Communications Regulation (Amendment) Act 2007

“SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

• (1) The Wireless Telegraphy Act 1926:

  • (a) section 2;

  • (b) section 2A;

  • (c) section 3(3B) to 3(3C) (except in relation to television sets);

  • (d) section 3(6);

  • (e) section 5 (except in relation to licensing television sets);

  • (f) section 6 (except in relation to licensing television sets);

  • (g) section 7 (except in relation to licensing television sets);

  • (h) section 8 (except in relation to licensing television sets);

  • (i) Section 9(1) (except in relation to aircraft);

  • (j) section 10A(2);

  • (k) section 12(2) (except in relation to television sets or broadcasting matters or aircraft as appropriate);

  • (l) section 13 (except as regards prosecutions for offences under section 3 in respect of television sets);

• (2) the Broadcasting Authority Act 1960, section 16(3)(a);

• (3) the Wireless Telegraphy Act 1972, sections 5, 7 and 8;

• (4) the Postal and Telecommunications Services Act 1983:

  • (a) section 5(6) (the functions of the Minister in so far as they relate to the company);

  • (b) section 70(2);

• (5) the Radio and Television Act 1988, sections 2, 4, 5 and 7;

• (6) the Broadcasting and Wireless Telegraphy Act 1988, sections 1, 3, 6, 7, 13, 14 and 20;

• (7) the Broadcasting Act 1990, sections 1, 9(1), 12, 16 and 17;

• (8) the Irish Aviation Authority Act 1993, section 70;

• (9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).

PART 2

Statutory Instruments

• (1) Wireless Telegraphy (Business Radio Licence) Regulations 1949 (S.I. No. 320 of 1949);

• (2) Telecommunications Tariff Regulation Order 1996 (S.I. No. 393 of 1996) (as amended by S.I. No. 438 of 1999);

• (3) European Communities (Mobile and Personal Communications) Regulations 1996 (S.I. No. 123 of 1996);

• (4) European Communities (Telecommunications Services Monitoring) Regulations 1997 (S.I. No. 284 of 1997);

• (5) European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997);

• (6) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997);

• (7) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Sound Broadcasting Receivers) Order 1972 (S.I. No. 211 of 1972);

• (8) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Wired Broadcast Relay Stations) Order 1976 (S.I. No. 200 of 1976);

• (9) Wireless Telegraphy (Community Repeater Licence) Regulations 1988 (S.I. No. 83 of 1988);

• (10) Wireless Telegraphy (Radio Link Licence) Regulations 1992 (S.I. No. 319 of 1992);

• (11) Wireless Telegraphy (Cordless Telephones)(Exemption) Order 1997 (S.I. No. 410 of 1997);

• (12) Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997);

• (13) European Communities (Electromagnetic Compatibility) Regulations 1998 (S.I. No. 22 of 1998);

• (14) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998);

• (15) European Communities (Interconnection in Telecommunications) Regulations 1998 to 2000, comprising:

(a)Regulation 3 of the European Communities (Telecommunications) (Amendment) Regulations, 1998 (S.I. No. 286 of 1998);

(b)Regulation 6 of the European Communities (Voice Telephony and Universal Service) Regulations 1999 (S.I. No. 71 of 1999); and

(c)the European Communities (Interconnection in Telecommunications) (Amendment) Regulations 1999 (S.I. No. 249 of 1999);

• (16) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations for Satellite Personal Communications Services (S-PCS)) Order 1998 (S.I. No. 214 of 1998);

• (17) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens’ Band (CB) Radios) Order 1998 (S.I. No. 436 of 1998);

• (18) Wireless Telegraphy Act 1926 (Section 3) (Exemption of DCS 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999);

• (19) Wireless Telegraphy Act 1926 (Section 3) (Exemption of ERMES Paging Receivers) Order 1999 (S.I. No. 108 of 1999);

• (20) Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999);

• (21) Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999);

• (22) European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000);

• (23) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000);

• (24) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations for Satellite Personal Communication Systems operating in bands below 1 GHz (S-PCS<1 GHz)) Order 2000 (S.I. No. 173 of 2000);

• (25) Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000);

• (26) Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001);

• (27) European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001);

• (28) Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) (Postal Levy) Order 2001 (S.I. No. 282 of 2001);

• (29) Wireless Telegraphy Act 1926 (Section 3) (Exemption of certain classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001);

• (30) Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) (Postal Levy) No. 2 Order 2001 (S.I. No. 474 of 2001);

• (31) Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001);

• (32) Wireless Telegraphy (Third Generation and GSM Mobile Telephony Licence) Regulations 2002 (S.I. No. 345 of 2002);

• (33) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002);

• (34) Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002);

• (35) Wireless Telegraphy (Experimenter’s Licence) Regulations 2002 (S.I. No. 450 of 2002);

• (36) European Communities (Postal Services) Regulations 2002 (S.I. No. 616 of 2002);

• (37) Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003);

• (38) Wireless Telegraphy (Fixed Wireless Access Local Area Licence) Regulations 2003 (S.I. No. 79 of 2003);

• (39) European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003 (S.I. No. 305 of 2003);

• (40) European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (S.I. No. 306 of 2003);

• (41) European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (S.I. No. 307 of 2003);

• (42) European Communities (Electronic Communications Networks and Services) (Universal Services and Users’ Rights) Regulations 2003 (S.I. No. 308 of 2003);

• (43) Communications Regulation Act 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003);

• (44) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Fixed Satellite Earth Stations) Order 2003 (S.I. No. 505 of 2003);

• (45) Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003);

• (46) European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003);

• (47) Wireless Telegraphy (UHF Television Programme Retransmission) Regulations 2003 (S.I. No. 675 of 2003);

• (48) Communications Regulation Act 2002 (Section 30) Postal Levy Order 2003 (S.I. No. 733 of 2003);

• (49) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Low Power Aircraft Earth Stations) Order 2004 (S.I. No. 7 of 2004);

• (50) Wireless Telegraphy (Research and Development Licence) Regulations 2005 (S.I. No. 113 of 2005);

• (51) Wireless Telegraphy (Third-Party Trial Licence) Regulations 2005 (S.I. No. 114 of 2005);

• (52) Wireless Telegraphy Act 1926 (Section 3) (Exemption of certain classes of Land Mobile Earth Stations) Order 2005 (S.I. No. 128 of 2005);

• (53) Wireless Telegraphy Act 1926 (Section 3) (Exemption of Receive Only Apparatus for Wireless Telegraphy) Order 2005 (S.I. No. 197 of 2005);

• (54) Wireless Telegraphy (Wideband Digital Mobile Data Services) Regulations 2005 (S.I. No. 642 of 2005);

• (55) Wireless Telegraphy (Third-Party Business Radio Licence) Regulations 2005 (S.I. No. 646 of 2005);

• (56) Wireless Telegraphy (National Point-to-Point and Point-to-Multipoint Block Licences) Regulations 2006 (S.I. No. 296 of 2006);

• (57) Wireless Telegraphy (Wireless Public Address System) Regulations 2006 (S.I. No. 304 of 2006);

• (58) Wireless Telegraphy (Ship Station Radio Licence) Regulations 2006 (S.I. No. 414 of 2006).”.

PART 3 Amendment of Electronic Commerce Act 2000

19. Amendment of section 2 of Electronic Commerce Act 2000 (interpretation).

19.— Section 2 of the Electronic Commerce Act 2000 is amended by inserting the following definition after the definition of “certification service provider”:

“ ‘Commission’ means the Commission for Communications Regulation established under the Communications Regulation Act 2002;”.

20. Amendment of section 4 of the Electronic Commerce Act 2000 (laying of orders and regulations before Houses of Oireachtas).

20.— Section 4 of the Electronic Commerce Act 2000 is amended by substituting “Every order made under this Act (other than an order made under section 1(2)), and every regulation made under section 3 or 32,” for “Every order (other than an order made under section 1(2)) or regulation made by the Minister under section 3”.

21. Substitution of Part 4 of Electronic Commerce Act 2000.

21.— The Electronic Commerce Act 2000 is amended by substituting the following Part for Part 4 (section 31):

“PART 4

Registration of Domain Names

Interpretation: Part 4.

31.— In this Part, ‘ “.ie” domain name’ means the top level of the global domain name system assigned to Ireland according to the two-letter code in the International Standard ISO 3166-1 (Codes for Representation of Names of Countries and their Subdivision) of the International Organisation for Standardisation.

Registration of ‘.ie’ domain names.

32.— (1) The purpose of this Part is to facilitate easy comprehension, fairness, transparency, avoidance of deception, promotion of fair competition and public confidence with respect to the use of ‘.ie’ domain names.

• (2) A person shall not use an ‘.ie’ domain name unless the name is registered in accordance with regulations made under this section.

• (3) The Commission may make regulations for the purposes of this section, but only after consultation with the Minister for Enterprise, Trade and Employment and such other persons and public bodies (if any) as the Commission thinks appropriate.

• (4) In particular, regulations under subsection (3) may do all or any of the following:

  • (a) specify an entity as the authority authorised to register ‘.ie’ domain names;

  • (b) prescribe the form and manner in which an application for registration or renewal of registration of an ‘.ie’ domain name is to be made;

  • (c) prescribe the circumstances and manner in which, the terms on which and the period for which an ‘.ie’ domain name may be registered;

  • (d) prescribe the circumstances and manner in which, the terms on which and the period for which registration of an ‘.ie’ domain name may be renewed;

  • (e) prescribe the circumstances and manner in which an application for registration or renewal of registration of an ‘.ie’ domain name can be refused by the registering authority;

  • (f) empower the registering authority to revoke the registration of an ‘.ie’ domain name in specified circumstances;

  • (g) confer a right of appeal against—

    • (i) a refusal of an application for registration or a renewal of registration of an ‘.ie’ domain name, and

    • (ii) the revocation of the registration of such a name;

  • (h) provide for the procedure for hearing and determining appeals;

  • (i) prescribe the fees (if any) to be paid on registering and renewing the registration of an ‘.ie’ domain name and the time within which and the manner in which such fees are to be paid;

  • (j) provide for such other matters relating to registration as appear to the Commission to be necessary or desirable for the purposes of this section.

• (5) The regulations shall provide that persons who have registered ‘.ie’ domain names before the regulations came into operation are taken to have registered those names in accordance with the regulations.

• (6) A person who contravenes subsection (2), or contravenes a regulation made under this section, is liable on summary conviction to a fine not exceeding €5,000.

Commission may impose levy.

33.— (1) In order to provide a fund to meet the expenses properly incurred by the Commission in performing its function with respect to the use of ‘.ie’ domain names, the Commission may, by order, impose a levy on the entity authorised to register ‘.ie’ domain names in the State. The order shall specify the deadline for payment of such a levy.

• (2) While an order made under subsection (1) remains in force, the entity shall, before the deadline specified in the order, pay to the Commission the amount of levy so specified.

• (3) If the entity fails to pay a levy by the deadline fixed for payment, the Commission may, by proceedings brought in a court of competent jurisdiction, recover from the entity the amount of the levy as a debt due to the Commission.

Commission to have access to domain database.

34.— The Commission is at all times entitled to have access to all internet ‘.ie’ domain name databases and any associated records.

Power of Commission to designate interim registration authority.

35.— (1) If the Commission considers it necessary to do so, it may, with the consent of the Minister, designate a person on an interim basis as the registration authority for the purposes of regulations in force under section 32.

• (2) A designation under subsection (1) or subsection (3) is to be for a period not exceeding 12 months and is to be on such terms as may be specified in the designation.

• (3) A designation under subsection (1) or this subsection may, with the consent of the Minister, be renewed for a further period not exceeding 12 months on such terms as may be specified in the renewal of the designation.

• (4) This section has effect despite anything to the contrary in regulations in force under section 32.”.

PART 4 Amendment of Competition Act 2002

22. Amendment of section 3 of Competition Act 2002 (interpretation).

22.— Section 3 of the Competition Act 2002 is amended as follows:

• (a) by inserting in subsection (1) the following definition before the definition of “authorised officer”:

“ ‘associated facilities’, in relation to an electronic communications undertaking, has the same meaning as in section 2(1) of the Communications Regulation Act 2002 (No. 20 of 2002);”;

• (b) in subsection (1), by repealing the definition of “Commission”;

• (c) by inserting in subsection (1) the following definitions before the definition of “conditional determination”:

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;

‘competent authority’—

• (a) except as provided by paragraph (b), means the Competition Authority, and

• (b) if the Competition Authority and the Commission have, under section 47E, agreed that the Commission should, in relation to a particular matter, perform the functions conferred on the relevant authority by Part 2, or the Minister has made a determination under that section that the Commission should exercise those functions in relation to that matter, also means the Commission;

‘Competition Authority’ means the Authority continued by section 29;”;

• (d) by inserting in subsection (1) after the definition of “director” the following definitions:

“ ‘electronic communications network’ has the same meaning as in section 2 of the Communications Regulation Act 2002;

‘electronic communications service’ has the same meaning as in section 2 of the Communications Regulation Act 2002;

‘electronic communications undertaking’ means an undertaking that provides an electronic communications network or an electronic communications service or associated facilities;”.

23. Amendment of section 4 of Competition Act 2002 (anti-competitive agreements, decisions and concerted practices).

23.— Section 4 of the Competition Act 2002 is amended as follows:

• (a) by substituting the following subsection for subsection (3):

• “(3) Either competent authority may in writing declare that in its opinion a specified category of agreements, decisions or concerted practices complies with the conditions referred to in subsection (5), but only with the concurrence of the other competent authority. If the competent authority that made the declaration later forms the opinion that the category no longer complies with those conditions, it may revoke the declaration, but only with the concurrence of the other competent authority.”;

• (b) in subsection (4), by substituting “the competent authority” for “the Authority”.

24. Amendment of section 6 of Competition Act 2002 (offence in respect of breach of section 4(1) or Article 81(1) of the Treaty).

24.— Section 6 of the Competition Act 2002 is amended by substituting “European Commission” for “Commission” wherever occurring.

25. Amendment of section 8 of Competition Act 2002 (penalties and proceedings in relation to offences under section 6 and 7).

25.— Section 8 of the Competition Act 2002 is amended as follows:

• (a) in subsection (4)—

• (i) by substituting “the competent authority” for “the Authority”, where firstly occurring, and

• (ii) by substituting “that authority” for “the Authority”, where secondly, thirdly, fourthly and fifthly occurring;

• (b) in subsections (5) and (9), by substituting “the competent authority” for “the Authority”.

26. Amendment of section 13 of Competition Act 2002 (admissibility of statements contained in certain documents).

26.— Section 13 of the Competition Act 2002 is amended by substituting the following paragraph for paragraph (b) of subsection (3):

• “(b) has been prepared otherwise than in response to any enquiry made or question put by a member or officer of the competent authority, a member of the Garda Síochána, an officer of the European Commission or an authorised officer relative to any matter the subject of those proceedings.”.

27. Amendment of section 14 of Competition Act 2002 (right of action for breaches of competition rules).

27.— Section 14 of the Competition Act 2002 is amended by substituting “the competent authority” for “the Authority”, wherever occurring.

28. Amendment of section 18 of Competition Act 2002 (obligation to notify certain mergers and acquisitions).

28.— Section 18 of the Competition Act 2002 is amended as follows:

• (a) in subsections (13) and (14), by substituting“the European Commission” for “the Commission”;

• (b) in subsection (14), by substituting “that Commission’s” for “the Commission’s”.

29. Amendment of section 34 of Competition Act 2002 (provisions for co-operation between the Authority and statutory bodies).

29.— Section 34 of the Competition Act 2002 is amended by inserting the following subsection after subsection (12):

• “(13) To the extent that a cooperation agreement entered into under this section is inconsistent with a cooperation agreement to which section 47G (inserted by section 31 of the Communications Regulation (Amendment) Act 2007) applies, the second-mentioned cooperation agreement shall apply.”.

30. Substitution of section 47 of Competition Act 2002.

30.— The Competition Act 2002 is amended by substituting the following section for section 47:

“Power to disclose certain information relating to offences under this Act.

47.— (1) An authorised person may disclose to the Authority, a member of the Authority, a member of the Authority’s staff or an authorised officer of the Authority any information that, in the person’s opinion, relates to the commission of an offence against this Act.

• (2) However, in the case of an offence under section 6 or 7 relating to the provision of an electronic communications service or electronic communications network, or associated facilities, an authorised person may also disclose the information to the Commission, a member of the Commission or a member of the Commission’s staff.

• (3) This section has effect despite any other law to the contrary.

• (4) In this section, ‘ authorised person ’ means—

  • (a) the Director of Corporate Enforcement, or

  • (b) a member of the Garda Síochána, or

  • (c) a person, or a person belonging to a class of persons, designated under subsection (5).

• (5) The Minister may, by notice published in Iris Oifigiúil, designate a person or a class of persons for the purpose of paragraph (c) of the definition of ‘authorised person’ in subsection (4).”.

31. Insertion into Competition Act 2002 of new Part4A.

31.— The Competition Act 2002 is amended by inserting the following Part after section 47:

“PART 4A

Performance of Functions of Commission Under this Act

Function of the Commission to investigate complaints relating to the electronic communications market.

47A.— The Commission has, in addition to its other functions under this Act or any other enactment, the function of investigating, either on its own initiative or in response to a complaint made to it by any person, the existence of an agreement, decision or practice of a kind specified in section 4, or the occurrence of an abuse of the kind specified in section 5, involving the provision of an electronic communications service or electronic communications network, or associated facilities.

Delegation of functions of Commission.

47B.— (1) Except as provided by subsection (2), the Commission may delegate the performance of any of its functions under this Act to any member of the Commission or any member of the Commission’s staff.

• (2) The Commission may not delegate the performance of—

  • (a) its function under section 4(3), or

  • (b) the power to prosecute an offence under section 6 or 7, or for relief under section 14.

  Commission to notify Authority before acting under this Act.

  47C.— Before performing any of its functions under this Act, the Commission shall notify the Authority in writing of its intention to perform that function.

  Responsibilities of Authority with respect to notifying existence of certain agreements, decisions, practices and abuses.

  47D.— (1) If—

  • (a) at any time the Authority suspects on reasonable grounds that there exists or has existed an agreement, decision or practice of a kind specified in section 4, or there is occurring or has occurred an abuse of the kind specified in section 5, and

  • (b) it appears to the Authority that the agreement, decision or practice, or the abuse, relates to the provision of an electronic communications service or electronic communications network, or an associated facility,

  it shall notify its suspicion in writing to the Commission, together with particulars setting out the basis for the suspicion.

• (2) If at any time the Commission suspects on reasonable grounds that there exists or has existed an agreement, decision or practice of a kind specified in section 4, or there is occurring or has occurred an abuse of the kind specified in section 5, it shall notify that suspicion in writing to the Authority. This subsection applies irrespective of whether it appears to the Commission that the suspected breach relates to the provision of an electronic communications service or electronic communications network, or an associated facility.

Authority and Commission to make every effort to settle disputed questions.

47E.— (1) The Authority and the Commission shall make every effort to settle by agreement any question arising as to which of them should perform the functions conferred on a competent authority by Part 2 (section 4(3) excepted) that may relate to the provision of an electronic communications service or electronic communications network, or associated facilities.

• (2) If at any time the Authority or the Commission considers that the question cannot be resolved by agreement, it may refer the question for resolution by the Minister.

• (3) As soon as practicable after the question has been referred under subsection (2), the Minister shall determine the question and then notify the Authority and the Commission of the determination. In making a determination, the Minister shall—

  • (a) consult with the Minister for Communications, Marine and Natural Resources, and

  • (b) take into account any representations made with respect to the question by the Authority or the Commission.

• (4) The determination of the Minister under subsection (3) is final.

Undertaking not liable to be prosecuted by both Authority and Commission for same offence.

47F.— If an undertaking that provides an electronic communications service or electronic communications network, or associated facilities, is being, or has been, prosecuted for an offence under section 6 or 7 by the Authority or by the Commission, the undertaking is not liable to be prosecuted for the same offence by the other of those entities.

Co-operation agreement between Authority and the Commission with respect to performing their respective functions under this Act.

47G.— (1) As soon as practicable after the commencement of this Part, the Authority and the Commission shall enter into negotiations for a co-operation agreement that will—

- (*a*) facilitate the performance of their respective functions under this Act, and

- (*b*) avoid duplicating activities by the Authority and the Commission in relation to the performance of those functions, and

- (*c*) ensure, as far as practicable, consistency between decisions made, and other steps taken, by the Authority and the Commission so far as any part of those decisions or steps relates to the performance of those functions.

• (2) As far as practicable, a co-operation agreement shall—

  • (a) require the Authority and the Commission to consult each other before performing any of their respective functions under this Act if the performance of the functions concerned involves the same issues, and

  • (b) enable the Authority and the Commission to provide each other with information in its possession if the information is required by the other to perform its functions under this Act.

• (3) The Authority and the Commission may vary a co-operation agreement by further agreement.

• (4) The Authority and the Commission shall respectively provide the Minister for Enterprise, Trade and Employment and the Minister for Communications, Marine and Natural Resources with a copy of a co-operation agreement, or a variation of such an agreement, as soon as practicable after the agreement or variation has been entered into.

• (5) A co-operation agreement, and any variation to it, is to be in writing.

• (6) As soon as practicable after a co-operation agreement, or variation of the agreement, is entered into, the Authority and the Commission shall publish in such manner as they think appropriate a notice to the effect that the agreement or variation has been entered into. The notice shall state—

  • (a) that a copy of the agreement or variation can be inspected at premises of the Authority and premises of the Commission, or by a means, specified in the notice, and

  • (b) that a copy of the agreement or variation can be purchased from either the Authority or the Commission in a manner so specified.

  However, if either the Authority or the Commission has complied with this subsection, the other of them is taken to have so complied.

• (7) As soon as practicable after a co-operation agreement, or a variation of the agreement, is entered into, the Authority shall arrange for a copy of the agreement or variation to be laid before each House of the Oireachtas.

• (8) The Authority and the Commission shall each make available to members of the public copies of a co-operation agreement, or a variation of the agreement, for inspection and for purchase (at a cost not exceeding the reasonable cost of making a copy and the cost (if any) of posting it).

• (9) If information is provided by the Authority or the Commission under a co-operation agreement to which this section applies, any enactment restricting or prohibiting the disclosure of that information by the provider of the information also applies to the receiver of the information.”.

32. Amendment of Schedule 1 to Competition Act 2002.

32.— Schedule 1 to the Competition Act 2002 is amended by—

• (a) the deletion of the item of the Schedule relating to the Director of Telecommunications Regulation, and

• (b) the substitution—

• (i) in column (1), of “Commission for Communications Regulation” for “Director of Telecommunications Regulation”, and

• (ii) in column (2), of “Minister for Communications, Marine and Natural Resources” for “Minister for Public Enterprise” wherever it occurs.

SCHEDULE 1 Consequential Amendment of Certain Acts

Section 4(2).

PART 1 Amendment of Wireless Telegraphy Act 1926

PART 2 Amendment of Post Office (Amendment) Act 1951

PART 3 Amendment of Broadcasting Authority Act 1960

PART 4 Amendment of Wireless Telegraphy Act 1972

PART 5 Amendment of Postal and Telecommunications Services Act 1983

PART 6 Amendment of Broadcasting and Wireless Telegraphy Act 1988

PART 7 Amendment of Radio and Television Act 1988

PART 8 Amendment of Broadcasting Act 1990

PART 9 Amendment of Irish Aviation Authority Act 1993

PART 10 Amendment of Telecommunications (Miscellaneous Provisions) Act 1996

SCHEDULE 2 Consequential Amendment of Certain Statutory Instruments

Section 4(3).

PART 1 Amendment of European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

PART 2 Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

PART 3 Amendment of Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

PART 4 Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

PART 5 Amendment of European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000)

PART 6 Amendment of European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)