Wireless Telegraphy Act 1926
F20[Grant of licences.
5.— (1) The appropriate authority may, subject to this Act and on payment of the prescribed fee (if any) grant to any person a licence to keep and have possession of apparatus for wireless telegraphy in any specified place in the State or to keep and have possession of apparatus for wireless telegraphy in any specified ship or other vessel or aircraft.
(2) Every licence granted under this section shall be in such form, continue in force for such period and be subject to such conditions and restrictions (including conditions as to suspension and revocation) as shall be prescribed in regard to it by regulations made by the appropriate authority under section 6.
(3) Where it appears appropriate to the appropriate authority, it may, in the interests of the efficient and orderly use of wireless telegraphy, limit the number of licences for any particular class or classes of apparatus for wireless telegraphy granted under this section.
(4) This section does not apply to television sets.
(5) For the purposes of this Act and any regulations under section 6, a vehicle is itself deemed to be a place separate and distinct from the premises in which the vehicle is ordinarily kept, and place and specified place shall in this Act and in any such regulations be read accordingly.]
Annotations
Amendments:
F20
Substituted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 182 and sch. 2, commenced on enactment.
Modifications (not altering text):
C10
Application of section restricted (9.09.2022) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 9(1), in effect as per reg. 1(2).
Conditions attached to rights of use for radio spectrum
9. (1) Notwithstanding section 5 of the Act of 1926 but subject to any regulations made under section 6 of that Act, where the Regulator specifies conditions to be attached to rights of use for radio spectrum, it may only attach such conditions as are listed in Part D of Schedule 1. The Regulator may specify that certain conditions do not apply to undertakings of such class or type as may be determined by the Regulator from time to time.
...
C11
Application of section restricted (12.07.2009) by Broadcasting Act 2009 (18/2009), s. 143(3), (4), commenced on enactment.
Grant of television licences.
143.— ...
(3) On the passing of this Act section 5 of the Act of 1926 does not apply to television sets.
(4) All licences for the keeping and possession of a television set (within the meaning of section 1 of the Act of 1972) which were granted under section 5 of the Act of 1926 and are in force on the passing of this Act continue in force for the remainder of their period of validity and are deemed to have been granted under this section and this Part applies to all such licences accordingly.
Editorial Notes:
E59
Power pursuant to section exercised (1.01.2008) by Television Licences Regulations 2007 (S.I. No. 851 of 2007), in effect as per reg. 1(2).
E60
Previous affecting provision: application of section restricted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011), reg. 10(1); revoked by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 116(c) as inserted (6.06.2023) by European Union (Electronic Communications Code) (Amendment) Regulations 2023 (S.I. No. 300 of 2023), reg. 2(f).
E61
Previous affecting provision: subss. (1), (2) amended and subs. (1B) substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), ss. 4(2) and sch. 1 part 1 items 4(a), (b), (c), 11, S.I. No. 224 of 2007, subject to transitional provisions in s. 4(4) and sch. 3; section substituted (12.07.2009) as per F-note above.
E62
Previous affecting provision: application of section restricted (25.07.2003) by European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003), reg. 10(1), 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.
E63
Previous affecting provision: subs. (1A) inserted (12.04.1960) by Broadcasting Authority Act 1960 (10/1960), s. 34(d) and sch. 3 part 1, commenced on enactment, renumbered as subs. (1B) (8.03.1966) by Broadcasting Authority (Amendment) Act 1966 (7/1966), s. 7(1), commenced on enactment; section substituted (12.07.2009) as per F-note above.
E64
Previous affecting provision: subs. (1A) inserted retrospectively (24.12.1926) by Wireless Telegraphy Act 1956 (4/1956), s. 2, in effect as per s. 3; section substituted (12.07.2009) as per F-note above.