Communications Regulation Act 2002

58C.—(1) An entity that forwards emergency calls to the ECAS operator during a month shall, within 45 days after the end of that month, pay to that operator the call handling fees charged by that operator for emergency calls forwarded by the entity during that month.

(2) The maximum amount that the ECAS operator may charge for forwarding an emergency call is—

(a) during the first 2 years of the ECAS contract, the amount specified in that contract, and

(b) during the remainder of the period for which that contract is in force, the amount determined by the Commission undersection 58D.

(3) If a call handling fee is not paid by the deadline fixed for payment, the ECAS operator may, by proceedings brought in a court of competent jurisdiction, recover the amount of the fee as a debt due to that operator.

(4) A call handling fee is payable in respect of an emergency call even if the call is not forwarded to the emergency service concerned.]

58D. F161[Commission to conduct review of maximum call handling fee.

58D.—(1) Not later than 2 months before the second anniversary of the date on which an ECAS contract was entered into, and not later than 2 months before each subsequent anniversary of that date while the contract remains in force, the Commission shall conduct a review of the maximum permitted call handling fee that the ECAS operator can charge for handling emergency calls.

(2) As soon as practicable after conducting a review in accordance withsubsection (1), the Commission shall determine the maximum call handling fee that the ECAS operator can charge for handling emergency calls during the period of 12 months beginning with the date of the relevant anniversary of the date on which the ECAS contract was entered into. In determining that fee, the Commission may either confirm the existing maximum call handling fee or, after consulting the ECAS operator, determine a higher or lower maximum fee.

(3) In making a determination undersubsection (2), the Commission shall have regard to—

(a) the need for the ECAS operator to cover the reasonable costs likely to be incurred by it in operating the service and, in particular, to recover a guaranteed rate of return for providing the ECAS, and

(b) the cost likely to be incurred by the Commission in monitoring the ECAS.]

58E. F162[ECAS operator to pay reasonable costs of Commission in monitoring service.

58E.—(1) The ECAS operator shall pay to the Commission such amount as the Commission certifies in writing as being the amount it has reasonably incurred in monitoring the operation of the ECAS during a specified period.

(2) The ECAS operator shall pay such an amount by such date, or within such period, as the Commission specifies in the certificate or separately notifies in writing to that operator.

(3) If an amount payable under this section is not paid by the deadline fixed for payment, the Commission may, by proceedings brought in a court of competent jurisdiction, recover the amount as a debt due to the Commission.]

58F. F163[ECAS operator not liable for certain actions done in good faith.

58F.—An ECAS operator is not liable in damages to any person for any act done or omitted to be done in the course of operating the ECAS unless it is established that the act was done or omitted in bad faith or with gross negligence.]

58G. F164[Commission to report to Minister on operation of service.

58G.—The Commission shall provide the Minister with a report concerning the operation of the ECAS at such times, or within such periods, as the Minister specifies in writing to the Commission. If an event occurs with respect to the operation of the ECAS and the Commission considers that the Minister should be made aware of the event, the Commission shall provide the Minister with a report on the event.]

58H. F165[Interim measure pending the Minister entering into contract under section 58B.

58H.—(1) In this section—

"call handling fee" means a fee fixed undersubsection (2), and includes that amount as varied under that subsection;

"current operator", in relation to the emergency call answering service operating at the commencement of this section, means Eircom plc;

"payment period" means the period beginning with the date on which an order made undersubsection (2)takes effect and ending with—

(a) the date (as publicly notified by the Minister) on which a contract entered into undersection 58Bbecomes fully effective, or

(b) the day that falls 18 months after the date on which the order takes effect, or such extended period as the Minister may allow,

whichever first occurs.

(2) The Commission may, by notice published in theIris Oifigiúil, fix the amount of the call handling fee payable undersubsection (5), and may from time to time, by similar order, vary the amount of that fee. In fixing the amount of the fee, the Commission shall take into account the need to ensure the effectiveness and efficiency of the operator of the service.

(3) An order made undersubsection (2)ceases to have effect at the end of the payment period.

(4) Before making an order undersubsection (2)(including an order varying the call handling fee), the Commission shall convene one or more meetings to which it must invite all undertakings that carry on business in the State and such users of electronic communications services as it thinks appropriate.

(5) During the payment period, each entity that forwards emergency calls to the current operator during a month or part of a month that falls during that period, shall, within 45 days after the end of that month, pay to that operator for each of those calls a call fee fixed in accordance withsubsection (2).

(6) If call handling fees are not paid by the deadline fixed for payment, the current operator may, by proceedings brought in a court of competent jurisdiction, recover as a debt due to that operator any amount of fees that remain outstanding.

(7) A call handling fee is payable in respect of an emergency call even if the call is not forwarded to the emergency service concerned.

(8) To enable the Minister to award and enter into an ECAS contract, the current operator shall, so far as it is able to do so, provide the Minister with such co-operation and assistance as the Minister reasonably requires in writing.

(9) If it appears to the Minister that the current operator is failing to provide the level of co-operation and assistance required undersubsection (8), the Minister may apply to the High Court to make a compliance order undersubsection (12). Such an application is to be by motion.

(10) The High Court may hear the application only if it is satisfied that a copy of the application has been served on the current operator. On being served with such a copy, the current operator becomes the respondent to the application.

(11) The High Court may make such interim or interlocutory order as it considers appropriate pending determination of an application made undersubsection (9). The Court may not refuse interim or interlocutory relief merely because the Minister may not suffer damage if relief were not granted pending determination of the application.

(12) On the hearing of an application made undersubsection (9), the High Court may make an order requiring the current operator to comply with the relevant requirements or may refuse the application.

(13) If the High Court makes an order undersubsection (12), it may make such ancillary orders as it considers appropriate.]

F166[PART 7 Miscellaneous Provisions ] Annotations Amendments: F166 Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 17, S.I. No. 224 of 2007.

59. Repeals and revocation.

59.—(1) The enactments mentioned in column (2) of Schedule 2 are repealed to the extent mentioned in column (3) of that Schedule.

(2) Regulation 12 of the European Communities (Interconnection in Telecommunications) Regulations 1998 (S.I. No. 15 of 1998) is revoked.

60. Service of notices.

F167[60.(1) Where a notice is required to be given to a person under this Act, the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 or a related enactment, the notice shall be given in one of the following ways:

(a) by delivering it to the person (where the person is an individual);

(b) by leaving it addressed to the person at a relevant address;

(c) by sending it, addressed to the person, to a relevant address by pre-paid registered post or other pre-paid recorded delivery service;

(d) by sending it to the person by electronic means in accordance withsubsection (5).

(2) Insubsection (1)(b)and(c), "relevant address" means any of the following:

(a) the address at which the person ordinarily resides;

(b) an address at which the person carries on business;

(c) a postal address at which the person has agreed in writing to receive notices under this Act or a related enactment.

(3) For the purposes ofsubsection (2)(a), a company registered under the Companies Act 2014, or an existing company within the meaning of that Act, is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

(4) For the purposes ofsubsection (1)(d), a notice is sent to a person by electronic means in accordance with this subsection if—

(a) it is sent to an email address, fax number, or other electronic contact point, at which the person has agreed in writing to receive notices under this Act, and

(b) a record that the email, fax, or other electronic message has been sent is made for the sender by the email system, fax machine, or other electronic system used.

(5) A notice to whichsubsection (1)applies—

(a) if given in accordance withsubsection (1)(a), is given at the time when it is delivered,

(b) if given in accordance withsubsection (1)(b), is given at the time when it is left at the relevant address,

(c) if given in accordance withsubsection (1)(c), is deemed, unless the contrary is proved, to be given at the time when it would be delivered in the ordinary course of the post or other service used, and

(d) if given in accordance withsubsection (1)(d), is deemed, unless the contrary is proved, to be given at the time stated in the record referred to insubsection (4)(b).

(6) In this section, "notice" includes notification.]

61. F168[Privileged legal material

61.(1) Subject tosubsection (2), nothing in this Act or a related enactment shall compel the disclosure by any person of privileged legal material or authorise the taking of privileged legal material.

(2) The disclosure of information may be compelled, or possession of it taken, pursuant to this Act or a related enactment, notwithstanding that it is apprehended that the information is privileged legal material, provided that the compelling of its disclosure or the taking of its possession is done by means whereby the confidentiality of the information can be maintained (as against the person compelling such disclosure or taking such possession) pending the determination by the High Court of the issue as to whether the information is privileged legal material.

(3) Without prejudice tosubsection (4), where, in the circumstances referred to insubsection (2), information has been disclosed or taken possession of pursuant to this Act or a related enactment, the person—

(a) to whom such information has been so disclosed, or

(b) who has taken possession of it, shall (unless the person has, within the period subsequently mentioned in this subsection, been served with notice of an application undersubsection (4)in relation to the matter concerned) apply to the High Court as soon as is reasonably practicable for a determination as to whether the information is privileged legal material.

(4) A person who, in the circumstances referred to insubsection (2), is compelled to disclose information, or from whose possession information is taken, pursuant to this Act, may apply to the High Court for a determination as to whether the information is privileged legal material.

(5) Pending the making of a final determination of an application undersubsection (3)or(4), the High Court may give such interim or interlocutory directions as the court considers appropriate including, without prejudice to the generality of the foregoing, directions as to—

(a) the preservation of the information, in whole or in part, in a safe and secure place in any manner specified by the court,

(b) the appointment of a person with suitable legal qualifications possessing the level of experience, and the independence from any interest falling to be determined between the parties concerned, that the court considers to be appropriate for the purpose of—

(i) examining the information, and

(ii) preparing a report for the court with a view to assisting or facilitating the court in the making by the court of its determination as to whether the information is privileged legal material.

(6)Subsections (1)to(5)also apply to irrelevant material and references in those subsections to "privileged legal material" shall be construed as referring to irrelevant material as the case may be.

(7) An application undersubsection (3),(4)or(5)shall be by motion and may, if the High Court directs, be heard otherwise than in public.

(8) In this section—

"computer" includes a personal organiser or any other electronic means of information storage or retrieval;

"information" means information contained in a book, document or record, a computer or otherwise;

"irrelevant material" means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds that it is not relevant to the purpose for which it is sought by the Commission;

"privileged legal material" means information which, in the opinion of the High Court, a person is entitled to refuse to produce on the grounds of legal professional privilege.]

62. F169[Freedom of Information Act not to apply to certain confidential information

62.The Freedom of Information Act 2014 shall not apply to information classified as confidential which the Commission receives from the European Commission or from the national regulatory authority or competent authority of another Member State in accordance with Article 20 of Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018^8.]

63. F170[Publication of certain notices

63.Before taking any measure in accordance with Directive 2018/1972 of the European Parliament and of the Council of 11 December 2018^9which will have a significant impact on a relevant market, the Commission shall publish the text of the proposed measure, give the reasons for it, including information as to which of the Commission’s statutory powers gives rise to the measure, and specify the period within which submissions relating to the proposal may be made by interested parties.]