TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996


Number 34 of 1996


TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

REVISED

Updated to 29 June 2016


This Revised Act is an administrative consolidation of Telecommunications (Miscellaneous Provisions) Act 1996. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, and all statutory instruments up to and including European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2016 (S.I. No. 336 of 2016), made 29 June 2016, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 34 of 1996


TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

REVISED

Updated to 29 June 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Communications Regulation (Amendment) Act 2007 (22/2007)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Communications Regulation Act 2002 (20/2002)

Postal and Telecommunications Services (Amendment) Act 1999 (5/1999)

All Acts up to and including Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 (4/2016), enacted 11 February 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007)

Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003)

Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003)

Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 3 Order 2002 (S.I. No. 549 of 2002)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) Regulations 2002 (S.I. No. 467 of 2002)

Wireless Telegraphy (Experimenter's Licence) Regulations 2002 (S.I. No. 450 of 2002)

Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002)

Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations, 2002 (S.I. No. 345 of 2002)

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002)

Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 2 Order 2001 (S.I. No. 474 of 2001)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001)

Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy Order 2001 (S.I. No. 282 of 2001)

Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 190 of 2001)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations, 2001 (S.I. No. 189 of 2001)

Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001)

European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000)

Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs1 Ghz)) Order 2000 (S.I. No. 173 of 2000)

Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

Telecommunications Tariff Regulation (Modification) Order 1999 (S.I. No. 438 of 1999)

Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 348 of 1999)

Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 347 of 1999)

Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of (ii) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 110 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat Mini-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 109 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order 1999 (S.I. No. 108 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Mssat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 106 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Prodat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 105 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of (i) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 104 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Omnitracs Terminals For The Euteltracs System) Order 1999 (S.I. No. 103 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 102 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-C Terminals For Land Mobile Applications) Order 1999 (S.I. No. 101 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-D Terminals For Land Mobile Applications) Order 1999 (S.I. No. 100 of 1999)

Wireless Telegraphy (Programme Services Distribution) Regulations 1999 (S.I. No. 73 of 1999)

European Communities (Voice Telephony and Universal Service) Regulations 1999 (S.I. No. 71 of 1999)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens' Band (Cb) Radios) Order 1998 (S.I. No. 436 of 1998)

Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Amendment Order 1998 (S.I. No. 229 of 1998)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order 1998 (S.I. No. 214 of 1998)

European Communities (Telecommunications Licences) Regulations 1998 (S.I. No. 96 of 1998)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998)

Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Order 1998 (S.I. No. 43 of 1998)

Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 (S.I. No. 410 of 1997)

Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997)

European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

Telecommunications (Miscellaneous Provisions) Act 1996 (Commencement) (No. 3) Order 1997 (S.I. No. 110 of 1997)

Telecommunications (Miscellaneous Provisions) Act 1996 (Commencement) (No. 2) Order 1997 (S.I. No. 109 of 1997)

Telecommunications (Miscellaneous Provisions) Act 1996 (Commencement) Order 1997 (S.I. No. 72 of 1997)

Telecommunications (Miscellaneous Provisions) Act 1996 (Expiration of Terms of Office) Order 1996 (S.I. No. 409 of 1996)

Telecommunications (Miscellaneous Provisions) Act 1996 (Commencement) (No. 2) Order 1996 (S.I. No. 402 of 1996)

Telecommunications Tariff Regulation Order 1996 (S.I. No. 393 of 1996)

Telecommunications (Miscellaneous Provisions) Act 1996 (Commencement) Order 1996 (S.I. No. 385 of 1996)

All statutory instruments up to and including European Union (Consumer Information, Cancellation and Other Rights) (Amendment) Regulations 2016 (S.I. No. 336 of 2016), made 29 June 2016, were considered in the preparation of this revision.


Number 34 of 1996


TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

REVISED

Updated to 29 June 2016


ARRANGEMENT OF SECTIONS


Number 34 of 1996


TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996

REVISED

Updated to 29 June 2016


AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF THE OFFICE OF DIRECTOR OF TELECOMMUNICATIONS REGULATION, FOR THE TRANSFER OF FUNCTIONS FROM THE MINISTER TO THE DIRECTOR, FOR THE IMPOSITION OF A LEVY ON PROVIDERS OF TELECOMMUNICATIONS SERVICES, AND FOR THE REGULATION OF TARIFFS FOR CERTAIN TELECOMMUNICATIONS SERVICES, TO AMEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND TO PROVIDE FOR RELATED MATTERS. [10 th December, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to the “Minister for Public Enterprise” and “Department of Public Enterprise” construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.

1. ...

(2) This Order comes into operation on 18 June 2002.

(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,

(b) under the Regulations mentioned in Part 2 of that Schedule, and

(c) in relation to the Geological Survey of Ireland,

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Telecommunications (Miscellaneous Provisions) Act 1996 ( No. 34 of 1996)

...