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S.I. No. 444/2022 - European Union (Electronic Communications Code) Regulations 2022

Type Statutory Instrument

Publication 2022-09-09

Last updated 2025-06-03

State In force superseded text

Text As published

Source Irish Statute Book

articles 113

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

6 amending acts · 2025-06-03, S.I. No. 237/2025 - Telecommunications (Transfer of Departmental Administration and Minis…

Reform history JSON API

(4) The Regulator may request the RSPG to adopt a report on how a draft measure achieves the objectives provided for in paragraph (3), reflecting the views exchanged in the Peer Review Forum.

(5) Following a Peer Review Forum, the Regulator may request the RSPG to adopt an opinion on the draft measure.

Harmonised assignment of radio spectrum

20.

(1) When granting a right of use for radio spectrum in relation to which —

(a) the harmonised usage of the radio spectrum involved in accordance with any international agreements or European Union rules,

(b) any relevant access conditions and procedures under any international agreements or European Union rules, or

apply, the Regulator shall grant the right of use for such radio spectrum in accordance therewith and shall not impose any further conditions, additional criteria or procedures which would restrict, alter or delay the grant of the right of use concerned provided that all conditions which may be specified by the Regulator to be complied with by the holder of the right of use in the State have been satisfied.

Joint authorisation process to grant individual rights of use for radio spectrum

21.

(1) The Regulator may, taking into account any interest expressed by market participants, cooperate with the competent authorities of two or several Member States, and with the RSPG, by jointly establishing the common aspects of an authorisation process and, where appropriate, also jointly conducting the selection process to grant individual rights of use for radio spectrum.

(2) When designing the joint authorisation process in accordance with paragraph (1), the Regulator shall take into consideration the following criteria:

(a) the individual national authorisation processes shall be initiated and implemented by the competent authorities or national regulatory authorities in accordance with a jointly agreed schedule;

(b) it shall provide, where appropriate, for common conditions and procedures for the selection and granting of individual rights of use for radio spectrum among the Member States concerned;

(c) it shall provide, where appropriate, for common or comparable conditions to be attached to the individual rights of use for radio spectrum among the Member States concerned, inter alia allowing users to be assigned similar radio spectrum blocks;

(d) it shall be open at any time to other Member States until the joint authorisation process has been conducted.

(3) Where, in spite of the interest expressed by market participants, the Regulator does not act jointly to establish the common aspects of an authorisation process, it shall inform those market participants of the reasons for not doing so.

CHAPTER 4 Harmonisation procedures

Harmonisation procedures

22.

(1) The Regulator and other competent authorities shall, in carrying out their tasks under these Regulations, take the utmost account of any recommendations of the European Commission adopted under Article 38(1) of the Directive.

(2) Where the Regulator or other competent authority chooses not to follow any such recommendation, it shall inform the European Commission giving the reasons for its position and shall so inform the Minister.

Standardisation

23.

(1) A provider of electronic communications networks, electronic communications services, associated facilities or associated services is encouraged to use the non-compulsory standards or specifications drawn up and published by the European Commission in accordance with Article 39 of the Directive for the provision of any or all of the following —

(a) services,

(b) technical interfaces, or

to the extent strictly necessary to ensure interoperability of services, end-to-end connectivity, facilitation of provider switching and portability of numbers and identifiers, and to improve freedom of choice for users.

(2) In the absence of publication of standards or specifications in accordance with Article 39(1) of the Directive, a provider is encouraged to implement standards or specifications adopted by the European standardisation organisations.

(3) In the absence of such standards or specifications, the Regulator shall encourage the implementation of international standards or recommendations adopted by the ITU, CEPT, the International Organisation for Standardisation (ISO) and the International Electrotechnical Commission (IEC).

(4) Any standards or specifications referred to in this Regulation shall not prevent access as may be required under the Directive, where feasible.

(5) The Regulator may publish such guidance or advice as it considers appropriate for the purposes of this Regulation.

(6) This Regulation does not apply in respect of any of the essential requirements, interface specifications or harmonised standards to which the European Union (Radio Equipment) Regulations 2017 ( S.I. No. 248 of 2017 ) apply.

Part 5 MARKET ENTRY AND DEPLOYMENT

CHAPTER 1 Fees

Fees for rights of use for radio spectrum and rights to install facilities

24.

(1) The Regulator may, subject to sections 13 and 37 of the Act of 2002, impose fees for rights of use for radio spectrum, which reflect the need to ensure the optimal use of that radio spectrum. Where the Regulator intends to impose such fees, the Regulator shall publish on the website of the Regulator the proposal and allow any person affected by the proposal 28 days to make comments. The Regulator shall consider the comments and, if it considers it appropriate, consult with the person making them.

(2) The Regulator shall ensure that any such fees referred to in paragraph (1) are objectively justified, transparent, non-discriminatory and proportionate in relation to their intended purpose and shall take into account the objectives of the Regulator as set out in section 12 of the Act of 2002 and the general objectives of the Directive and these Regulations.

(3) With respect to rights of use for radio spectrum, the Regulator shall seek to ensure that applicable fees are set at a level which ensures efficient assignment and use of radio spectrum by:

(a) setting reserve prices as minimum fees for rights of use for radio spectrum by having regard to the value of those rights in their possible alternative uses;

(b) taking into account costs entailed by conditions attached to those rights; and

(c) applying, to the extent possible, payment arrangements linked to the actual availability for use of the radio spectrum.

(4) When establishing fees for rights of use for radio spectrum, the Regulator shall take account of the mechanism provided for under paragraphs (2) to (9) of Regulation 31.

(5) A charge imposed by the NRA or a road authority for a consent under section 53 of the Act of 2002 —

(a) may reflect the need to ensure the optimal use of the relevant road, but

(b) shall be objectively justified, transparent, non-discriminatory and proportionate in relation to its intended purpose and shall take into account, the general objectives of the Directive and of these Regulations.

(6) Any fees imposed under this Regulation by the Regulator, the NRA or by a road authority shall be published on the website of the Regulator and in such other manner as the Regulator may decide.

CHAPTER 2 Access to land

Co-location and sharing of network elements and associated facilities for providers of electronic communications networks

25.

(1) Following a request to do so by an operator, the Regulator shall, subject to paragraph (7), make a decision whether or not to impose obligations on an operator who holds rights to install facilities, in relation to co-location or sharing of the network elements or associated facilities installed on that basis, where it is necessary to do so in order to —

(a) protect the environment,

(b) protect public health,

(d) meet objectives of the statutory planning system in the State.

(2) Obligations imposed under paragraph (1) shall be limited to the specific areas where co-location or sharing is necessary for the purpose of the objectives referred to in that paragraph and may include obligations to share network elements or associated facilities installed and sharing of property, including land, buildings, entries to buildings, building wiring, masts, antennae, towers and other supporting constructions, ducts, conduits, manholes, cabinets or measures facilitating the coordination of public works.

(3) An operator may only make a request under paragraph (1) having taken reasonable steps to reach an agreement on co-location or sharing of the network elements and associated facilities with the operator who holds the right mentioned in paragraph (1).

(4) Before making a request for the purpose of paragraph (1), the operator shall —

(a) in the case of a consent under section 53 of the Act of 2002, obtain and furnish to the Regulator an opinion from a road authority or the NRA that the proposed obligations of co-location or sharing of the network elements or associated facilities would protect the environment, public health or public security or meet town and country planning objectives, or

(b) in the case of a licence under section 254 of the Act of 2000, provide the Regulator with —

(i) a copy of the relevant licence, which must include a condition permitting the co-location or sharing of network elements or facilities sought to be imposed, or

(ii) in the absence of such a copy, a statement from the local authority which granted the licence, that the condition referred to in subparagraph (i) is satisfied.

The Regulator may also consult with such other authority as it considers appropriate.

(5) An opinion required to be obtained under paragraph (4)(a) shall be provided by the authority concerned without undue delay.

(6) A decision under paragraph (1) may be made by the Regulator only after an appropriate period of public consultation as may be specified by the Regulator during which all interested parties shall be given an opportunity to express their views. The decision shall be notified to the interested parties that expressed views and the road authority, local authority or the NRA, as appropriate.

(7) With regard to any request made to the Regulator for a decision in accordance with paragraph (1), the Regulator may, having carried out a preliminary examination of the matter, decline to do so, giving reasons for the decision to the parties concerned, where it considers that —

(a) the request for a decision is trivial or vexatious, or

(b) the person making the request has not taken reasonable steps to reach an agreement on co-location or sharing of the network elements and associated facilities in accordance with paragraph (3).

(8) The Regulator shall make a decision regarding whether or not to impose co-location or sharing of the network elements or associated facilities on an operator who holds rights mentioned in paragraph (1) in accordance with procedures established and maintained by it and the procedures shall be made available, on a request being made for that purpose, to interested parties free of charge.

(9) In making a decision under paragraph (1) the Regulator may impose conditions including, without limitation —

(a) conformity with the relevant standards relating to establishment, operation, maintenance and repair of electronic communications infrastructure and physical infrastructure,

(b) compliance with essential requirements or the maintenance of the quality of electronic communications services or both, or

and the Regulator shall notify, in writing, the parties concerned of the reasons for such conditions.

(10) The Regulator shall, for the purposes of this Regulation —

(a) coordinate the process provided for,

(b) act as a single information point, and

(11) A decision imposing an obligation in accordance with this Regulation shall be made in an objective, transparent, non-discriminatory and proportionate manner.

(12) The Regulator and the authorities referred to in paragraph (4) shall consult as appropriate and cooperate with each other for the purposes of this regulation.

Publication of information

26.

(1) The Regulator shall ensure that all relevant information on rights, conditions, procedures, charges, fees and decisions concerning general authorisations, rights of use and rights to install facilities is published and kept up to date in an appropriate manner in order to provide easy access to that information for all interested parties.

(2) The Regulator shall make all reasonable efforts, having regard to the costs involved, to create a user-friendly overview of information regarding procedures and conditions relating to rights to install facilities in order to facilitate applications for such rights.

CHAPTER 1 Authorisations

Management of radio spectrum

27.

(1) The Regulator shall, subject to any directions issued by the Minister under section 13 of the Act of 2002 and having regard to its objectives under section 12 of the Act of 2002, Regulation 4 and Article 4 of the Directive, ensure —

(a) the effective management of radio spectrum for electronic communications networks and services,

(b) that the allocation of, the issuing of general authorisations in respect of, and the granting of individual rights of use for radio spectrum for electronic communications networks and services are based on objective, transparent, pro-competitive, non-discriminatory and proportionate criteria, and

(c) that harmonisation of the use of radio spectrum by electronic communications networks and services across the European Union is promoted, consistent with the need to ensure its effective and efficient use and in pursuit of benefits for the consumer such as competition, economies of scale and interoperability of networks and services, having regard to all decisions and measures adopted by the European Commission in accordance with the Radio Spectrum Decision, inter alia, by:

(i) pursuing wireless broadband coverage of the State and its population at high quality and speed, as well as coverage of major national and European transport paths, including trans-European transport network as referred to in Regulation (EU) No. 1315/2013 of the European Parliament and of the Council of 11 December 2013¹⁰ ;

(ii) facilitating the rapid development in the Union of new wireless communications technologies and applications, including, where appropriate, in a cross-sectoral approach;

(iii) ensuring predictability and consistency in the granting, renewal, amendment, restriction and withdrawal of rights of use for radio spectrum in order to promote long-term investments;

(iv) ensuring the prevention of cross-border or national harmful interference in accordance with Regulations 16 and 28 respectively, and taking appropriate pre-emptive and remedial measures to that end;

(v) promoting the shared use of radio spectrum between similar or different uses of radio spectrum in accordance with competition law;

(vi) applying the most appropriate and least onerous authorisation system possible in accordance with Regulation 28 in such a way as to maximise flexibility, sharing and efficiency in the use of radio spectrum;

(vii) applying rules for the granting, transfer, renewal, modification and withdrawal of rights of use for radio spectrum that are clearly and transparently laid down in order to guarantee regulatory certainty, consistency and predictability;

(viii) pursuing consistency and predictability throughout the Union regarding the way the use of radio spectrum is authorised in protecting public health taking into account Recommendation 1999/519/EC.

(2) In the case of a national or regional lack of market demand for the use of a band in the harmonised radio spectrum, the Regulator in consultation with the Minister, may allow an alternative use of all or part of that band, including the existing use, in accordance with paragraphs (3) to (8), provided that:

(a) the finding of a lack of market demand for the use of such a band is based on a public consultation in accordance with Regulation 101, including a forward-looking assessment of market demand;

(b) such alternative use does not prevent or hinder the availability or the use of such a band in other Member States; and

(c) the Regulator takes due account of the long-term availability or use of such a band in the European Union and the economies of scale for equipment resulting from using the harmonised radio spectrum in the European Union.

Any decision to allow alternative use on an exceptional basis shall be subject to a regular review by the Regulator and shall in any event be reviewed promptly upon a duly justified request by a prospective user to the Regulator for use of the band in accordance with the technical implementing measure. The Regulator, having notified the Minister, shall inform the European Commission and the other Member States of the decision taken, together with the reasons therefor, as well as of the outcome of any review.

(3) Without prejudice to paragraph (4), the Regulator shall ensure that all types of technology used for the provision of electronic communications networks or services may be used in the radio spectrum declared available for electronic communications services in the Radio Frequency Plan published under section 35 of the Act of 2002 in accordance with European Union law.

(4) Notwithstanding paragraph (3), the Regulator may, through licence conditions or otherwise, provide for proportionate and non-discriminatory restrictions to the types of radio network or wireless access technology used for electronic communications services where this is necessary to —

(a) avoid harmful interference,

(b) protect public health against electromagnetic fields taking utmost account of Recommendation 1999/519/EC,

(d) ensure maximisation of radio spectrum sharing,

(e) safeguard the efficient use of radio spectrum, or

(f) ensure the fulfilment of a general interest objective as defined by or on behalf of the Government or a Minister of the Government in accordance with paragraph (7).

(5) Without prejudice to paragraph (7), the Regulator shall ensure that all types of electronic communications services may be provided in the radio spectrum, declared available for electronic communications services in the Radio Frequency Plan published under section 35 of the Act of 2002 in accordance with European Union law.

(6) Notwithstanding paragraph (5), the Regulator may provide for proportionate and non-discriminatory restrictions to the types of electronic communications services to be provided, including where necessary, to fulfil a requirement under the International Telecommunication Union Radio Regulations.

(7) Measures that require an electronic communications service to be provided in a specific band available for electronic communications services shall be justified in order to ensure the fulfilment of a general interest objective as laid down by or on behalf of the Government or a Minister of the Government in accordance with European Union law including, but not limited to —

(a) safety of life,

(b) the promotion of social, regional or territorial cohesion,

(d) the promotion of cultural and linguistic diversity and media pluralism, for example, the provision of radio and television broadcasting services.

(8) The Regulator may only prohibit the provision of any other electronic communications service in a specific radio spectrum frequency band where such a prohibition is justified by the need to protect safety of life services. The Regulator may, on an exceptional basis, extend such a measure in order to fulfil other general interest objectives as laid down by or on behalf of the Government or a Minister of the Government in accordance with European Union law.

(9) The Regulator shall regularly review the necessity of any restrictions imposed under this Regulation and shall make the results of such reviews publicly available.

(10) In the fulfilment of its obligations under this Regulation, the Regulator shall respect relevant international agreements including the International Telecommunication Union Radio Regulations and other agreements adopted in the framework of the ITU applicable to radio spectrum, such as the agreement reached at the Regional Radiocommunications Conference of 2006, and any public policy considerations brought to its attention by the Minister.

Authorisation of use of radio spectrum

28.

(1) The Regulator shall facilitate the use of radio spectrum, including shared use, under a general authorisation under these Regulations and limit the granting of individual rights of use for radio spectrum to situations where such rights are necessary to maximise efficient use in light of demand and taking into account the criteria set out in paragraph (2). In all other cases, the Regulator shall set out the conditions for the use of radio spectrum in a general authorisation.

(2) The Regulator may decide to grant individual rights of use for radio spectrum by way of licence taking account of:

(a) the specific characteristics of the radio spectrum concerned;

(b) the need to protect against harmful interference;

(d) the need to ensure technical quality of communications or service;

(e) objectives of general interest as laid down by or on behalf of the Government or a Minister of the Government in accordance with European Union law;

(f) the need to safeguard efficient use of radio spectrum.

(3) When considering whether to issue general authorisations or to grant individual rights of use for the harmonised radio spectrum, taking into account technical implementing measures adopted in accordance with Article 4 of the Radio Spectrum Decision, the Regulator shall seek to minimise problems of harmful interference, including in cases of shared use of radio spectrum on the basis of a combination of general authorisation and individual rights of use.

(4) Where appropriate, the Regulator shall consider the possibility to authorise the use of radio spectrum based on a combination of general authorisation and individual rights of use, taking into account the likely effects of different combinations of general authorisations and individual rights of use and of gradual transfers from one category to the other on competition, innovation and market entry.

(5) The Regulator shall seek to minimise restrictions on the use of radio spectrum by taking appropriate account of technological solutions for managing harmful interference in order to impose the least onerous authorisation regime possible.

(6) When taking a decision in accordance with this Regulation, with a view to facilitating the shared use of radio spectrum, the Regulator shall ensure that the conditions for the shared use of radio spectrum are clearly set out. Such conditions shall facilitate the efficient use of radio spectrum, competition and innovation.

Conditions attached to individual rights of use for radio spectrum

29.

(1) The Regulator shall attach conditions to individual rights of use for radio spectrum in accordance with Regulation 9(1) in such a way as to ensure optimal and the most effective and efficient use of radio spectrum.

(2) The Regulator shall, before the assignment or renewal of individual rights of use, clearly establish any conditions attached to those rights, including the level of use required and the possibility to fulfil that requirement through trading or leasing, in order to ensure the implementation of those conditions. Conditions attached to renewals of right of use for radio spectrum shall not provide undue advantages to existing holders of those rights.

(3) Such conditions attached to individual rights of use shall specify the applicable parameters, including any deadline for exercising the rights of use, the non-fulfilment of which would entitle the Regulator to withdraw the right of use or impose other measures.

(4) The Regulator shall, in a timely and transparent manner, consult and inform interested parties regarding conditions attached to individual rights of use before their imposition. The Regulator shall determine in advance and inform interested parties, in a transparent manner, of the criteria for the assessment of the fulfilment of those conditions.

(5) When attaching conditions to individual rights of use for radio spectrum, the Regulator may, in particular with a view to ensuring effective and efficient use of radio spectrum or promoting coverage, provide for the following possibilities:

(a) sharing passive or active infrastructure which relies on radio spectrum or radio spectrum;

(b) commercial roaming access agreements;

(6) The Regulator shall not prevent the sharing of radio spectrum in the conditions attached to the rights of use for radio spectrum. Implementation by undertakings of conditions attached pursuant to this paragraph shall remain subject to competition law.

(7) This Regulation is without prejudice to the Act of 1926.

CHAPTER 2 Rights of use

Granting of individual rights of use for radio spectrum

30.

(1) Where it is necessary to grant individual rights of use for radio spectrum, the Regulator shall grant such rights, upon request, to any undertaking for the provision of electronic communications networks or services under the general authorisation referred to in Regulation 6, subject to —

(a) Regulations 9, 36 and 99(1)(c),

(b) any applicable provisions of the Act of 1926 or any relevant regulations made under that Act, and

(c) any other rules ensuring the efficient use of those resources in accordance with the Directive and these Regulations.

(2)
(a) The Regulator shall, having regard to Regulation 27 establish open, objective, transparent, non-discriminatory and proportionate procedures for the granting of individual rights of use for radio spectrum and shall cause any such procedures to be made publicly available. Such procedures shall be without prejudice to specific criteria and procedures for the granting of rights of use for radio spectrum to the providers of radio or television broadcast content services with a view to pursuing general interest objectives as defined by or on behalf of the Government or a Minister of the Government in accordance with European Union law.

(b) The Regulator may determine that the procedures referred to in subparagraph (a) will not apply in cases where the granting of rights of use for radio spectrum to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by or on behalf of the Government or a Minister of the Government in conformity with European Union law.

(3)
(a) The Regulator shall consider applications for individual rights of use for radio spectrum in the context of selection procedures pursuant to objective, transparent, proportionate and non-discriminatory eligibility criteria that are set out in advance and reflect the conditions to be attached to such rights.

(b) The Regulator shall be able to request all necessary information from applicants in order to assess, on the basis of those criteria, their ability to comply with those conditions.

(c) Where the Regulator concludes that an applicant does not possess the required ability, it shall provide a duly reasoned decision to that effect.

(4) When granting rights of use for radio spectrum, the Regulator shall, having regard to Regulations 27 and 33, specify whether such rights may be transferred or leased by the holder of the rights and under what conditions such a transfer may take place.

(5) The Regulator shall make any decision on the grant of individual rights of use for radio spectrum as soon as possible after receipt by it of the complete application and in the case of radio spectrum that has been allocated to be used by electronic communications services within the Frequency Plan published under section 35 of the Act of 2002 within 6 weeks after such receipt. That time limit shall be without prejudice to Regulation 36(8) and to any applicable international agreements relating to the use of radio spectrum or of orbital positions.

(6) The Regulator shall communicate a decision referred to in paragraph (5) to an applicant for a right of use referred to in that paragraph as soon as possible after the decision is made and, subject to any restrictions which the Regulator considers appropriate in order to protect the confidentiality of any information which the Regulator considers confidential, make public such a decision as soon as possible after informing the applicant.

(7) For the purpose of this Regulation a general authorisation for the use of radio spectrum shall be facilitated by way of an order made by the Regulator under section 3(6) of the Act of 1926 declaring that a particular class or description of apparatus for wireless telegraphy is one to which the licence requirements of section 3 of the Act of 1926 do not apply.

Duration of rights

31.

(1) Rights of use for radio spectrum shall be in force for such period as the Regulator considers appropriate in light of the objectives pursued in accordance with Regulation 36(2) and (3), taking due account of the need to ensure competition, as well as, in particular, effective and efficient use of radio spectrum, and to promote innovation and efficient investments, including by allowing for an appropriate period for investment amortisation.

(2) Where the Regulator decides to grant individual rights of use for radio spectrum for which harmonised conditions have been set by technical implementing measures in accordance with the Radio Spectrum Decision in order to enable its use for wireless broadband electronic communications services (“wireless broadband services”) for a limited period, it shall ensure regulatory predictability for the holders of the rights over a period of at least 20 years regarding conditions for investment in infrastructure which relies on the use of such radio spectrum, taking account of the requirements referred to in paragraph (1). This Regulation is subject, where relevant, to any modification of the conditions attached to those rights of use in accordance with Regulation 14.

(3) The Regulator shall ensure that the rights of use referred to in paragraph (2) are valid for a duration of at least 15 years and include, where necessary to comply with that paragraph, provision for an adequate extension and under the conditions laid down in paragraphs (4) to (8).

(4) The Regulator shall make available the general criteria for an extension of the duration of rights of use, in a transparent manner, to all interested parties in advance of granting rights of use, as part of the conditions laid down under Regulation 36(4) and (7). Such general criteria shall relate to:

(a) the need to ensure the effective and efficient use of the radio spectrum concerned, the objectives pursued in Regulation 27(1)(c)(i) and (ii), or the need to fulfil general interest objectives related to ensuring safety of life, public order, public security or defence; and

(b) the need to ensure undistorted competition.

(5) At the latest two years before the expiry of the initial duration of an individual right of use, the Regulator shall conduct an objective and forward-looking assessment of the general criteria laid down for extension of the duration of that right of use in light of Regulation 27(1)(c)(iii). Provided that the Regulator has not initiated an investigation for non-compliance with the conditions of the rights of use, it shall grant the extension of the duration of the right of use unless it concludes that such an extension would not comply with the general criteria laid down in subparagraph (a) or (b) of paragraph (4).

(6) On the basis of the assessment referred to in paragraph (5), the Regulator shall notify the holder of the right as to whether the extension of the duration of the right of use is to be granted. If such an extension is not to be granted, the Regulator shall apply Regulation 30 for granting rights of use for that specific radio spectrum band.

(7) Any measure taken by the Regulator in accordance with paragraphs (2) to (6) shall be proportionate, non-discriminatory, transparent and reasoned.

(8) Notwithstanding Regulation 101, interested parties shall have the opportunity to comment on any draft measure taken by the Regulator in accordance with paragraphs (2) to (7) for a period of at least three months.

(9) The Regulator may derogate from the provisions of paragraphs (2) to (8) where duly justified, in the following cases:

(a) in limited geographical areas, where access to high-speed networks is severely deficient or absent and this is necessary to ensure achievement of the objectives of Regulation 27(1);

(b) for specific short-term projects;

(d) for uses of radio spectrum which, in accordance with Regulation 27(3) to (8), can coexist with wireless broadband services; or

(e) for alternative use of radio spectrum in accordance with Regulation 27(2).

(10) The Regulator may adjust the duration of rights of use laid down in this Regulation to ensure the simultaneous expiry of the duration of rights in one or several bands.

Renewal of individual rights of use for harmonised radio spectrum

32.

(1) (a) The Regulator may renew individual rights of use for harmonised radio spectrum except where at the time of assignment, the possibility of renewal has been explicitly excluded.

(b) A decision by the Regulator in accordance with subparagraph (a) shall be taken in a timely manner, before the duration of the rights expires.

(2) The Regulator shall assess the need for a renewal at its own initiative or upon request by the holder of the right, in the latter case not earlier than five years prior to expiry of the duration of the rights concerned. This shall be without prejudice to renewal clauses applicable to existing rights.

(3) In taking a decision pursuant to paragraph (1) the Regulator shall consider, inter alia:

(a) the fulfilment of the objectives set out in Regulations 4, 27(1)(c) and 30(2)(a), as well as public policy objectives under law;

(b) the implementation of a technical implementing measure adopted in accordance with Article 4 of the Radio Spectrum Decision;

(d) the need to promote, or avoid any distortion of, competition in line with Regulation 34;

(e) the need to render the use of radio spectrum more efficient in light of technological or market evolution;

(f) the need to avoid severe service disruption.

(4)
(a) When considering possible renewal of individual rights of use for harmonised radio spectrum for which the number of rights of use is limited pursuant to paragraph (3), the Regulator shall conduct an open, transparent and non-discriminatory procedure, and shall, inter alia:

(i) give all interested parties the opportunity to express their views through a public consultation in accordance with Regulation 101; and

(ii) clearly state the reasons for such possible renewal.

(b) The Regulator shall take into account any evidence arising from the consultation pursuant to subparagraph (a) of market demand from undertakings other than those holding rights of use for radio spectrum in the band concerned when deciding whether to renew the rights of use or to organise a new selection procedure in order to grant the rights of use pursuant to Regulation 36.

(5) A decision by the Regulator to renew the individual rights of use for harmonised radio spectrum may be accompanied by a review of the fees as well as of the other terms and conditions attached thereto. Where appropriate, the Regulator may adjust the fees for the rights of use in accordance with Regulation 24.

Transfer or lease of individual rights of use for radio spectrum

33.

(1) The Regulator shall ensure that undertakings may transfer or lease to other undertakings, individual rights of use for radio spectrum.

(2) Where an individual right of use for radio spectrum was initially obtained by an undertaking free of charge or assigned for broadcasting, the Regulator may, with the consent of the Minister, determine that paragraph (1) does not apply.

(3) An undertaking intending to transfer or lease rights of use for radio spectrum shall notify the Regulator of its intention to do so and of the effective transfer of the rights. The notification shall be in accordance with procedures specified by the Regulator. The Regulator shall ensure that such notifications are made public. In the case of harmonised radio spectrum, any such transfer shall comply with such harmonised use.

(4) Where the original conditions attached to the rights of use for radio spectrum are maintained, the Regulator shall allow the transfer or lease of those rights. Without prejudice to the need to ensure the absence of a distortion of competition, in particular in accordance with Regulation 34, the Regulator shall:

(a) submit transfers and leases to the least onerous procedure possible;

(b) not refuse the lease of rights of use for radio spectrum where the lessor undertakes to remain liable for meeting the original conditions attached to the rights of use;

(c) not refuse the transfer of rights of use for radio spectrum unless there is a clear risk that the new holder is unable to meet the original conditions for the right of use.

(5) Any administrative charge imposed by the Regulator on undertakings in connection with processing an application for the transfer or lease of rights of use for radio spectrum shall comply with Article 16 of the Directive.

(6) Subparagraphs (a), (b) and (c) of paragraph (4) are without prejudice to the Regulator’s competence to enforce compliance with the conditions attached to the rights of use at any time, both with regard to the lessor and the lessee, in accordance with law.

(7) The Regulator shall facilitate the transfer or lease of rights of use for radio spectrum by giving consideration to any request to adapt the conditions attached to the rights in a timely manner and by ensuring that those rights or the relevant radio spectrum may to the best extent be partitioned or disaggregated.

(8) In light of any transfer or lease of rights of use for radio spectrum, the Regulator shall make relevant details relating to tradable individual rights publicly available in a standardised electronic format when the rights are created and keep those details for as long as the rights exist.

(9) Where radio spectrum use has been harmonised through the application of the Radio Spectrum Decision or other European Union measures, a transfer of rights to use radio spectrum shall comply with such harmonised use.

Competition

34.

(1) The Regulator shall promote effective competition and avoid distortions of competition in the internal market when deciding to grant, amend or renew rights of use for radio spectrum for electronic communications networks and services in accordance with these Regulations.

(2) When the Regulator decides to grant, amend or renew rights of use for radio spectrum, it may take appropriate measures such as:

(a) limiting the amount of radio spectrum bands for which rights of use are granted to any undertaking, or, in justified circumstances, attaching conditions to such rights of use, such as the provision of wholesale access, national or regional roaming, in certain bands or in certain groups of bands with similar characteristics;

(b) reserving, if appropriate and justified with regard to a specific situation in the national market, a certain part of a radio spectrum band or group of bands for assignment to new entrants;

(c) refusing to grant new rights of use for radio spectrum or to allow new radio spectrum uses in certain bands, or attaching conditions to the grant of new rights of use for radio spectrum or to the authorisation of new uses of radio spectrum, in order to avoid the distortion of competition by any assignment, transfer or accumulation of rights of use;

(d) including conditions prohibiting, or imposing conditions on, transfers of rights of use for radio spectrum, not subject to European Union or national merger control, where such transfers are likely to result in significant harm to competition;

(e) amending the existing rights in accordance with the Directive where this is necessary to remedy ex post a distortion of competition by any transfer or accumulation of rights of use for radio spectrum.

(3) When taking any measure referred to in paragraph (2) the Regulator shall, taking into account market conditions and available benchmarks, base its decisions on an objective and forward-looking assessment of:

(a) the market competitive conditions,

(b) whether such measures are necessary to maintain or achieve effective competition, and,

(c) the likely effects of such measures on existing and future investments by market participants in particular for network roll-out.

In doing so, it shall take into account the approach to market analysis as set out in Regulation 49(5).

(4) When taking any decision or measure referred to in paragraph (2) the Regulator shall act in accordance with the procedures provided for in Regulations 14, 15, 19 and 101.

(5) For the purpose of this Regulation a general authorisation for the use of radio spectrum shall be facilitated by way of an order made by the Regulator under section 3(6) of the Act of 1926 declaring that a particular class or description of apparatus for wireless telegraphy is one to which the licence requirements of section 3 of the Act of 1926 do not apply.

CHAPTER 3 Procedures

Coordinated timing of assignments

35.

(1) The Regulator, having regard to its objectives under section 12 of the Act of 2002 and Regulation 4, and having notified the Minister, shall cooperate with the relevant authority in another Member State as appropriate in order to coordinate the use of harmonised radio spectrum for electronic communications networks and services in the Union taking due account of the different national market situations.

(2) The coordinated use of harmonised radio spectrum referred to in paragraph (1) may include identifying one, or, where appropriate, several common dates by which the use of specific harmonised radio spectrum is to be authorised.

(3) Where harmonised conditions have been set by technical implementing measures in accordance with the Radio Spectrum Decision in order to enable the radio spectrum use for wireless broadband networks and services, the Regulator shall allow the use of that radio spectrum, as soon as possible and at the latest 30 months after the adoption of the measure, or as soon as possible after the lifting of any decision to allow alternative use on an exceptional basis pursuant to Regulation 27(2).

(4) The Regulator may delay the deadline provided for in paragraph (3) for a specific band under the following circumstances:

(a) to the extent justified by a restriction to the use of that band based on the general interest objective provided in point (a) or (d) of Regulation 27(7);

(b) in the case of unresolved cross-border coordination issues resulting in harmful interference with third countries, provided the affected Member State has, where appropriate, requested European Union assistance pursuant to Article 28(5) of the Directive;

(d) force majeure.

Any delay in accordance with this paragraph shall be reviewed by the Regulator at least every two years.

(5) The Regulator may delay the deadline provided for in paragraph (3) for a specific band to the extent necessary and up to 30 months in the case of:

(a) unresolved cross-border coordination issues resulting in harmful interference between the State and another Member State, provided that the affected Member State takes all necessary measures in a timely manner pursuant to Regulation 16(3) and (4);

(b) the need to ensure, and the complexity of ensuring, the technical migration of existing users of that band.

(6) In the event of a delay under paragraph (4) or (5), the Regulator shall notify the Minister.

Procedure for limiting number of rights of use to be granted for radio spectrum

36.

(1) Without prejudice to Regulation 35, where the Regulator concludes that a right to use radio spectrum cannot be subject to a general authorisation and where it considers whether to limit the number of rights of use to be granted for radio spectrum, it shall, inter alia, without prejudice to sections 13 and 37 of the Act of 2002:

(a) clearly state the reasons for limiting the rights of use, in particular by giving due weight to the need to maximise benefits for users and to facilitate the development of competition and review the limitation at intervals which it considers reasonable or at the reasonable request of any undertaking affected as appropriate;

(b) give all interested parties, including users and consumers, the opportunity to express their views on any limitation in accordance with Regulation 101.

(2)
(a) The Regulator may decide, having taken into account the matters referred to in paragraph (1)(a) and (b), that the number of rights of use for radio spectrum referred to in that paragraph ought to be limited and, where the Regulator so decides, it shall clearly establish, and give reasons for, the objectives pursued by means of a competitive or comparative selection procedure under this Regulation, and where possible quantify them, giving due weight to the need to fulfil national and internal market objectives.

(b) The objectives that the Regulator may set out with a view to designing the specific selection procedure shall, in addition to promoting competition, be limited to one or more of the following:

(i) promoting coverage;

(ii) ensuring the required quality of service;

(iii) promoting efficient use of radio spectrum, including by taking into account the conditions attached to the rights of use and the level of fees;

(iv) promoting innovation and business development.

(3) The Regulator shall clearly define and justify the choice of the selection procedure, including any preliminary phase to access the selection procedure. It shall also clearly state the outcome of any related assessment of the competitive, technical and economic situation of the market and provide reasons for the possible use and choice of measures pursuant to Regulation 19.

(4) The Regulator shall cause to be published in such form as the Regulator may determine:

(a) any decision on the selection procedure chosen and the related rules, clearly stating the reasons therefor, and

(b) the conditions that are to be attached to the rights of use.

(5) Following the determination of the selection procedure, the Regulator shall invite applications for rights of use.

(6) Without prejudice to sections 13 and 37 of the Act of 2002, where the Regulator concludes that additional rights of use for radio spectrum or a combination of general authorisation and individual rights of use can be granted, it shall publish that conclusion, in such form as it may determine, and invite applications for the of granting of such rights of use.

(7) Where the granting of rights of use for radio spectrum needs to be limited, the Regulator shall grant such rights on the basis of selection criteria and a selection procedure which are objective, transparent, non-discriminatory and proportionate. Any such selection criteria shall give due weight to the achievement of the objectives and requirements of section 12 of the Act of 2002 and Regulations 4, 16 and 27.

(8) Where the Regulator decides to use a competitive or comparative selection procedure for the purpose of granting rights of use for radio spectrum, the Regulator may extend the maximum period of 6 weeks referred to in Regulation 30(5) for as long as is necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than 8 months, subject to any specific timetable established pursuant to Regulation 35.

(9) The time limits referred to in paragraph (8) shall be without prejudice to any applicable international agreements relating to the use of radio spectrum and satellite coordination.

(10) This Regulation is without prejudice to the transfer of rights of use for radio spectrum in accordance with Regulation 33.

Publication of specification of conditions

37.

(1) Subject to the need to protect commercial confidentiality, the Regulator shall cause to be published in Iris Oifigiúil and on its website, notice of the specification of conditions under Regulations 8, 9 and 10 and a determination under Regulation 6(3), 9(1) or 10(1). The notice shall include information on where copies of the specification of conditions or determination can be obtained.

(2) Where the Regulator amends or revokes any such specification of conditions or determinations in accordance with Regulation 14 or any such determination, paragraph (1) applies accordingly.

Part 7 DEPLOYMENT AND USE OF WIRELESS NETWORK EQUIPMENT

Access to radio local area networks

38.

(1) The Regulator shall allow the provision of access through RLANs to a public electronic communications network and the use of harmonised radio spectrum for that provision, subject only to applicable general authorisation conditions relating to radio spectrum use as referred to in Regulation 28(1).

(2) Where the provision of access referred to in paragraph (1) is not part of an economic activity or is ancillary to an economic activity or a public service which is not dependent on the conveyance of signals on those networks, any undertaking, public authority or end-user providing such access shall not be subject to any general authorisation for the provision of electronic communications networks or services pursuant to Regulation 6, to obligations regarding end-users rights pursuant to Part 10, or to obligations to interconnect their networks pursuant to Regulation 42(1). Regulation 16 of the European Communities (Directive 2000/31/EC) Regulations 2003 ( S.I. No. 68 of 2003 ) shall apply.

(3) Providers of public electronic communications networks or publicly available electronic communications services shall not be prevented by the Regulator or any other person from allowing access to their networks to the public through RLANs which may be located at the end-user’s premises, subject to compliance with the applicable general authorisation conditions and the prior informed agreement of the end-user.

(4) In accordance with Article 3(1) of Regulation (EU) 2015/2120, providers of public electronic communications networks or publicly available electronic communications services shall not unilaterally restrict or prevent end-users from:

(a) accessing RLANs of their choice provided by third parties; or

(b) allowing reciprocally or, more generally, accessing the networks of such providers by other end-users through RLANs, including on the basis of third party initiatives which aggregate and make publicly accessible the RLANs of different end-users.

(5) End-users shall not be limited or prevented by the Regulator or by a local authority from allowing access, reciprocally or otherwise, to their RLANs by other end-users, including on the basis of third party initiatives which aggregate and make the RLANs of different end-users publicly accessible.

(6) The Regulator and local authorities shall not unduly restrict the provision of access to RLANs to the public:

(a) by public authorities or in public spaces close to premises occupied by such public authorities, when that provision is ancillary to the public services provided on those premises;

(b) by initiatives of non-governmental organisations or public authorities to aggregate and make reciprocally or more generally accessible the RLANs of different end-users, including, where applicable, the RLANs to which public access is provided in accordance with subparagraph (a).

(7) A provider that fails to comply with an obligation under paragraph (4) commits an offence and is liable on summary conviction to a class A fine.

Deployment and operation of small-area wireless access points

39.

(1) A local authority shall not unduly restrict the deployment of small-area wireless access points.

(2) Local authorities shall not subject the deployment of small-area wireless access points complying with the characteristics laid down pursuant to Commission Implementing Regulation (EU) 2020/1070 of 20 July 2020¹¹ , to any individual town planning permit or other individual prior permits.

(3) Notwithstanding paragraph (2), a local authority may require statutory permits (within the meaning of the European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016 ( S.I. No. 391 of 2016 )) for the deployment of small-area wireless access points on buildings or sites of architectural, historical or natural value protected in accordance with law or where necessary for public safety reasons.

(4) This Regulation is without prejudice to the essential requirements laid down in the European Union (Radio Equipment) Regulations 2017 ( S.I. No. 248 of 2017 ) and to the authorisation regime applicable for the use of the relevant radio spectrum.

(5)
(a) An operator has the right to access any physical infrastructure controlled by a local authority or public authority which is technically suitable to host small-area wireless access points or which is necessary to connect such access points to a backbone network, including street furniture, such as light poles, street signs, traffic lights, billboards, bus and tramway stops and metro stations.

(b) Where an operator requests such access, the authority requested shall meet all reasonable requests for access on fair, reasonable, transparent and non-discriminatory terms and conditions, which shall be made public at a single information point operated by the Regulator.

(6) Without prejudice to any commercial agreements, the deployment of small-area wireless access points shall not be subject to any fees or charges going beyond the administrative charges in accordance with Article 16 of the Directive.

Part 8 ACCESS AND INTERCONNECTION - RIGHTS, OBLIGATIONS AND REMEDIES

CHAPTER 1 General provisions, access principles

General framework for access and interconnection

40.

(1) Subject to these Regulations, an undertaking, whether established in the State or in another Member State, shall not be prevented from negotiating with any other such undertaking an agreement on technical and commercial arrangements for access or interconnection in accordance with European Union law.

(2) An undertaking requesting access or interconnection in the State does not need to be authorised to operate in the State if it is not providing services and does not operate a network in the State.

(3) The Regulator shall not maintain or impose measures which require undertakings, when granting access or interconnection, to offer different terms and conditions to different undertakings for equivalent services or measures imposing obligations that are not related to the actual access and interconnection services provided without prejudice to the conditions specified in Schedule 1.

Rights and obligations of undertakings

41.

(1) An operator of a public electronic communications network has the right to negotiate interconnection with another operator so authorised in accordance with Regulation 12 for the purpose of providing publicly available electronic communications services in order to ensure provision and interoperability of services throughout the European Union.

(2) An operator of a public electronic communications network shall negotiate interconnection for the purpose of providing publicly available electronic communications services when requested to do so by another undertaking, authorised in accordance with Regulation 12, in order to ensure the provision and interoperability of services.

(3) An operator shall offer access and interconnection to other undertakings on terms and conditions consistent with any obligations imposed by the Regulator under Regulation 42, 43 or 50.

(4) Without prejudice to Regulation 99, an undertaking that acquires information from another undertaking before, during or after the process of negotiating access or interconnection arrangements shall not use that information for a purpose other than that for which it was supplied and shall respect at all times the confidentiality of information transmitted or stored.

(5) An undertaking shall not pass any information referred to in paragraph (4) on to any other party, in particular, other departments, subsidiaries or partners of the undertaking for whom such information could provide a competitive advantage.

(6) When the Regulator determines that the conditions of competition so require, it may direct that negotiations are to be conducted through neutral intermediaries. The direction is not limited to but may include a timeframe for negotiations to be concluded and the scope of the negotiations.

(7) An operator that fails to comply with the requirements of paragraph (2) or (3) commits a hybrid offence.

(8) An undertaking that fails to comply with the requirements of paragraph (4) or (5) commits a hybrid offence.

(9) An operator or an undertaking that fails to comply with a direction under paragraph (6) commits an offence and is liable on summary conviction to a class A fine.

(10) In proceedings for an offence under paragraph (7) in respect of a breach of paragraph (3) it is a defence for the operator charged to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

CHAPTER 2 Access and interconnection

Powers and responsibilities with regard to access and interconnection

42.

(1) The Regulator shall, acting in pursuit of its objectives set out in section 12 of the Act of 2002 and Regulation 4, encourage and, where appropriate, ensure, in accordance with these Regulations, adequate access, interconnection and the interoperability of services in such a way as to —

(a) promote efficiency,

(b) promote sustainable competition,

(d) promote efficient investment and innovation, and

(e) give the maximum benefit to end-users.

(2) The Regulator shall provide guidelines and make publicly available the procedures applicable to gain access and interconnection to ensure that small and medium-sized enterprises and operators with a limited geographical reach can benefit from the obligations imposed.

(3) Without prejudice to any measures that may be taken in accordance with Regulation 50 in respect of undertakings designated by the Regulator as having significant market power, the Regulator may —

(a) to the extent that is necessary to ensure end-to-end connectivity, impose obligations on undertakings subject to the general authorisation that control access to end-users including, in justified cases, the obligation to interconnect their networks where this is not already the case,

(b) in justified cases and to the extent that is necessary, impose obligations on undertakings subject to the general authorisation that control access to end-users to make their services interoperable,

(c) in justified cases, where end-to-end connectivity between end-users is endangered due to a lack of interoperability between interpersonal communications services, and to the extent necessary to ensure end-to-end connectivity between end-users, impose obligations on relevant providers of number-independent interpersonal communications services which reach a significant level of coverage and user uptake, to make their services interoperable,

(d) after consultation with the Broadcasting Authority of Ireland, impose obligations set out in Regulation 43, to the extent that it is necessary to ensure accessibility for end-users to such digital radio and television broadcasting services and related complementary services as may be specified by the Broadcasting Authority of Ireland, on operators to provide access to application program interfaces (APIs) and electronic programme guides (EPGs) on fair, reasonable and non-discriminatory terms.

(4) The obligations referred to in paragraph (3)(c) shall be imposed only:

(a) to the extent necessary to ensure interoperability of interpersonal communications services and may include proportionate obligations on providers of those services to publish and allow the use, modification and redistribution of relevant information by the Regulator and other providers, or to use and implement standards or specifications laid down in accordance with Regulation 23 or of any other relevant European or international standards; and

(b) where the European Commission has adopted implementing measures specifying the nature and scope of any obligations that may be imposed in accordance with Article 61(2) of the Directive.

(5) In particular, and without prejudice to paragraphs (1), (2), (3) and (4), the Regulator may impose obligations, upon reasonable request, to grant access to wiring and cables and associated facilities inside buildings or up to the first concentration or distribution point as determined by the Regulator, where that point is located outside the building.

(6) Where it is justified on the grounds that replication of such network elements would be economically inefficient or physically impracticable, the obligations referred to in paragraph (5) may be imposed on providers of electronic communications networks or on the owners of such wiring and cables and associated facilities, where those owners are not providers of electronic communications networks. The access conditions imposed may include specific rules on access to such network elements and to associated facilities and associated services, on transparency and non-discrimination and on apportioning the costs of access, which, where appropriate, are adjusted to take into account risk factors.

(7) Where the Regulator concludes, having regard, where applicable, to the obligations resulting from any relevant market analysis, that the obligations imposed in accordance with paragraph (5) or (6) do not sufficiently address high and non-transitory economic or physical barriers to replication which underlie an existing or emerging market situation significantly limiting competitive outcomes for end-users, it may extend the imposition of such access obligations, on fair and reasonable terms and conditions, beyond the first concentration or distribution point, to a point that it determines to be the closest to end-users, capable of hosting a sufficient number of end-user connections to be commercially viable for efficient access seekers. In determining the extent of the extension beyond the first concentration or distribution point, the Regulator shall take utmost account of relevant BEREC guidelines. If justified on technical or economic grounds, the Regulator may impose, by notifying the provider or owner concerned, active or virtual access obligations.

(8) The Regulator shall not impose obligations in accordance with paragraph (7) on providers of electronic communications networks where it determines that—

(a) the provider has the characteristics listed in Regulation 62(1) and makes available a viable and similar alternative means of reaching end-users by providing access to a very-high-capacity network to any undertaking, on fair, non-discriminatory and reasonable terms and conditions; the Regulator may extend this exemption to other providers offering, on fair, non-discriminatory and reasonable terms and conditions, access to a very-high-capacity network, or

(b) the imposition of obligations would compromise the economic or financial viability of a new network deployment, in particular by small local projects.

(9) Notwithstanding subparagraph (a) of paragraph (8), the Regulator may impose obligations on providers of electronic communications networks fulfilling the criteria laid down in that subparagraph where the network concerned is publicly funded.

(10)
(a) Without prejudice to paragraphs (1), (2), (3) and (4), the Regulator may impose obligations in relation to the sharing of passive infrastructure or obligations to conclude localised roaming access agreements, on undertakings providing or authorised to provide electronic communications networks, in both cases if:

(i) the imposition of such obligations is directly necessary for the local provision of services which rely on the use of radio spectrum, in accordance with European Union law, and

(ii) no viable and similar alternative means of access to end-users is made available to any undertaking on fair and reasonable terms and conditions.

(b) The Regulator may impose such obligations only:

(i) where the possibility of imposing the obligations is clearly provided for when granting the rights of use for radio spectrum, and

(ii) where justified on the grounds that, in the area subject to such obligations, the market-driven deployment of infrastructure for the provision of networks or services which rely on the use of radio spectrum is subject to insurmountable economic or physical obstacles and therefore access to networks or services by end-users is severely deficient or absent.

(11) Where access and sharing of passive infrastructure alone does not suffice to address the situations referred to in paragraph (10), the Regulator may impose obligations on sharing of active infrastructure.

(12) When imposing obligations in accordance with paragraph (10) or (11) the Regulator shall have regard to:

(a) the need to maximise connectivity throughout the European Union, along major transport paths and in particular territorial areas, and to the possibility to significantly increase choice and higher quality of service for end-users:

(b) the efficient use of radio spectrum;

(d) the state of infrastructure-based as well as service-based competition;

(e) technological innovation;

(f) the overriding need to support the incentive of the host to roll out the infrastructure in the first place.

(13) In the event of dispute resolution, the Regulator may, inter alia, impose on the beneficiary of the sharing or access obligation, the obligation to share radio spectrum with the infrastructure host in the relevant area.

(14) Any obligations imposed by the Regulator under this Regulation shall be objective, transparent, proportionate and non-discriminatory and shall be applied in accordance with the procedures referred to in Regulations 17, 18 and 101.

(15) The Regulator shall assess the results of any obligations or conditions imposed in accordance with this Regulation within a period of 5 years from the adoption of the previous measure adopted in relation to the same undertaking and assess whether it would be appropriate to withdraw or amend them in light of evolving conditions. The Regulator shall notify the outcome of its assessment in accordance with the procedures referred to in Regulations 17, 18 and 101.

(16) With regard to access, interconnection and interoperability referred to in paragraph (1), (3) or (4) the Regulator may exercise its powers under these Regulations on its own initiative where justified in order to secure the policy objectives and regulatory principles set out in section 12 of the Act of 2002 and Regulation 4 in accordance with these Regulations and the procedures referred to in Regulations 17 and 101.

(17) When defining the location of network termination points the Regulator shall take utmost account of any guidelines adopted by BEREC in accordance with Article 61(7) of the Directive.

(18) A person who fails to comply with an obligation imposed by the Regulator under this Regulation commits an offence and is liable on summary conviction to a class A fine.

Conditional access systems and other facilities

43.

(1) In relation to conditional access to digital television and radio services broadcast to viewers and listeners in the State, irrespective of the means of transmission, the following conditions shall apply:

(a) an undertaking providing conditional access services, irrespective of the means of transmission, which provide access services to digital television and radio services and the access services upon which broadcasters depend to reach any group of potential viewers or listeners shall —

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