Taxes Consolidation Act, 1997 (Number 39 of 1997)
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Chapter 4
Transmission Capacity Rights
769AInterpretation (Chapter 4).
(1) In this Chapter—
“capacity rights” means the right to use wired, radio or optical transmission paths for the transfer of voice, data or information;
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“control” shall be construed in accordance with section 432;
“qualifying expenditure” means capital expenditure incurred on the purchase of capacity rights, but does not include expenditure incurred on or after 6 February 2003 which consists of a licence fee or other payment paid to the Commission for Communications Regulation in respect of a licence or permission granted by that Commission on or after that date under—
(a) the Wireless Telegraphy Acts 1926 to 1988, or
(b) the Postal and Telecommunications Services Act 1983;
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“writing-down period” has the meaning assigned to it by section 769B(2).
(2) In this Chapter, any reference to the sale of part of capacity rights includes a reference to the grant of a licence in respect of the capacity rights in question, and any reference to the purchase of capacity rights includes a reference to the acquisition of a licence in respect of capacity rights; but, if a licence granted by a company entitled to any capacity rights is a licence to exercise those rights to the exclusion of the grantor and all other persons for the whole of the remainder of the term for which the rights subsist, the grantor shall be treated for the purposes of this Chapter as thereby selling the whole of the rights.
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