Wireless Telegraphy Act 1926
Number 45 of 1926
WIRELESS TELEGRAPHY ACT 1926
REVISED
Updated to 29 July 2024
This Revised Act is an administrative consolidation of the Wireless Telegraphy Act 1926. It is prepared by the Law Reform Commission in accordance with its function under the 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 the Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the Wireless Telegraphy (Liberalised Use and Preparatory Licences in the 800 MHz, 900 MHz and 1800 MHz Bands) (Amendment) Regulations 2024 (S.I. No. 380 of 2024), made 29 July 2024, 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 45 of 1926
WIRELESS TELEGRAPHY ACT 1926
REVISED
Updated to 29 July 2024
ARRANGEMENT OF SECTIONS
Preliminary.
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Section |
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Minister for Transport to consult other authorities before making regulations or orders. |
Wireless Telegraphy and Signalling.
Broadcasting.
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Maintenance of broadcasting stations by the Minister. (Repealed) |
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Charging of fees for broadcasting. (Repealed) |
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Advisory committee. (Repealed) |
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Expenses. (Repealed) |
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Acts Referred to |
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No. 10 of 1924 |
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No. 1 of 1926 |
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Number 45 of 1926
WIRELESS TELEGRAPHY ACT 1926
REVISED
Updated to 29 July 2024
AN ACT TO MAKE PROVISION FOR THE REGULATION AND CONTROL OF WIRELESS TELEGRAPHY ON LAND, AT SEA, AND IN THE AIR, AND FOR THE REGULATION AND CONTROL OF CERTAIN CLASSES OF VISUAL AND SOUND SIGNALLING STATIONS, AND FOR THE ESTABLISHMENT AND MAINTENANCE OF STATE BROADCASTING STATIONS, AND TO PROVIDE FOR OTHER MATTERS RELATING TO WIRELESS TELEGRAPHY, SIGNALLING, AND BROADCASTING RESPECTIVELY. [24th December, 1926.]
BE IT ENACTED BY THE OIREACHTAS OF F1[THE STATE] AS FOLLOWS:—
Annotations
Amendments:
F1
Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 1 item 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3.
Modifications (not altering text):
C1
Application of Act restricted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 61(1), S.I. No. 299 of 2023.
Application of Part
61. (1) This Part applies in respect of a licence notwithstanding anything to the contrary in—
(a) the Act of 1926,
(b) any Regulations made under section 6 (inserted by section 182 of, and Schedule 2 to, the Broadcasting Act 2009) of the Act of 1926, and
(c) the licence itself.
...
C2
References construed (6.09.2022) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 113(2), (3).
Transitional arrangements
113. A measure that was in force under the Framework Regulations, the Authorisation Regulations, the Access Regulations or the Universal Service Regulations (“the 2011 Regulations”) immediately before the commencement of these Regulations shall continue in force as if it was made under these Regulations.
(2) Licences, rights of use, or authorisations granted under the Act of 1926 or any instrument made under that Act in accordance with any provision of the 2011 Regulations, that were in force immediately before the commencement of these Regulations shall be construed as licences granted in accordance with these Regulations.
(3) Any reference in the Act of 1926 or any instrument made under that Act to —
(a) the Framework Regulations,
(b) the Access Regulations,
(c) the Authorisation Regulations, or
(d) the Universal Service Regulations,
shall be read as a reference to these Regulations.
C3
Application of Act restricted (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 46(2).
46. ...
(2) Nothing in the Wireless Telegraphy Acts 1926 to 1988, shall operate to restrict or prevent any person from working or using an apparatus for wireless telegraphy, which is lawfully in their possession, or which is otherwise in compliance with the licensing requirements of those Acts for its intended purpose where it complies with the provisions of the Directive, save where such restriction or prevention is related to the effective and appropriate use of the radio frequency spectrum, avoidance of harmful interference or matters relating to public health.
C4
Application of Act restricted (8.09.1997) by European Communities (Satellite Telecommunications Services) Regulations 1997 (S.I. No. 372 of 1997), reg. 3.
3. The Wireless Telegraphy Acts 1926 to 1972, and the Broadcasting and Wireless Telegraphy Act 1988 (No. 19 of 1988), shall not apply to the placing on the market of satellite earth station equipment.
Editorial Notes:
E1
Previous affecting provision: application of Act restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 16(17); revoked (6.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c), subject to transitional provisions in regs. 114, 115, as inserted by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2(f).
E2
Previous affecting provision: application of Act restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 16(14), in effect as per reg. 1(2); revoked (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 28(2)(a), subject to transitional provisions in reg. 27.
E3
Previous affecting provision: application of Act restricted (5.06.2001) by European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001), reg. 20(2); revoked (6.06.2017) by European Union (Radio Equipment) Regulations 2017 (S.I. No. 248 of 2017), reg. 47, subject to transitional provisions in reg. 48.