S.I. No. 214/1998:

WIRELESS TELEGRAPHY ACT, 1926 (SECTION 3) (EXEMPTION OF SATELLITE EARTH STATIONS FOR SATELLITE PERSONAL COMMUNICATION SERVICES (S-PCS)) ORDER, 1998.

WIRELESS TELEGRAPHY ACT, 1926 (SECTION 3) (EXEMPTION OF SATELLITE EARTH STATIONS FOR SATELLITE PERSONAL COMMUNICATION SERVICES (S-PCS)) ORDER, 1998.

I, ETAIN DOYLE, Director of Telecommunications Regulation, in exercise of the powers conferred on me by subsection (6) (inserted by section 11 of the Wireless Telegraphy Act, 1972 (No. 5 of 1972) ) of section 3 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), and section 4 of the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996), hereby order as follows:

1. This Order may be cited as the Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Satellite Earth Stations for Satellite Personal Communication Services (S-PCS) ) Order, 1998.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order -

"CEPT" means the European Postal and Telecommunications Conference;

"ERC" means European Radiocommunications Committee of CEPT;

"ETSI" means the European Telecommunications Standards Institute;

"satellite earth station" means an apparatus for wireless telegraphy used for the purpose of carrying on radio-communications by means of satellites or other space-based systems;

"SPCS" means Satellite Personal Communication Services;

"TBR 41" means Technical Basis for Regulation 41 of February 1998 produced by the Satellite and Systems (SES) Technical Committee of ETSI.

4. The following class of apparatus for wireless telegraphy is hereby declared to be a class of apparatus for wireless telegraphy to which section 3 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926), is not to apply, namely, satellite earth stations for S-PCS which:

(a) have been determined by a notified body, within the meaning of European Parliament and Council Directive 98/13/EC of 12 February 1998, to comply with the requirements set out in TBR 41, and,

(b) are operated in accordance with the ERC Decision of 30 June 1997 on the Harmonised Use of Spectrum for Satellite Personal Communications Services (S-PCS), (ERC/DEC/(97)03).

GIVEN under my hand, this 24th day of June, 1998.

ETAIN DOYLE,

Director of Telecommunications Regulation.

EXPLANATORY NOTE.

This Order provides for the exemption of terminals used for satellite personal communications services (S-PCS), also known as global mobile personal communications services (GMPCS), from the requirement to be licensed under the Wireless Telegraphy Act, 1926 .