep, have possession of, install, maintain, work and use 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;

‘Satellite Earth Station Spectrum Lease Licence’ means a Non-exclusive Licence in the form set out in Schedule 3 granted in accordance with section 5 of the Act of 1926 in accordance with and subject to the matters prescribed in these Regulations to keep, have possession of, install, maintain, work and use 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”;

• (iv) in the definition of “Temporary Licence” by inserting before “Licence that is granted” the following “Satellite Earth Station”;

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

“3. These Regulations apply to Satellite Earth Station Licences and Satellite Earth Station Spectrum Lease Licences.”;

• (c) in Regulation 5 in paragraphs (3) and (4) by inserting before “Licence” the following “Satellite Earth Station”;

• (d) in Regulation 6 -

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

• “(1) A Satellite Earth Station 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, subject to paragraph (3).”;

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

• “(2) A Satellite Earth Station 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 before “Licence” in each place where it occurs the following “Satellite Earth Station”;

• (e) in Regulation 7(1) -

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

• (ii) by deleting subparagraph (l);

• (f) in Regulation 9 –

• (i) in paragraph (1) by inserting before “Licences” the following “Satellite Earth Station”;

• (ii) in paragraphs (2), (5) and (6) by inserting before “Licence” in each place where it occurs the following “Satellite Earth Station”;

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

“(9). The fees for a Satellite Earth Station Licence granted on foot of a Transfer are the outstanding fees, if any, and renewal fees specified in paragraphs 1 and 2 of this Regulation with respect to the rights being transferred.”;

• (g) by inserting after Regulation 10 the following new Regulation 11:

“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 Satellite Earth Station Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A Satellite Earth Station 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 Satellite Earth Station 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 Satellite Earth Station Spectrum Lease Licence. A Satellite Earth Station 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 Satellite Earth Station 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 in the title under “WIRELESS TELEGRAPHY (SATELLITE EARTH STATION LICENCE) REGULATIONS, 2024” the following “Satellite Earth Station Licence”;

• (i) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 10 of these Regulations.

24.

• (a) in Regulation 2(1) –

• (i) by inserting after the definition of “Harmful Interference” 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;”;

• (ii) in the definition of “Licence Fee” by substituting for “Licence;” the following “Licence, other than a Telemetry Spectrum Lease licence;”;

• (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 Apparatus in a specified place in the State, being one of:

• (a) a Regional On-site Licence;

• (b) a Regional Local area Licence;

• (c) a Regional Wide area Licence;

• (d) a National Licence; or

• (e) a Telemetry Spectrum Lease Licence.”;

• (iv) by inserting after the definition of “Telemetry System” the following definitions:

“ ‘Telemetry Licence’ means:

• (a) a Regional On-site Licence;

• (b) a Regional Local-area Licence;

• (c) a Regional Wide-area Licence; or

• (d) a National Licence.

‘Telemetry 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;

‘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 Telemetry Licences and Telemetry Spectrum Lease Licences.”;

• (c) in Regulations 5(3) and 5(4) by inserting before “Licence” the following “Telemetry”;

• (d) in Regulation 6 by inserting before “Licence” the following “Telemetry”;

• (e) in Regulation 7(1) -

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

• (ii) by deleting paragraph (m);

• (f) in Regulation 9 –

• (i) in paragraph (1) by inserting before “Licences” the following “Telemetry”;

• (ii) in paragraph (2) by substituting for “licence” the following “Telemetry Licence”;

• (iii) in each of paragraphs (4) and (5) by inserting before “Licence” in each place where it occurs the following “Telemetry”;

• (iv) by inserting after paragraph (7) the following paragraph:

• “(8) The fees for a Telemetry Licence granted on foot of a Transfer are the outstanding fees, if any, and annual fees specified in paragraphs 1 and 2 of this Regulation with respect to the rights being transferred.”;

• (g) by inserting after Regulation 10 the following new Regulation 11:

“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 Telemetry Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) A Telemetry 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 Telemetry 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 Telemetry Systems Spectrum Lease Licence. A Telemetry 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 Telemetry 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 2 in the title by inserting before “LICENCES” the following “TELEMETRY”;

• (i) by inserting after Schedule 2 a new Schedule 3 as set out in Schedule 11 of these Regulations.

25.

• (a) in Regulation 2(1) as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) and Regulation 4(1)(b) of the Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations –

• (i) by inserting before the definition of “Act of 1926” the following definitions:

“ ‘2.1 GHz 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 Liberalised 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;

‘A Licence’ and ‘B Licence’ have the meaning described in the tender documents published by the Office of the Director for Telecommunications Regulation in December 2001 as documents ODTR no. 01/99 and no. 01/100;”;

• (ii) by inserting after the definition of “EURIBOR” 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 “GSM mobile telephony service” 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 ceasing to apply under Regulation 4(1)(b) of the Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 ( S.I. No. 265 of 2021 ) the definition of “Licence” in Regulation 2(1) of those regulations and 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 Liberalised Apparatus or Third Generation Apparatus, as the case may be, in a specified place in the State, being one of:

• (a) a Third Generation and GSM Mobile Telephony Licence;

• (b) a 2.1 GHz Band Liberalised Use Licence; or

• (c) a 2.1 GHz Band Spectrum Lease Licence;”;

• (v) by inserting after the definition of “Third Generation mobile telephony service” the following definitions:

“ ‘Third Generation and GSM Mobile Telephony Licence’ or “3G and GSM Mobile 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 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, and includes A Licences and B Licences;

‘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 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) in paragraphs (1), (2) and (3) by inserting before “Licence” the following “3G and GSM Mobile”;

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

• “(4) Subject to Regulation 6 of these Regulations, a 3G and GSM Mobile Licence 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.”;

• (c) in Regulation 4 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) in paragraphs (1), (3) and (4) by inserting before “Licence” the following “3G and GSM Mobile”;

• (ii) in paragraph (2) by substituting for “where the licensee is a holder of a licence under these Regulations that licence” the following “a 3G and GSM Mobile Licence”;

• (iii) in paragraph (5) by inserting before the first occurrence of “Licence” the following “3G and GSM Mobile”;

• (d) in Regulation 5 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) in condition 1 by substituting for “Schedules one – 3 to this licence;” the following “Licence;”;

• (ii) in condition 3 by substituting for “Schedule 5 of the licence” the following “the Licence”;

• (iii) by deleting condition 4;

• (e) in Regulation 8 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) in paragraph (1) by inserting before “Licences” the following “3G and GSM Mobile”;

• (ii) in paragraphs (5) and (7) by inserting before “Licence” the following “3G and GSM Mobile”;

• (f) in Regulation 9 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ), by inserting before “Licence” in each place where it occurs the following “3G and GSM Mobile”, but not where “Licence” occurs as part of any of the following terms: “A Licence”, “B Licence”, “spectrum access Licence fee”, “ ‘A’ Licence” or “ ‘B’ Licence”;

• (g) in Regulation 10 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) in paragraphs (1), (2) and (3) by substituting for “Licensee” the following “holder of a 3G and GSM Mobile Licence”;

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

• “(4) For the avoidance of doubt, the spectrum in paragraph 3 may be divided between several 3G and GSM Mobile Licensees, and a Licensee may not wish to take the full allocation which may be open to it. If the Commission assigns a smaller amount of spectrum to the holder of a 3G and GSM Mobile Licence than the maximum provided in paragraph 3, the fee payable by Licensee shall be reduced pro rata.”;

• (h) in Regulation 11 as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ) –

• (i) by inserting before “Licence” in each place where it occurs the following “3G and GSM Mobile”, but not before “Licence fee” or “Licence Fee” where they occur; and

• (ii) by inserting after paragraph (7) the following paragraph:

• “(8) The annual spectrum fees for a 3G and GSM Mobile Licence granted on foot of a transfer are the outstanding fees, if any, and annual fees, as specified in paragraphs (1), (2), (3), (4), (5) and (6) of this Regulation, that apply each time a 3G and GSM Mobile Licence is renewed, with respect to the rights being transferred.”;

• (i) in Regulation 13(9) as inserted by Regulation 4(1)(c) of the Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 ( S.I. No. 265 of 2021 ) by deleting subparagraphs (b), (c), (d), (e) and (f);

• (j) by inserting after Regulation 13 as inserted by Regulation 4(1)(c) of the Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 ( S.I. No. 265 of 2021 ) the following new Regulation 14:

“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) Where rights of use for radio frequencies are attached to a 3G and GSM Mobile Licence together with a 2.1 GHz Band Liberalised Use Licence are being transferred in accordance with the Transfer and Lease Regulations, the Commission shall grant a 3G and GSM Mobile Licence together with a 2.1 GHz Band Liberalised Use Licence to the Transferee in respect of said rights. Application for the grant of a 3G and GSM Mobile Licence together with a 2.1 GHz Band 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.

5. (5) Application for the grant of a 2.1 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 2.1 GHz Band Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

6. (6) A 2.1 GHz Band Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 2, 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.

7. (7) The commencement date and expiry date of a 2.1 GHz 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 2.1 GHz Band Spectrum Lease Licence. A 2.1 GHz 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.

8. (8) A 2.1 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 these Regulations.”;

• (k) in the text, as amended by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ), setting out the form of a licence cover page that occurs before Schedule 1 –

• (i) by inserting above “WIRELESS TELEGRAPHY ACT, 1926” the following “Schedule 1”;

• (ii) by inserting under “WIRELESS TELEGRAPHY (THIRD GENERATION AND GSM MOBILE TELEPHONY LICENCE) (AMENDMENT) REGULATIONS, 2003” the following “Third Generation and GSM Mobile Telephony Licence”;

• (iii) by substituting for “Second Schedule” the following “Part 2”;

• (iv) by substituting for “the First – third schedules to” the following “Parts 1, 3 and 3 of”;

• (v) by substituting for “Schedule 5” the following “Part 5”;

• (l) by renaming Schedule 1, Schedule 2, Schedule 3, Schedule 4, and Schedule 5, each as inserted by Regulation 1(4) of the Wireless Telegraphy (Third Generation and GSM Licence) (Amendment) Regulations 2003 ( S.I. No. 340 of 2003 ), as “Part 1”, “Part 2”, “Part 3”, “Part 4” and “Part 5” respectively;

• (m) by renaming Schedule 6, as inserted by Regulation 4(1)(a) of the Wireless Telegraphy (Third Generation and GSM Licence (Amendment) and Interim Licensing) Regulations 2021 ( S.I. No. 265 of 2021 ), as “Schedule 2”;

• (n) by inserting after renamed Schedule 2 a new Schedule 3 as set out in Schedule 12 of these Regulations.

26.

• (a) in Regulation 2(1) –

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

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

• (ii) by inserting after the definition of “Harmful Interference” 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 apparatus in a specified place in the State, being one of:

• (a) a Third Party Business Radio Licence; or

• (b) a Third Party Business Radio Spectrum Lease Licence;”;

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

“ ‘Third Party Business Radio Licence’ or ‘TPBR Licence’ means a Licence in the form set out in Schedule 1 granted under section 5 of the Act of 1926, to keep and have possession of Apparatus in a specified place in the State for the purpose of Third Party Business Radio services in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;

‘Third Party Business Radio Spectrum Lease Licence’ or ‘TPBR Spectrum Lease Licence’ means a Licence in the form set out in Schedule 2 granted under section 5 of the Act of 1926, to keep and have possession of Apparatus in a specified place in the State for the purpose of Third Party Business Radio services in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;

‘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 paragraph (4) the following paragraph:

“4. A TPBR Licence 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.”;

• (c) in Regulation 4 by substituting for paragraph (1) the following paragraph:

• “(1) A Third Party Business Radio Licence shall (unless it has been revoked) be in force for a maximum period of five years from the date on which it comes into operation and shall then expire. Notwithstanding the foregoing, a Third Party Business Radio Licence granted on foot of a Transfer shall expire no later than the expiry date of the Licence of the relevant Transferee.”;

• (d) in Regulation 5 -

• (i) in paragraph (1) by substituting for “Schedule” the following “Licence”;

• (ii) in paragraph (2) by substituting for “these Regulations;” the following “these Regulations, where they apply;”;

• (iii) by deleting paragraph (4);

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

• “(5) if the address of the Primary Licensee or the Secondary Licensee changes, the Primary Licensee or Secondary Licensee shall, as soon as possible, notify the Commission in writing of the change;”;

• (v) by substituting for paragraph (7) the following paragraph:

• “(7) the Primary Licensee shall ensure that the Secondary Licensee is contractually obliged to provide to the Primary Licensee such details as the Commission may request from time to time; and”;

• (e) in Regulation 6 –

• (i) in paragraph (1) by inserting before “Licences” the following “TPBR”;

• (ii) in paragraph (4) by inserting before “Licence” the following “TPBR”;

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

“7 (1) The following fees shall apply on the grant of a TPBR Licence subject to Regulation 4(1):

Where the TPBR Licence is a TPBR Licence to which these Regulations apply the Primary Licensee shall pay a fee of €1000 per 12.5 kHz channel per year for the duration of the licence.

• (2) The fees for a TPBR Licence granted on foot of a Transfer are the outstanding fees, if any, and annual fees specified in paragraph (1) with respect to the rights being transferred.”;

• (g) by substituting for Regulation 9 the following Regulation:

“9. These Regulations apply to Third Party Business Radio Licences and Third Party Business Radio Spectrum Lease Licences.”;

• (h) by inserting after Regulation 9 the following new Regulation 10 and Regulation 11:

“Amendment, Withdrawal and Suspension

1. (1) The Commission may amend the Licence from time to time where objectively justifiable and in a proportionate manner. Any amendment shall be made subject to and in accordance with the EECC Regulations, and any other requirements under applicable national or European Union law.

2. (2) Without prejudice to paragraph (1) of this Regulation, at the request of the Licensee, the Commission may, if it considers it appropriate to do so, amend the Licence by adding to, deleting from or altering the radio frequency spectrum specified in the Licence on which the Apparatus may be used. Any such amendment shall be effected by notice in writing from the Commission specifying the amendment and given to the Licensee or sent to the Licensee at the address specified in the Licence or notified to the Commission pursuant to the Licence.

3. (3) A Licence may be suspended or withdrawn by the Commission in accordance with the EECC Regulations, and any other requirements under applicable national or European Community law.

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 TPBR 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 TPBR Spectrum Lease Licence to which these Regulations apply shall be in the form specified in Schedule 2, 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 TPBR 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 TPBR Spectrum Lease Licence. A TPBR 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 TPBR 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) by renaming the Schedule as “Schedule 1”;

• (j) by inserting after the new Schedule 1 a new Schedule 2 as set out in Schedule 13 of these Regulations.

27.

28.

• (a) in Regulation 2(1) –

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

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

• (ii) by inserting after the definition of “Emergency service” the following definitions:

“ ‘Emergency Services Digital Radio Licence’ or ‘ESDR Licence’ means a Licence in the form set out in Schedule 2 granted under section 5 of the Act of 1926 to keep, install, maintain, work and use, anywhere in the State, apparatus for wireless telegraphy that is used for the provision of electronic communications services in the spectrum bands 380-385MHz and 390-395MHz, in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;

‘Emergency Services Digital Radio Spectrum Lease Licence’ or ‘ESDR Spectrum Lease Licence’ means a Licence in the form set out in Schedule 3 granted under section 5 of the Act of 1926 to keep, install, maintain, work and use, anywhere in the State, apparatus for wireless telegraphy that is used for the provision of electronic communications services in the spectrum bands 380-385MHz and 390-395MHz, in accordance with and subject to the terms and conditions set out therein and the matters prescribed in these Regulations;”;

• (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 in a specified place in the State, being one of:

• (a) an ESDR Licence; or

• (b) an ESDR Spectrum Lease Licence;”;

• (v) by inserting after the definition of “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) by substituting for Regulation 3(1) the following Regulation:

“3. (1) These Regulations apply to ESDR Licences and ESDR Spectrum Lease Licences.”;

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

“7. An ESDR Licence shall be in the form specified in Schedule 2 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 for the first occurrence of “licence” the following “ESDR Licence”;

• (e) in Regulation 9 –

• (i) in paragraph (1) by substituting for “licence.” the following “ESDR Licence.”;

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

• “(2) Any ESDR Licence that is renewed shall, subject to these Regulations and unless previously surrendered by the licensee or unless or until it is revoked or subsequently renewed by the Commission, and subject to any suspension thereof, continue in force for such period (not being more than one year) beginning on the applicable anniversary of the date on which the licence was first granted or, in the case of an ESDR Licence granted on foot of a Transfer, beginning on the applicable anniversary of the Transferor’s Licence, which date shall be specified in the licence.”;

• (iii) in each of paragraphs (3), (4) and (5) by substituting for “a licence” in each place where it occurs the following “an ESDR Licence”;

• (f) in Regulation 10 –

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

• “(1) The fees set out in Schedule 1 shall be paid prior to the grant or renewal of an ESDR Licence. The fee set out in Schedule 1 shall be indexed to reflect the annual rate of inflation, using the Consumer Price Index published by the Central Statistics Office. Indexation shall first occur on the 12-month anniversary of the date on which a licence was first granted and shall occur annually thereafter”;

• (ii) by inserting after paragraph (6) the following paragraph:

• “(7) The fees for an ESDR 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, except that indexation of the fees using the Consumer Price Index shall be determined using the month of August 2008 as the baseline date for the Consumer Price Index and shall occur annually on renewal of the Licence.”;

• (g) in Regulation 11 by deleting paragraph (d);

• (h) by inserting after Regulation 15 the following new Regulation 16:

“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 an ESDR Spectrum Lease Licence to a Lessee in accordance with the Transfer and Lease Regulations.

5. (5) An ESDR 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 an ESDR 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 ESDR Spectrum Lease Licence. An ESDR 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) An ESDR 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) by renaming the Schedule as “Schedule 1”;

• (j) by substituting for the text of Schedule 1 the following:

“The annual fee for an ESDR Licence granted under these Regulations shall be €100,000 for each 2 x 1MHz of spectrum allocated with that ESDR Licence. Fees shall be calculated on a pro rata basis according to the amount of spectrum allocated; for example, if 1 x 1MHz is allocated to an ESDR Licence then the applicable licence fee would be €50,000. Fees shall be indexed to reflect the annual rate of inflation using the Consumer Price Index published by the Central Statistics Office.”;

• (k) by inserting after Schedule 1 a new Schedule 2 as set out in Schedule 14 of these Regulations;

• (l) by inserting after new Schedule 2 a new Schedule 3 as set out in Schedule 15 of these Regulations.

29.

Revocation of the Wireless Telegraphy (Transfer of Spectrum Rights of Use) Regulations 2014

30.

SCHEDULE 1 New SCHEDULE 3 OF S.I. No. 489 of 2019

SCHEDULE 3 – 400 MHz Band Spectrum Lease Licence

WIRELESS TELEGRAPHY ACT, 1926

Wireless Telegraphy (400 MHz Band Licences) Regulations

400 MHz Band Spectrum Lease Licence

The Commission, in exercise of the powers conferred on it by section 5 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) grants the following licence to [INSERT LICENSEE NAME] of [INSERT LICENSEE ADDRESS] (“the Licensee”). The Licensee is hereby authorised to keep, have possession of, install, maintain, work and use apparatus as specified in Part One of this Licence subject to the Licensee observing the conditions contained in this licence and in the Wireless Telegraphy (400 MHz Band Licences) Regulations, 2019 ( S.I. No. 489 of 2019 ).

This Licence shall come in to effect on DD/MM/YYYY and subject to revocation, suspension or withdrawal, expires on DD/MM/YYYY.

Signed: ________

For and on behalf of the Commission for Communications Regulation

Date of Issue: ________

Part One Spectrum Assigned to Licensee

From __MHz to ____MHz

Part Two The Apparatus to which this Licence applies

Equipment Description	Manufacturer	Model

Part Three Apparatus Location and Details

Region	County	Site Identity	Eastings	Northings	Maximum EIRP

Part Four Licence Conditions

The Licence Conditions will be specified by the Commission in accordance with the Transfer and Lease Regulations.

SCHEDULE 2 New SCHEDULE 3 OF S.I. No. 593 of 2023

SCHEDULE 3 WIRELESS TELEGRAPHY ACT, 1926 WIRELESS TELEGRAPHY (FIXED RADIO LINK LICENCE)

REGULATIONS, 2023

Fixed Radio Link Spectrum Lease Licence

Part 1

Licence Number: .........................................................

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), grants to the Licensee specified, authorisation to keep, have possession of, install, maintain, work and use Apparatus as specified in Part 2 of this Licence subject to the Licensee observing the conditions contained in Regulation 7 of the Wireless Telegraphy (Fixed Radio Link Licence) Regulations, 2023 ( S.I. No. 593 of 2023 ).

Licensee: ........................................................................

Address: .........................................................................

Licence Type: ................................................................

Commencement and Termination Dates (if applicable):

The Licence comes into effect on DD/MM/YY and, subject to withdrawal or suspension, expires on DD/MM/YY.

Signed: ..........................................................................

on behalf of the Commission for Communications Regulation

Date: .............................................................................

Part 2

Licence Details	Apparatus
Licence Reference: Licensee:	Radio
Address:	Make:
	Model:
Licence Issue Date:	Class:
	Antenna
	Make:
	Model:
	Class:
	Adaptive Modulation:
	Channel Plan:

Locations(s) and Technical Conditions of Apparatus: