Communications Regulation Act 2002

PART 1 Preliminary and General

1. Short title.

1.—This Act may be cited as the Communications Regulation Act, 2002.

2. Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“Act of 1972” means European Communities Act, 1972;

“Act of 1996” means Telecommunications (Miscellaneous Provisions) Act, 1996;

F1[“Agency”means the National Consumer Agency established by theConsumer Protection Act 2007;]

F2[“associate”, in relation to an undertaking, means—

(a) a holding company of the undertaking, or

(b) a subsidiary company of the undertaking, or

(c) a company that is a subsidiary of a body corporate, if the undertaking is also a subsidiary of the body, but neither company is a subsidiary of the other, or

(d) a body corporate that is not a subsidiary of the undertaking but in respect of which the undertaking is beneficially entitled to more than 20 per cent of the nominal value of either—

(i) the allotted share capital of the body, or

(ii) the shares carrying voting rights (other than voting rights which arise only in specified circumstances) of the body,

or

(e) a partnership or joint venture in which the undertaking has a financial interest;]

F3["associated facilities" means associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service, or have the potential to do so, and include buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;]

F4["associated service" means a service associated with an electronic communications network or an electronic communications service which enables or supports the provision, self-provision or automated-provision of services via that network or service, or has the potential to do so, and includes number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides (EPGs), as well as other services such as identity, location and presence service;]

F2[“association of undertakings”a body corporate that comprises one or more undertakings but is not itself an undertaking;]

“Civil Service” has the meaning assigned to it by the Civil Service Regulation Act, 1956;

“Commission” means the Commission for Communications Regulation established by Part 2;

“Commissioner” means a member of the Commission;

“Community” means European Communities;

F5[“conditional access systems”means any technical measure, authentication system or arrangement or both whereby access to a protected radio or television broadcasting service in intelligible form is made conditional upon subscription or another form of prior individual authorisation;]

“Director” means the Director of Telecommunications Regulation appointed under the Act of 1996 and, where the context so admits, includes the Office of the Director of Telecommunications Regulation;

F6["Electronic Communications Code Regulations" means European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022);]

“electronic communications market” means electronic communications networks, electronic communications services and associated facilities;

F3["electronic communications network" means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including internet) and mobile networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;]

F3["electronic communications service" means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of services:

(a) "internet access service" as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015/2120 of 25 November 2015^7,

(b) interpersonal communications service, and

(c) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine to machine services and for broadcasting]

F3["end-user" means a user not providing public electronic communications network or publicly available electronic communications services;]

F4["end-user of premium rate services" means a person to whom such a service is supplied, or who has asked for the supply of such a service otherwise than for the purpose of resupply;]

“essential requirements” has the meaning assigned to it by Article 2 of Directive 97/13/EC of 10 April 1997^3;

“establishment day” means the day appointed under section 4 to be the establishment day for the purposes of this Act;

F2[“failure to comply”includes contravene;

“financial year”, in relation to the Commission, means the financial year of the Commission as specified in or in accordance withsection 31A;]

F4["interpersonal communications service" means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;]

F7[“Minister”means Minister for Communications, Energy and Natural Resources;]

“Office” means Office of the Director of Telecommunications Regulation;

F8[“postal services”has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;]

F9[“postal service provider”has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;

“postal service user”has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;

“postal service within the scope of the universal postal service”has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;]

F10[“premium rate service”has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;

“premium rate service licence”means a licence granted undersection 6of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 to provide premium rate services;

“premium rate service provider”has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;]

“prescribed” means prescribed by regulations made by the Minister;

F2[“related enactment”means—

(a) an enactment specified inPart 1ofSchedule 1, or

(b) a statutory instrument specified inPart 2of that Schedule, or

(c) a statutory instrument made by the Minister for the purpose of giving effect to an act of an institution of the European Communities relating to—

(i) the provision of an electronic communications service, an electronic communications network or associated facility, or

(ii) the radio frequency spectrum or national numbering resource, or

(iii) a postal service,

or

(d) a statutory instrument made by the Commission under an Act specified inPart 1ofSchedule 1, or

(e) any Act or statutory instrument declared by a provision of another Act or statutory instrument to be a related enactment for the purposes of this Act;]

“superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death;

F11[“television set”has the meaning assigned to it by section140of the Broadcasting Act 2009;]

F2[“this Act”includes all statutory instruments made under this Act;]

“transferred function” means a function transferred to the Commission under section 9;

“undertaking” means a provider of electronic communications networks or services or associated facilities;

F12[“universal postal service”has the meaning assigned to it by the Communications Regulation (Postal Services) Act 2011;]

“user” means a natural or legal person using or requesting a publicly available electronic communications service.

(2)—F13[…]

3. Laying of orders and regulations before Houses of Oireachtas.

3.—(1) Other than an order under section 4, every order or regulation made under this Act by the Minister or the Minister for the Environment and Local Government shall be laid before each of the Houses of the Oireachtas as soon as practicable after it is made.

(2) Either House of the Oireachtas may, by resolution passed within 21 sitting days after the day on which an order or a regulation was laid before it in accordance with subsection (1), annul the order or regulation.

(3) The annulment of an order or regulation under this section takes effect immediately on the passing of the resolution concerned, but does not affect anything that was F14[done under the order or regulation] before the passing of the resolution.

4. Establishment day.

4.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

5. Expenses.

5.—The expenses incurred by the Minister and the Minister for the Environment and Local Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Commission for Communications Regulation

6. Establishment of Commission.

6.—(1) On the establishment day there is established a body to be known as the Commission for Communications Regulation or, in the Irish language, An Coimisiún um Rialáil Cumarsáide, which shall perform the functions conferred on it by or under this Act.

(2) The Commission shall be a body corporate with perpetual succession and a seal and power—

(a) to sue and be used in its corporate name,

(b) to acquire, hold and dispose of land or an interest in land, and

(c) to acquire, hold and dispose of any other property.

7. Seal of Commission.

7.—(1) The Commission shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal shall be authenticated by the signature of—

(a) a Commissioner, or

(b) a member of the staff of the Commission, authorised by the Commission to act in that behalf.

(3) Judicial notice shall be taken of the seal of the Commission and every document—

(a) purporting to be an instrument made by and to be sealed with the seal of the Commission, and

(b) purporting to be authenticated in accordance with subsection (2),

shall be received in evidence and be deemed to be such instrument without proof unless the contrary is shown.

8. Dissolution of Office of Director of Telecommunications Regulation.

8.—On the establishment day the Office of the Director of Telecommunications Regulation is dissolved.

9. Transfer of functions.

9.— F15[…]

10. Functions of Commission.

10.—(1) The functions of the Commission F16[are]—

(a) to ensure compliance by undertakings with obligations in relation to the supply of and access to electronic communications services, electronic communications networks and associated facilities and the transmission of such services on such networks,

F17[(aa) to ensure compliance by undertakings with obligations under Regulation (EU) No. 612/2022 of the European Parliament and of the Council of 6 April 2022,]

F18[(ab)F19[…]]

F20[(ac)F19[…]]

F21[(ad) to closely monitor and ensure compliance by undertakings, including providers of internet access services within the meaning of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015^2, with their obligations under Articles 3, 4 and 5 of those Regulations,]

F22[(ae) to perform the tasks assigned to it under the Electronic Communications Code Regulations,]

F23[(ae) the functions of a national regulatory authority under Article 5a (inserted by Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018^3) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015^4,]

F24[(af) to ensure compliance with, and to carry out the functions assigned to it by, the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022),]

F25[(af)to monitor and ensure compliance by undertakings and premium rate service providers with Part 3 of the Consumer Protection Act 2007,

(ag)to monitor and ensure compliance by undertakings and premium rate service providers with Parts 4 to 6 of the Consumer Rights Act 2022,]

(b) to manage the radio frequency spectrum and the national numbering resource, in accordance with a direction under section 13,

F26[(ba) to ensure the provision of a universal postal service that meets the reasonable needs of postal service users,]

F27[(bb) to undertake a review of any consequences, including for terminal dues, of the repeal, undersection 1of the Communications Regulation (Postal Services) (Amendment) Act 2017, ofsection 30of theCommunications Regulation (Postal Services) Act 2011which review shall commence immediately following the expiration of 2 years after the coming into operation of the Communications Regulation (Postal Services) (Amendment) Act 2017 and to prepare and furnish a report to the Minister of the findings of the Commission resulting from the review not later than 6 months after the commencement of the review,]

F28[(c) to monitor and ensure compliance by postal service providers with the obligations imposed on them by or under theCommunications Regulation Acts 2002 to 2011in relation to the provision of postal services,]

F29[(ca) to monitor the quality and efficiency of the emergency call answering service established underPart 6,]

F30[(cb) to ensure compliance by premium rate service providers with their obligations in relation to the provision, content and promotion of premium rate services,]

F31[(d) to carry out investigations into matters relating to—

(i) the supply of, and access to, electronic communications services, electronic communications networks and associated facilities and the transmissions of such services on such networks, and

(ii) the provision, content and promotion of premium rate services,]

F32[(da) for the purpose of contributing to an open and competitive market and also for statistical purposes, to collect, compile, extract, disseminate and publish information from undertakings relating to the provision of electronic communications services, electronic communications networks and associated facilities and the transmission of such servicesF33[on those networks]]

(e) to ensure compliance, as appropriate, by persons in relation to the placing on the market of communications equipment and the placing on the market and putting into service F33[of radio equipment, and]

F24[(f) to advise the Minister, when requested by him or her, on matters relating to the electronic communications market and matters relating to the functions of the Commission.]

F34[F35[(1A) The functions of the Competition and Consumer Protection Commission specified insubsection (1B)are (in so far as they relate to the provision of electronic communications networks, electronic communications services, associated facilities and premium rate services) also functions of the Commission for Communications Regulation, andsubsections (1B)to(1E)have effect for the purposes of this subsection.]

F35[(1B) The functions of the Competition and Consumer Protection Commission referred to insubsection (1A)are the functions of that Commission under—

(a)sections 71 to 73, 75, 77, 80 to 82, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Part 3 of that Act,

(b)sections 71 to 73, 75, 77, 80, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Parts 4 and 5 of the Consumer Rights Act 2022, and

(c)sections 73, 75, 77, 80, 85 to 87 and 90 of the Consumer Protection Act 2007 in relation to Part 6 of the Consumer Rights Act 2022.]

(1C)Subsection (1A)operates to vest in the Commission, concurrently with the vesting in the Agency of those functions by theConsumer Protection Act 2007, the functions specified insubsection (1B).

(1D) Accordingly—

(a) functions so specified are, subject to any relevant co-operation agreement entered into undersection 21of theConsumer Protection Act 2007, capable of being performed by either the Agency or the Commission, and

(b) subject tosubsection (1E), references to the Agency in the provisions of theF35[Consumer Protection Act 2007]specified insubsection (1B)are to be read as including references to the Commission and those provisions otherwise apply.

(1E) Where any section of theConsumer Protection Act 2007specified insubsection (1B)provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Commission as is specified in that agreement.]

F33[(2) The Commission may carry out an investigation referred to insubsection (1)either on its own initiative or on foot of a complaint.]

(3) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions F36[under this or any other Act].

(4) The Commission shall be the national regulatory authority for the purposes of Regulation No. 2887/2000 of 18 December 2000^5 of the European Parliament and of the Council on unbundled access to the local loop.