S.I. No. 320/1949:

WIRELESS TELEGRAPHY ACT, 1926.

WIRELESS TELEGRAPHY ACT, 1926.

WIRELESS TELEGRAPHY (BUSINESS RADIO LICENCE) REGULATIONS, 1949.

I, JAMES EVERETT, Minister for Posts and Telegraphs, in exercise of the power conferred on me by subsection (1) of section 6 of the Wireless Telegraphy Act, 1926 (No. 45 of 1926) and of every and any other power me in this behalf enabling, and, so far as this Order refers to fees, with the consent of the Minister for Finance, do hereby by this Order make the following Regulations, that is to say :--

1. This Order and the Regulations hereby made may be cited as the Wireless Telegraphy (Business Radio Licence) Regulations, 1949.

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

3. In these Regulations the expression " the Minister " means the Minister for Posts and Telegraphs.

4. Any person who proposes to keep and have possession of apparatus for wireless telegraphy solely for the purpose of transmitting and receiving messages on his business may apply to the Minister for a licence (in these Regulations referred to as a business radio licence) in that behalf.

5. The Minister may, if he so thinks proper, issue a business radio licence to any person but may, at his absolute discretion, refuse to issue such a licence.

6. Every business radio licence shall be in the form set out in the First Schedule to these Regulations, with such (if any) variations (whether by addition, omission or alteration) as the Minister may in any particular case think proper.

7. Every business radio licence shall, unless previously revoked and subject to any suspension thereof, continue in force from the date of the issue thereof until the expiration of the eleventh month after the month in which it was issued, and shall then expire unless renewed under these Regulations.

8. (1) A business radio licence may be renewed by the payment, before or within one month after the date on which it would expire if not renewed, of the fee prescribed by these Regulations.

(2) A business radio licence which is renewed under these Regulations shall, unless previously revoked and subject to any suspension thereof, continue in force :--

(a) in the case of the first such renewal for one year from the date on which it would have expired if not so renewed, and

(b) in the case of every subsequent such renewal, for one year from the expiration of the last previous renewal thereof.

9. (1) A fee shall be payable on the issue and renewal of a business radio licence and shall be calculated on the basis of a payment of five pounds in respect of each station for transmitting and receiving or for transmitting only or for receiving only plus a fixed sum of five pounds.

(2) All fees payable under these Regulations shall be paid to the Accountant, Department of Posts and Telegraphs, General Post Office, Dublin, and shall be so paid in money which is legal tender, or by consolidated bank notes, money order, or postal orders or, with the permission of the said Accountant, by cheque.

10. The Minister may at any time amend or vary a business radio licence, whether in respect of the situation of one or more of the stations to which such licence relates, the power to be used therein, the frequency or any other matter or thing.

11. Every station licensed under these Regulations shall be operated in accordance with the conditions set out in the Second Schedule to these Regulations, and every business radio licence shall be deemed to be issued subject to the obligation to comply with such conditions.

12. The Minister may at any time, at his absolute discretion, suspend for any period or revoke any business radio licence by notice in writing sent by post to the licensee at his last known address.

13. The Minister may at any time, at his absolute discretion, suspend for any period or revoke by notice in that behalf published in the Iris Oifigiúil all business radio licences for the time being in force.

14. Every station licensed under these Regulations, and also the business radio licence and certificate (referred to at paragraph 9 of the said Second Schedule) for the time being in force in respect of such station, shall be open to inspection at all reasonable times by duly authorised officers of the Department of Posts and Telegraphs.

FIRST SCHEDULE.

WIRELESS TELEGRAPHY ACT, 1926 .

BUSINESS RADIO LICENCE.

Licence to establish and work wireless telegraph sending and receiving stations for the transmission and receipt of messages on the business of the Licensee, and issued subject to the provisions of the Wireless Telegraphy (Business Radio Licence) Regulations, 1949 ( S.I. No. 320 of 1949 ), and subject to compliance with the conditions set out in the Second Schedule to those Regulations. ............................................................ ............................................................ .. of ............................................................ ............................................................ ................ (hereinafter called " the Licensee ") is hereby authorised to establish and maintain wireless telegraph sending and receiving stations (hereinafter called respectively " the Base Station(s) " and " the Mobile Station(s) " and collectively referred to as " the Stations ") in accordance with the particulars set out in the Statement of Authorised Stations hereinafter set forth and to work the stations respectively for the purpose of sending and receiving spoken messages on the business of the Licensee as ............................................................ ........................................ ............................................................ ............................................................ ....................

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

............................................................ ............................................................ ............on and subject to the conditions accompanying this licence.

The licence hereby granted excludes the sending or receipt of messages on matters other than those directly connected with the business as described above and/or the sending or receipt of messages which would infringe the Minister's privileges under the Telegraph Acts, 1863-1928. This licence may be withdrawn or modified by the Minister for Posts and Telegraphs by notice in writing given to the Licensee at any time. The licence will be withdrawn if the Licensee does not observe its provisions and conditions or makes default in payment of the annual fee as it becomes due.

The Licensee shall pay to the Minister a fee of £................. (..................pounds) per annum, the first payment to be made on the date of the licence and subsequent payments on the 1st .................. of each year.

This licence is not transferable.

This licence does not indemnify the Licensee against claims in respect of copyright in matter transmitted by the Licensee.

Dated this .......... day of ....................

Secretary,

Department of Posts and Telegraphs.

STATEMENT OF AUTHORIZED STATIONS.

Licensee..............................................

SECOND SCHEDULE.

WIRELESS TELEGRAPHY ACT, 1926 .

BUSINESS RADIO LICENCE CONDITIONS.

1. Wireless Apparatus.

The apparatus used at the stations shall comply in all respects with the technical and other requirements laid down by the Minister for Posts and Telegraphs particulars of which may be obtained by written application to the Secretary, Department of Posts and Telegraphs, General Post Office, Dublin, and any other requirements prescribed by the Minister by notice in writing to the Licensee. The Licensee shall not use at any station any frequency or any greater power than those respectively specified in the licence opposite the name of the station, or such frequency or power as may from time to time be substituted therefor by the Minister by notice in writing to the Licensee. The Minister reserves the right to authorise the use of any frequency by any other Licensee.

2. Aerials.

The aerials and any masts erected for use on any of the stations shall comply with any requirements as regards height, structural design, etc., which may be prescribed by the Minister by notice in writing to the Licensee. If any fixed station is situated within half a mile of the boundary of any aerodrome, the aerial or any mast supporting it shall conform to all requirements prescribed or laid down from time to time by the competent authorities in that behalf. An aerial which crosses above or is liable to fall upon or to be blown on to any overhead power wire (including electric lighting and tramway wires) shall be guarded to the reasonable satisfaction of the owner of the power wire concerned.

3. Operation of and access to the apparatus.

The apparatus shall at all times be operated only by persons authorised by the Licensee. The Licensee shall ensure that these persons always observe the conditions of the licence and that access to the apparatus cannot be obtained by unauthorised persons at any time.

4. Definitions of " Base " and " Mobile " stations and restriction on the usage of such stations.

(1) A base station is a station in the mobile service carrying on a service with mobile stations.

(2) A mobile station is a station in a mobile service intended to be used while in motion or during halts at unspecified points.

(3) The definition of a mobile station not be interpreted as permitting continuous and/or continual communication between a base and mobile station(s) or between mobile stations at specified points.

5. The Licensee shall cease to operate the stations or any of them for such period as may be required by any station operated by or in the service of the State.

6. Call Signs.

Each stations shall announce its call sign at the beginning and end of each communication. Stations shall be called and identified only by their authorised call signs.

7. Non-interference.

The stations shall be used in such a manner as not to cause any interference with the working of other stations. Before a message is sent the operator shall listen to ensure that no other station is sending.

8. Secrecy of correspondence.

The Licensee and his authorised agents shall preserve the secrecy of correpondence.

If any message which the Licensee or his authorised agents are not entitled to receive is received the Licensee or his authorised agents shall not make known or allow to be made known its contents its origin or destination its existence or the fact of its receipt to any person (other than duly authorised officer of the Government or a competent legal tribunal) and shall not produce in writing copy or make any use of such message or allow the same to be reproduced in writing copied or made use of.

9. Certificates.

There shall at all times be affixed to each of the stations a certificate issued by the Minister certifying that the station is one of those authorised by a license granted by the Minister.

10. Inspection.

The stations together with the license and the certificates shall be open to inspection whenever transmissions are taking place and at all other reasonable times by duly authorised officers of the Department of Posts and Telegraphs who will produce their cards of identity on request.

11. Suspension or revocation of Licence.

The Licensee shall not be entitled to any compensation in respect of the exercise of the powers for cesser of operations or for the suspension or revocation of the licence.

12. Limits on radius of Communications.

Communication between the base station(s) and the mobile station(s) shall be restricted to a radius of .................... miles from the base station(s).

13. Nature of Communications.

No messages shall be sent or received other than messages on the business of the Licensee as authorised in the licence.

14. Restriction on term " Business ".

The term " business " used in this licence excludes

(1) the business of sending or receipt of messages of other persons or corporations;

(2) the sending or receipt of messages on matters other than those directly connected with the " business " described in the licence and

(3) the sending and receipt of messages in a manner which would infringe the Minister's privileges under the Telegraph Acts, 1863-1928.

GIVEN under my Seal of Office this eighth day of November, 1949.

(Signed) JAMES EVERETT,

Minister for Posts and Telegraphs.

I consent to the foregoing Regulations in so far as they relate to fees.

(Signed) P. McGILLIGAN,

Minister for Finance.

Dated this 22nd day of November, 1949.