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

• (2)
• (a) The Minister shall —

• (i) define adequate broadband for the purpose of these Regulations in accordance with Article 84(3) of the Directive and shall publish any such definition in Iris Oifigiúil and in any other manner as he or she may think fit, and

• (ii) specify the quality standards applicable to adequate broadband.

Before making a definition of adequate broadband or specifying the quality standards applicable to it, the Minister may consult with the Regulator.

• (b) The Minister shall review the quality not later than 5 years after defining adequate broadband and in each 5 year period thereafter.

Quality of service (voice), terms and conditions, reasonableness

• (3) The Regulator may —

• (a) specify requirements to be complied with by an undertaking providing voice communication services in accordance with paragraph (1), including the quality standards to be provided and the terms and conditions upon which the connection at a fixed location is to be provided, and

• (b) with the consent of the Minister, specify requirements to be complied with by an undertaking providing —

• (i) adequate broadband in accordance with paragraph (1), regarding the terms and conditions upon which the connection at a fixed location is to be provided, and

• (ii) adequate broadband or voice communications service in accordance with paragraph (1) in relation to the reasonableness of requests for connection at a fixed location to these services.

Voice only connection

• (4) Where a consumer, enterprise or organisation so requests, the connection referred to in paragraph (1)(b) shall be limited to support voice communications services.

Denial of access to universal service

• (5) Where an undertaking designated in accordance with Regulation 72(3) denies any request for access made under paragraph (1) on the basis that it is an unreasonable request, it shall inform the person making the request of the reasons the request was unreasonable in its view and the person’s right to pursue dispute resolution procedures.

Enforcement

• (6) An undertaking providing a service referred to in paragraph (1) that fails to comply with —

• (a) a request under paragraph (1) or (4),

• (b) a requirement imposed by the Regulator in accordance with paragraph (3), or

• (c) an obligation under paragraph (5),

commits an offence and is liable on summary conviction to a class A fine.

• (7) In proceedings for an offence under paragraph (6)(b) it is a defence for the undertaking charged to show that it took all reasonable steps and exercised due diligence to avoid committing the offence.

Provision of affordable universal service

71.

• (2) Where the Minister considers that retail prices for adequate broadband or for voice communications services are not affordable or are likely to become unaffordable, because consumers with a low income or special social needs may be prevented from accessing such services, the Minister may require the Regulator, in light of conditions in the State, to impose measures to be complied with by relevant undertakings to ensure affordability for such consumers of adequate broadband or voice communications services at least at a fixed location.

• (3) The Regulator may, where required by the Minister under paragraph (2), impose measures requiring relevant undertakings to —

• (a) offer to consumers with a low income or special social needs tariff options or packages different from those provided under normal commercial conditions, or

• (b) apply common tariffs including geographical averaging throughout the State, in the light of national conditions.

• (4) Where the Regulator considers that any of the services referred to in paragraph (2) have become affordable it may request the Minister to allow it to withdraw any requirement under that paragraph.

• (5) In exceptional circumstances, where the Regulator considers that the imposition of measures referred to in paragraph (2) on all providers would result in a demonstrated excessive administrative or financial burden for providers of the service, the Regulator may decide to impose the obligation to offer those specific tariff options or packages to consumers with a low income or special social needs, only on such undertakings designated by the Regulator. Regulation 72 shall apply to such designations mutatis mutandis.

• (6) Where the Regulator designates undertakings in accordance with paragraph (5), it shall ensure that all consumers with a low-income or special social needs benefit from a choice of undertakings offering tariff options addressing their needs, unless ensuring such choice is impossible or would create an excessive additional organisational or financial burden.

• (7) Consumers entitled to the tariff options or packages referred to in paragraph (3) or (5) have a right to conclude a contract either with a provider of adequate broadband or a provider of voice communications services or with an undertaking designated in accordance with paragraph (5), and such providers and undertakings shall ensure that consumers’ numbers remain available to them for an adequate period and unwarranted disconnection of their service is avoided.

• (8) Undertakings which provide tariff options or packages to consumers with a low income or special social needs pursuant to paragraph (3) or (5) shall keep the Regulator informed of the details of such offers. The Regulator may specify requirements with regard to the timing and format of the provision of information to it in accordance with this paragraph.

• (9) The conditions of any scheme to provide special tariff options or packages, common tariffs, including geographical averaging, shall be fully transparent and shall be published and applied in accordance with the principle of non-discrimination. The Regulator may require, where it considers a scheme does not comply with this paragraph, that the scheme be modified or withdrawn.

• (10) The Regulator shall, with regard to consumers with disabilities and in consultation with the Minister, take appropriate measures with a view to ensuring that related terminal equipment, and specific equipment and specific services that enhance equivalent access, including where necessary total conversation services and relay services, are available and affordable.

• (11) The Minister and the Regulator shall seek to minimise market distortions when acting pursuant to this Regulation.

• (12) An undertaking that fails to comply with —

• (a) a measure referred to in paragraph (2) or (10), or

• (b) an obligation or requirement imposed under paragraph (5), (8) or (9),

commits an offence and is liable on summary conviction to a class A fine.

• (13) In proceedings for an offence under paragraph (12) it is a defence for the undertaking charged to show that it took all reasonable steps and exercised due diligence to avoid committing the offence.

Availability of universal service and designation

72.

• (2) The Minister, in forming his or her opinion under paragraph (1) shall have regard to Article 86(2) of the Directive.

• (3) The Regulator may designate for such period as it may determine —

• (a) one or more undertakings to guarantee the availability at a fixed location of either or both of the services referred to in paragraph (1), at the quality specified in Regulation 70, throughout the State, or

• (b) different undertakings or sets of undertakings, to ensure the availability of such services at a fixed location or to cover different parts of the State.

• (4) In designating an undertaking under paragraph (3), the Regulator shall use an efficient, objective, transparent and non-discriminatory designation mechanism whereby no undertaking is in principle excluded from being designated. The designation methods adopted shall ensure that the services referred to in paragraph (1) are provided in a cost-effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Regulation 75.

• (5) Where an undertaking designated in accordance with paragraph (3) intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall inform the Regulator at the time of the decision to dispose or 6 months prior to the transaction whichever is the earlier date in order to allow the Regulator to assess the effect of the intended transaction on the provision at a fixed location of the services referred to in paragraph (1). Such notification shall include details as to the effect of the intended transaction on either or both of the services referred to in paragraph (1). The Regulator may impose, amend or withdraw specific obligations on the separate legal entity.

• (6) An undertaking that fails to inform the Regulator in accordance with paragraph (5) commits an offence and is liable on summary conviction to a class A fine.

• (7) In proceedings for an offence under paragraph (6) it is a defence for the undertaking charged to show that it took all reasonable steps and exercised due diligence to avoid committing the offence.

Status of existing universal service

73.

• (2) The Regulator, with the consent of the Minister, may designate an undertaking to provide the services referred to in paragraph (1) in the State or part of the State.

• (3) Any designation made by the Regulator for the purposes of paragraph (2) shall comply with Regulation 72. Financing of those obligations shall comply with Regulation 76.

• (4) The Regulator shall review the status of universal service obligations referred to in paragraph (1) within three months after the commencement of these Regulations and every three years thereafter.

Control of expenditure

74.

• (2) An undertaking designated in accordance with Regulation 72(3) shall —

• (a) for the purpose of ensuring that consumers can monitor and control expenditure, provide the specific facilities and services set out in Part A of Schedule 5 as applicable, and

• (b) put in place a system to avoid unwarranted disconnection of voice communications services or of adequate broadband with regard to consumers referred to in Regulation 71, including an appropriate mechanism to check continued interest in using the service.

• (3) Without prejudice to Regulation 97(1), the Regulator may specify the requirements of the specific facilities and services referred to in paragraph (2)(a) and the system and mechanism referred to in paragraph (2)(b).

• (4) Paragraph (1) shall also apply to end-users that are microenterprises and small and medium-sized enterprises and not-for-profit organisations.

• (5) The Regulator may waive any requirement imposed under paragraph (2) in relation to all or any part of the State if it is satisfied that the relevant facility or service is widely available in, or in any part of, the State.

• (6) A designated undertaking that fails to comply with the requirements of paragraph (1) or (2) commits an offence and is liable on summary conviction to a class A fine.

• (7) In proceedings for an offence under paragraph (6) it is a defence for the undertaking charged to show that it took all reasonable steps and exercised due diligence to avoid committing the offence.

Cost of universal service obligations

75.

• (2) A request under paragraph (1) shall be accompanied by such supporting information as may be reasonably required by the Regulator for the purpose of paragraph (3). The data may be based on such period as may be specified by the Regulator.

• (3) The Regulator shall calculate the net costs of its provision based on —

• (a) the net costs, taking into account any market benefit which accrues to a provider designated for —

• (i) the provision of a universal service obligation, or

• (ii) the continuation of the existing universal service as set out in Regulation 73, in accordance with Schedule 6, or

• (b) where applicable, the net costs identified by a designation method in accordance with Regulation 72(4).

• (4) The Regulator shall, on the basis of such information, including information supplied under paragraph (2), as it considers sufficient to enable a determination under this Regulation to be made, determine whether an obligation referred to in paragraph (1) represents an unfair burden on the undertaking concerned.

• (5) The Regulator shall ensure that the principles for net cost calculation, including the details of methodology to be used are publicly available.

• (6) Where the Regulator makes a determination under this Regulation it shall notify the undertaking concerned of that determination together with the reasons for the determination as soon as reasonably practicable after the determination is made.

• (7) The accuracy of the accounts or other information, serving as the basis for the calculation of the net cost of an obligation, shall be audited or verified, as appropriate, by the Regulator or by a body approved of by the Regulator and independent of the undertaking concerned.

• (8) The Regulator shall make publicly available the results of the cost calculations and the conclusions of any audit or verification undertaken under this Regulation.

• (9) A designated undertaking that fails to comply with the requirements of paragraph (2) commits an offence and is liable on summary conviction to a class A fine.

• (10) In proceedings for an offence under paragraph (9) it is a defence for the undertaking charged to show that it took all reasonable steps and exercised due diligence to avoid committing the offence.

Financing of universal service obligations and transparency

76.

• (2) Any sharing mechanism established under paragraph (1) shall respect the principles of transparency, least market distortion, non-discrimination and proportionality in accordance with the principles of Part B of Schedule 6. The Regulator may decide not to require contributions from undertakings whose audited national turnover is less than such amount as may, from time to time, be specified by the Regulator, having regard to any views expressed to it under any consultations carried out in accordance with Regulations 101 and 102, as appropriate.

• (3) Any charges related to the sharing of the cost of a universal service obligation shall be unbundled and identified separately for each undertaking.

• (4) The Regulator shall not under this Regulation, impose on, or collect from, an undertaking that is not providing services within the State, any charge.

• (5) The Regulator shall notify each undertaking required to share the cost of a universal service obligation of that undertaking’s obligation to contribute to such cost including the amount, manner and timing of payments to be made.

• (6) An undertaking which has been notified of its obligation to contribute an amount specified by the Regulator under paragraph (5) shall pay that amount in the time and manner specified by the Regulator.

• (7) Any amount payable to the Regulator under this Regulation that remains unpaid may be recovered by the Regulator as a simple contract debt in any court of competent jurisdiction and any such amount shall include interest at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act 1840 on the amount or part of it remaining unpaid in respect of the period between the date when such amount or part of it fell due and the date of payment of such amount or part.

• (8) The Regulator shall, subject to the protection of the confidentiality of any information which it considers confidential, publish an annual report setting out the calculated net cost of universal service obligations, identifying the contributions made by all the undertakings involved and identifying any market benefits that may have accrued to any undertaking designated by the Regulator under Regulation 71, 72 or 73.

• (9) The Regulator shall, subject to the Freedom of Information Act 2014 , accept as confidential any information provided under these Regulations by an undertaking providing electronic communications networks or services expressed by it to be confidential, except where the Regulator has good reason to consider otherwise.

• (10) The Regulator shall publish and make publicly available all information in relation to the principles used for cost sharing, including the details of the mechanism used.

• (11) An undertaking that fails to comply with the requirements of paragraph (6) commits an offence and is liable on summary conviction to a class A fine.

Additional mandatory services

77.

• (2) Upon conclusion of the consultation in accordance with paragraph (1), the Regulator may, with the consent of the Minister, designate an undertaking or sets of undertakings to provide the service referred to in paragraph (1) in all or part of the State. The Regulator may attach conditions or obligations to any such designation.

• (3) In designating an undertaking under paragraph (2), the Regulator shall adopt an efficient, objective, transparent and non-discriminatory designation mechanism whereby no undertaking is in principle excluded from being designated.

• (4) No compensation mechanism involving specific undertakings shall be imposed in respect of services provided in accordance with this Regulation.

Notification of universal service obligations

78.

Part 10 ACCESS TO NUMBERS AND SERVICES, AND RELATED PROVISIONS

Numbering resources

79.

• (2) The Regulator shall establish objective, transparent and non-discriminatory procedures for granting rights of use for national numbering resources.

• (3) The Regulator shall ensure that adequate numbering resources are provided for the provision of publicly available electronic communications services.

• (4) A person who assigns to locations, terminals, other persons or functions on public electronic communications networks numbers from the national numbering plan that the Regulator has not specifically allocated to the person in connection with the provision of publicly available electronic communications services commits a hybrid offence.

• (5)
• (a) The Regulator may also grant rights of use for numbering resources from the national numbering plan for the provision of specific services to a person who is not the provider of electronic communications networks or services, provided that adequate numbering resources are made available to satisfy current and foreseeable future demand.

• (b) In order to be granted such rights of use such a person shall demonstrate their ability to manage the numbering resources and to comply with any relevant requirements set out pursuant to Regulation 80.

• (c) The Regulator may suspend the further granting of rights of use for numbering resources to such persons if it is demonstrated that there is a risk of exhaustion of numbering resources.

• (d) In assessing the ability of a person to manage numbering resources in accordance with subparagraph (b) or the risk of exhaustion of numbering resources in accordance with subparagraph (c), the Regulator shall have regard to the guidelines adopted by BEREC in accordance with Article 93(2) of the Directive.

• (6) The Regulator shall, subject to ensuring the proper management of the national numbering plan, grant rights of use for numbering resources and number ranges for all publicly available electronic communications services in a manner that gives equal treatment to all providers of publicly available electronic communications services and the persons eligible in accordance with paragraph (5).

• (7) The Regulator may, without prejudice to the generality of Regulation 10, attach conditions to rights of use for numbering resources —

• (a) to ensure efficient and effective management of all numbering resources, and

• (b) to ensure that a person to which the right of use for numbering resources has been granted under this Regulation does not discriminate against a provider of publicly available electronic communications services as regards the numbering resources used to give access to its services.

• (8) The Regulator shall make available a range of non-geographic numbers which may be used for the provision of electronic communications services other than interpersonal communications services, throughout the territory of the European Union, without prejudice to Regulation (EU) No. 531/2012 of the European Parliament and of the Council of 13 June 2012¹² and Regulation 83(2).

• (9) Where rights of use for numbering resources have been granted in accordance with paragraph (5) to persons other than providers of electronic communications networks or services, paragraphs (8), (10) and (11) shall apply to the specific services for the provision of which the rights of use have been granted.

• (10) The Regulator shall ensure that —

• (a) the conditions listed in Part E of Schedule 1 that may be attached to the rights of use for numbering resources used for the provision of services outside the State, and their enforcement, are as stringent as the conditions and enforcement applicable to services provided within the State, in accordance with the Directive;

• (b) in accordance with Regulation 80(9) and (10), and without prejudice to the enforcement powers of the competent authorities in other Member States, that providers using numbering resources of their country code in the State comply with consumer protection and other national rules related to the use of numbering resources applicable in those Member States where the numbering resources are used.

• (11) The Regulator shall, upon request, provide to BEREC such information relating to persons as is relevant to BEREC’s role in establishing and maintaining a database on the numbering resources with a right of extraterritorial use within the European Union as referred to in Article 93(4) of the Directive.

• (12) The Regulator shall ensure that the ‘00’ code is the standard international access code.

• (13) The Regulator may specify requirements for compliance by persons for the purpose of ensuring that special arrangements for the use of number-based interpersonal communications services between locations adjacent to one another across borders between the State and another Member State may be established, and any such arrangements in place at the date of the making of these Regulations may be continued.

• (14) The Regulator may agree to share a common numbering plan for all or specific categories of numbers.

• (15) End-users affected by an arrangement or agreement referred to in paragraph (13) or (14) shall be fully informed by the Regulator.

• (16) Without prejudice to Regulation 90, the Regulator shall promote over-the-air provisioning, where technically feasible, to facilitate switching of providers of electronic communications networks or services by end-users, in particular providers and end-users of machine-to-machine services.

• (17) The Regulator shall, subject only to limitations which may be specified by the Minister on the grounds of national security, from time to time publish the details of the national numbering plan and significant subsequent additions or amendments to it.

• (18) The Regulator shall, in so far as is practicable, having regard to its objectives under section 12 of the Act of 2002 and Regulation 4 and to its tasks under these Regulations, support the harmonisation of specific numbers or numbering ranges within the European Union where it promotes both the functioning of the internal market and the development of pan-European services.

• (19) A person that fails to comply with a requirement specified under paragraph (13) commits an offence and is liable on summary conviction to a class A fine.

• (20) In proceedings for an offence under paragraph (19) it is a defence for the person charged to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

Procedure for granting rights of use for numbering resources

80.

• (2) The rights of use for numbering resources shall be granted through open, objective, transparent, non-discriminatory and proportionate procedures and shall be made publicly available.

• (3) When granting a right of use in accordance with paragraph (1), the Regulator shall specify whether such right may be transferred by the holder and under what conditions such a transfer may take place.

• (4) Where the Regulator grants rights of use for numbering resources for a limited period, the duration of that period shall be appropriate for the service concerned with a view to the objective pursued, taking due account of the need to allow for an appropriate period for investment amortisation.

• (5) Subject to paragraph (7), the Regulator shall make any decision on the grant of a right to use numbering resources as soon as possible after receipt by it of a complete application and in the case of numbering resources that have been allocated for a specific purpose within the national numbering plan, within 3 weeks after such receipt.

• (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 is reasonably practicable 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 is reasonably practicable after informing the applicant.

• (7) Where the Regulator decides, after consultation in accordance with Regulation 101 that rights of use for numbering resources of exceptional economic value are to be granted through competitive or comparative selection procedures, the Regulator may extend the maximum period of three weeks referred to in paragraph (5) by up to a further 3 weeks.

• (8) The Regulator shall not limit the number of individual rights of use to be granted, except where this is necessary to ensure the efficient use of numbering resources.

• (9) Where the rights of use for numbering resources include their extraterritorial use within the European Union in accordance with Regulation 79(8) to (11), the Regulator shall attach to those rights of use specific conditions in order to ensure compliance with all the relevant national consumer protection rules and national law related to the use of numbering resources applicable in the Member States where the numbering resources are used.

• (10) Upon request from a national regulatory authority or other competent authority of another Member State where the numbering resources are used, demonstrating a breach of relevant consumer protection rules or national laws related to the use of numbering resources of that Member State, the Regulator shall enforce the conditions attached under paragraph (9), including, in serious cases, by withdrawing the rights of extraterritorial use for the numbering resources granted to the person concerned.

• (11) This Regulation shall apply where the Regulator grants rights of use for numbering resources to persons other than providers of electronic communications networks or services in accordance with Regulation 79(5).

Fees for rights of use for numbering resources

81.

• (2) The Regulator shall ensure that any such fees referred to in paragraph (1) shall be 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 Regulation 4.

• (3) Any fees imposed under this Regulation by the Regulator shall be published on the website of the Regulator and in such other manner as the Regulator may decide.

Missing children and child helpline hotlines

82.

• (2) The Regulator shall ensure that end-users are adequately informed of the existence and use of services provided under the numbers “116000” and, where appropriate, ‘116111’.

• (3) The Regulator shall, in accordance with Regulation 80, specify conditions applicable to the use of services provided under the number “116000” for the purpose of ensuring that end-users with disabilities are able to access such services to the greatest extent possible. Any conditions so specified that facilitate access by end-users with disabilities to such services whilst travelling in other Member States shall be based on compliance with relevant standards or specifications laid down in accordance with Regulation 23.

Access to numbers and services

83.

• (a) access and use services using non-geographic numbers within the European Union, and

• (b) access all numbers provided in the European Union, regardless of the technology and devices used by the operator, including those in the national numbering plans of Member States and Universal International Freephone Numbers (UIFN).

• (2) The Regulator may require providers of public electronic communications networks or publicly available electronic communications services to block, on a case by case basis, access to numbers or services where this is justified by reason of fraud or misuse and to require that in such cases those providers withhold relevant interconnection or other service revenues.

Part 11 END-USER RIGHTS

Exemption of certain microenterprises

84.

• (2) A microenterprise benefitting from an exemption referred to in paragraph (1) shall inform an end-user of the exemption before the end-user is bound by a contract or any corresponding offer in a clear, comprehensive and easily accessible form. Any notification provided to the end-user pursuant to this paragraph shall be on a durable medium.

• (3) A microenterprise that fails to comply with an obligation under paragraph (2) commits an offence and is liable on summary conviction to a class A fine.

Non-discrimination

85.

• (2) Where the Regulator considers that any different requirements or general conditions of access to, or use of, networks or services applied under paragraph (1) by a provider of electronic communications networks or services is not justified, the Regulator may direct the provider to cease their application.

• (3) A provider who, without reasonable excuse, fails to comply with a direction under paragraph (2) commits an offence and is liable on summary conviction to a class A fine.

Fundamental rights safeguard

86.

Information requirements for contracts

87.

• (2) The information referred to in paragraph (1) shall be provided in a clear and comprehensible manner on a durable medium or, where provision on a durable medium is not feasible, in an easily downloadable document made available by the provider. The provider shall expressly draw the consumer’s attention to the availability of that document and the importance of downloading it for the purposes of documentation, future reference and unchanged reproduction.

• (3) The Regulator may specify the circumstances in which provision of information referred to in paragraph (1) on a durable medium will not be feasible.

• (4) Subject to any requirement of law for accessibility for products or services, the information referred to in paragraph (1) shall, upon request, be provided in an accessible format for end-users with disabilities.

• (5) The Regulator may specify requirements in order to ensure compliance by providers with paragraph (4).

• (6) The information referred to in paragraphs (1), (7) and (10) shall also be provided to end-users that are microenterprises or small enterprises or not-for-profit organisations, unless they have explicitly agreed to waive all or part of those provisions and the provisions of this Regulation shall apply mutatis mutandis. Providers shall maintain a record of such waiver in accordance with data protection law.

• (7) Providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services shall provide consumers with a concise and easily readable contract summary. That summary shall identify the main elements of the information requirements in accordance with paragraph (1), which shall include at least:

• (a) the name, address and contact information of the provider and, if different, the contact information for any complaint;

• (b) the main characteristics of each service provided;

• (c) the respective prices for activating the electronic communications service and for any recurring or consumption-related charges, where the service is provided for direct monetary payment;

• (d) the duration of the contract and the conditions for its renewal and termination;

• (e) the extent to which the products and services are designed for end-users with disabilities; and

• (f) with respect to internet access services, a summary of the information required pursuant to points (d) and (e) of Article 4(1) of Regulation (EU) 2015/2120.

• (8) Providers subject to the obligations under paragraph (1) shall duly complete the contract summary template with the required information and provide the contract summary template free of charge to consumers, prior to the conclusion of the contract, including distance contracts. Where, for objective technical reasons, it is impossible to provide the contract summary at that moment, it shall be provided without undue delay thereafter, and the contract shall become effective when the consumer has confirmed his or her agreement after reception of the contract summary.

• (9) The information referred to in paragraphs (1) and (7) shall become an integral part of the contract and shall not be altered unless the contracting parties expressly agree otherwise. Providers shall maintain a record of a consumer’s express consent in accordance with data protection law.

• (10) Where internet access services or publicly available interpersonal communications services are billed on the basis of either time or volume consumption, their providers shall offer consumers the facility to monitor and control the usage of each of those services. This facility shall include access to timely information on the level of consumption of services included in a tariff plan. In particular, providers shall notify consumers before any consumption limit, as established by the Regulator, included in their tariff plan, is reached and when a service included in their tariff plan is fully consumed.

• (11) The Regulator may further specify requirements in respect of the timing, format, and content of notifications referred to in paragraph (10) and the mediums upon which they may be sent.

• (12) A provider who fails to —

• (a) provide information under paragraph (1) or (7) in accordance with this Regulation,

• (b) comply with a requirement imposed under paragraph (5), or

• (c) offer the facilities or make notifications under paragraph (10) in accordance with this Regulation,

commits an offence and is liable on summary conviction to a class A fine.

• (13) A provider shall comply with Article 2 of Commission Implementing Regulation (EU) 2019/2243 of 17 December 2019² .

• (14) A provider who fails to comply with paragraph (13) commits an offence and is liable on summary conviction to a class A fine.

• (15) In proceedings for an offence under paragraph (12) it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

Transparency, comparison of offers and publication of information

88.

• (2) The Regulator may —

• (a) further specify the requirements regarding the publication of information referred to in paragraph (1), and in particular —

• (i) the requirements that the information is published in a clear, comprehensive and machine-readable manner,

• (ii) the requirement that the information is published in an accessible format for end-users with disabilities, and

• (b) require a provider to which paragraph (1) applies to supply it with the information referred to in that paragraph prior to its publication by the provider.

• (3) Without prejudice to paragraphs (1) and (2), the Regulator may publish some or all of the information referred to in Schedule 8.

• (4) The Regulator may, if it considers it appropriate to do so, promote self or co-regulatory measures prior to requiring a provider referred to in paragraph (1) to act in accordance with that paragraph.

• (5) The Regulator shall ensure that end-users have access free of charge to at least one independent comparison tool which enables them to compare and evaluate different internet access services and publicly available number-based interpersonal communications services, and, where applicable publicly available number-independent interpersonal communications services with regard to —

• (a) prices and tariffs of services provided against recurring or consumption-based direct monetary payments, and

• (b) the quality of service performance, where minimum quality of service is offered or the undertaking is required to publish such information in accordance with Article 104 of the Directive.

• (6) A comparison tool referred to in paragraph (5) shall —

• (a) (i) be operationally independent from the providers of such services referred to in paragraph (5), and

• (ii) ensure that those providers are given equal treatment in search results,

• (b) clearly disclose the owners and operators of the comparison tool,

• (c) set out clear and objective criteria on which the comparison is to be based,

• (d) use plain and unambiguous language,

• (e) provide accurate and up-to-date information and state the time of the last update,

• (f) be open to any provider of internet access services or publicly available interpersonal communications services making available the relevant information, and include a broad range of offers covering a significant part of the market and, where the information presented is not a complete overview of the market, a clear statement to that effect, before displaying results,

• (g) provide an effective procedure to report incorrect information, and

• (h) include the possibility to compare prices, tariffs and quality of service performance between offers available to consumers and, if required by the Regulator, between those offers and the standard offers publicly available to other end-users.

• (7) A comparison tool shall, upon request by the provider of the tool, be certified by the Regulator or by a person nominated by the Regulator where the Regulator or the person determines that the tool fulfils the requirements of subparagraphs (a) to (h) of paragraph (6).

• (8) The Regulator may specify requirements to be complied with by providers of the services referred to in paragraph (5) and by providers of comparison tools in order to ensure compliance with paragraphs (5) and (6). These requirements may include, without limitation, requirements regarding accessibility for end-users with disabilities.

• (9) The Regulator may provide a comparison tool for the purposes of this Regulation either itself, or by way of third party procurement, even where another comparison tool meeting the requirements of this Regulation is available to end-users.

• (10) Third parties, including those procured by the Regulator in accordance with paragraph (9), shall have the right to use, free of charge and in open data formats, the information published by providers of internet access services or publicly available interpersonal communications services, for the purposes of making available independent comparison tools in accordance with this Regulation.

• (11) The Regulator may, at its own initiative or at the request of the Minister, require a provider of internet access services or publicly available number-based interpersonal communications services, or both, to distribute public interest information free of charge to existing and new end-users where appropriate, by the means that it ordinarily uses with end-users.

• (12) Public interest information for the purpose of paragraph (11) shall be provided in a standardised format to relevant providers and shall, inter alia, cover the following topics —

• (a) the most common uses of internet access services and publicly available number-based interpersonal communications services to engage in unlawful activities or to disseminate harmful content, in particular where it may prejudice respect for the rights and freedoms of others, including infringements of data protection rights, copyright and related rights, and their legal consequences, and

• (b) the means of protection against risks to personal security, privacy and personal data when using internet access services and publicly available number-based interpersonal communications services.

• (13) A provider that fails to —

• (a) publish the information required under paragraph (1) in accordance with this Regulation, or

• (b) comply with a requirement imposed by the Regulator under paragraph (8) or (11),

commits an offence and is liable on summary conviction to a class A fine.

• (14) In proceedings for an offence under paragraph (13) it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

Contract duration and termination

89.

• (2) A provider of publicly available electronic communications services, other than transmission services used for the provision of machine-to-machine services, shall not conclude a contract with a consumer that mandates a commitment period longer than 24 months. A provider who concludes a contract in contravention of this paragraph commits a hybrid offence.

• (3) Paragraphs (1) and (2) shall not apply to the duration of an instalment contract where the consumer has agreed in a separate contract to instalment payments exclusively for deployment of a physical connection, in particular to very-high-capacity networks. An instalment contract for the deployment of a physical connection shall not include terminal equipment, such as a router or modem, and shall not preclude consumers from exercising their rights under this Regulation.

• (4) Paragraphs (1) and (2) shall also apply to end-users that are microenterprises, small enterprises or not-for-profit organisations unless they have specifically agreed to waive those provisions. Providers shall maintain a record of such waiver in accordance with data protection law.

Prolongation of fixed term contract

• (5)
• (a) In this Regulation a reference to the prolongation of a fixed duration contract is a reference to a contract that following the expiry of a fixed term automatically continues on the same terms and conditions and irrespective of the term of the prolongation.

• (b) Where a contract or law provides for automatic prolongation of a fixed duration contract for electronic communications services other than number-independent interpersonal communications services and other than transmission services used for the provision of machine-to-machine services, after such prolongation, end-users shall be entitled to terminate the contract at any time with a maximum one-month notice period, or such shorter notice period as may be specified by the Regulator, and without incurring any costs except the charges for receiving the service during the notice period.

• (c) A provider of services to which subparagraph (b) applies shall not prevent an end-user from terminating their contract in accordance with that subparagraph. A provider who so prevents an end-user commits a hybrid offence.

• (6) Before a fixed duration contract is automatically prolonged the provider concerned shall inform the end-user, in a prominent and timely manner (being not less than one month before the prolongation date) and on a durable medium, of the end of the contractual commitment and of the means by which to terminate the contract. In addition, and at the same time, providers shall give end-users best tariff advice relating to their services. Providers shall provide end-users with best tariff information at least annually. A provider who fails to inform an end-user or give tariff advice or information in accordance with this paragraph commits a hybrid offence. Proceedings for an offence under this paragraph shall not be instituted where a direction under paragraph (16) has been issued in respect of the non-compliance.

Termination of contracts – change of contractual conditions

• (7) A provider of publicly available electronic communications services other than number-independent interpersonal communications services, shall, not less than one month prior to the date of implementation of any change in the contractual conditions that is proposed by that provider, notify end-users in a clear and comprehensible manner on a durable medium, of —

• (a) the proposed change in the conditions of the contract for the service, and

• (b) where applicable, their right to terminate their contract without incurring any further cost if they do not accept the change.

• (8)
• (a) The Regulator may specify requirements to be complied with by providers of the services referred to in paragraph (7), in order to ensure compliance with that paragraph. A provider who fails to comply with such a requirement commits an offence and is liable on summary conviction to a class A fine.

• (b) A provider who fails to notify an end-user of proposed changes under paragraph (7)(a) or the right to terminate under paragraph (7)(b) commits a hybrid offence.

• (9) Subject to paragraph (10) and in accordance with paragraph (12), an end-user has the right to terminate their contract with a provider referred to in paragraph (7) during the termination period without incurring further cost if they do not accept a proposed change referred to in paragraph (7).

• (10) A proposed change in the conditions of a contract shall not entitle an end-user to terminate the contract in accordance with paragraph (9) where the change is —

• (a) exclusively to the benefit of the end-user,

• (b) is of a purely administrative nature and has no negative effect on the end-user, or

• (c) is directly imposed by law.

• (11) Whether a contract change is exclusively to the benefit of the end-user shall be assessed by the Regulator on the basis of objective criteria and the Regulator may require a provider, where it proposes to exclude or has excluded the right of an end-user to terminate a contract on the basis of the exclusions referred to in paragraph (10), to justify such an exclusion.

• (12) Where, in accordance with paragraph (7), a provider notifies an end-user of a proposed change to its contractual conditions in excess of one month prior to the date of implementation of the proposed contract change, the end-user shall be entitled to terminate the contract without incurring any further costs during the termination period, being —

• (a) the period commencing on the date of notification of the proposed contract change and concluding on the date immediately prior to the date of implementation of the proposed contract change, or

• (b) the period commencing four months prior to the date of implementation of a notified proposed contract change and concluding on the date immediately prior to the date of implementation of the proposed contract change,

whichever is the shorter period, or where they are of the same duration, that period.

Termination of contracts – discrepancy of service

• (13) Any significant continued or frequently recurring discrepancy between the actual performance of an electronic communications service, other than an internet access service or a number-independent interpersonal communications service, and the performance indicated in the contract shall be considered to be a basis for triggering the remedies available in law, including the right to terminate the contract free of cost.

• (14)
• (a) Where an end-user has the right to terminate a contract for a publicly available electronic communications service, other than a number-independent interpersonal communications service, before the end of the agreed contract period under this Regulation or other provision of law, no compensation shall be due by the end-user other than for retained subsidised terminal equipment.

• (b) Where the end-user chooses to retain terminal equipment bundled at the moment of the conclusion of the contract, any compensation due shall not exceed its pro rata temporis value as agreed at the moment of the conclusion of the contract or the remaining part of the service fee until the end of the contract, whichever is the smaller.

• (c) The Regulator may, following the procedure referred to in Regulations 101 and 102, as appropriate, determine other methods to calculate the compensation rate, provided that such methods do not result in a level of compensation exceeding that calculated in accordance with subparagraph (b).

• (d) A provider shall lift any condition on the use of terminal equipment retained in accordance with this Regulation on other networks free of charge within such time period as may be specified by the Regulator and at the latest, upon payment of any compensation by the end-user. A provider who fails to lift any such condition in accordance with this subparagraph commits a hybrid offence.

Machine-to-machine services

• (15) The right to terminate a contract under paragraph (9) or (14) shall benefit only end-users of transmission services used for machine-to-machine services that are consumers, microenterprises, small enterprises or not-for-profit organisations.

Directions

• (16) Where the Regulator, on the Regulator’s own initiative, or upon the complaint of an end-user, considers that a provider is failing to comply with paragraph (1), (3) or (6) or the exercise of a right of an end-user under this Regulation, the Regulator may give a direction to the provider to ensure compliance in accordance with, and within the period specified in, the direction. The direction shall set out the nature of the non-compliance and the remedies to ensure compliance. The direction takes effect upon its service, but the provider concerned may make representations to the Regulator within 21 days of service or such later period decided by the Regulator. Having considered any representations, the Regulator shall confirm the direction, with or without amendment, or withdraw it, if satisfied the direction is being complied with. A provider who, without reasonable excuse, fails to comply with a direction commits an offence and is liable on summary conviction to a class A fine.

Defence

• (17) In proceedings for an offence under paragraph (6), it is a defence for a provider to show that it took all reasonable steps and exercised all due diligence to avoid committing the offence.

Provider switching and number portability

90.

• (a) the providers concerned shall provide the end-user with adequate information before and during the switching process and ensure continuity of the internet access service, unless technically not feasible,

• (b) the receiving provider shall ensure that the activation of the internet access service occurs within the shortest possible time on the date and within the timeframe expressly agreed with the end-user, and

• (c) the transferring provider shall continue to provide its internet access service on the same terms until the receiving provider activates its internet access service.

Loss of service during the switching process shall not exceed one working day.

A provider who fails to comply with this paragraph commits a hybrid offence.

• (2) The Regulator shall ensure the efficiency and simplicity of the switching process for the end-user and may specify requirements to be complied with by providers in this regard.

• (3) An end-user with a number from the national numbering plan has the right, upon request, to retain his or her number independently of the provider providing the service —

• (a) in the case of geographic numbers, at a specific location, and

• (b) in the case of non-geographic numbers, at any location.

This paragraph does not apply to the porting of numbers between networks providing services at a fixed location and mobile networks. A provider who fails to allow an end-user to retain their number in accordance with this paragraph commits a hybrid offence.

• (4)
• (a) Where an end-user terminates a contract with a provider, the end-user has the right to port a number from the national numbering plan to another provider for a minimum of one month after the date of termination, or such other period as may be agreed with the provider, unless that right is renounced by the end-user.

• (b) A record of such renunciation by an end-user shall be maintained by the provider in accordance with data protection law.

• (c) A provider who fails to comply with subparagraph (a) commits an offence and is liable on summary conviction to a class A fine.

• (5) Pricing among providers related to the provision of number portability as provided for in paragraph (3) shall be cost-oriented and no direct charges shall be applied to end-users.

• (6) The Regulator may issue a direction to a provider to ensure compliance by that provider with its obligations under paragraph (5). A provider who fails to comply with a direction issued to him or her commits a hybrid offence.

• (7)
• (a) The porting of numbers and their subsequent activation shall be carried out within the shortest possible time on the date explicitly agreed with the end-user.

• (b) In the case where an end-user has concluded an agreement to port a number to a new provider, that number shall be activated within one working day from the date agreed with the end-user.

• (c) In the case of failure of the porting process, the transferring provider shall reactivate the number and related services of the end-user until the porting is successful.

• (d) The transferring provider shall continue to provide its services on the same terms and conditions until the services of the receiving provider are activated.

• (e) Operators whose access networks or facilities are used by either the transferring or the receiving provider, or both, shall ensure that there is no loss of service that would delay the switching and porting process.

Loss of service during the porting process shall not exceed one working day.

A provider who fails to comply with subparagraph (a), (b), (c) or (d) or an operator who fails to comply with subparagraph (e) commits a hybrid offence.

• (8)
• (a) The receiving provider shall lead the switching and porting processes set out in paragraphs (1) and (7) and both the receiving and transferring providers shall cooperate in good faith.

• (b) The receiving and transferring providers shall not —

• (i) delay or abuse the switching or porting processes, or

• (ii) port numbers or switch end-users without the end-users’ explicit consent.

• (c) An end-user’s contract with the transferring provider shall be terminated automatically upon conclusion of the switching process.

• (d) A provider who fails to comply with subparagraph (b)(ii) or (c)commits a hybrid offence.

• (9) The Regulator may take measures to establish the details of the switching and porting processes, taking into account national provisions on contracts, technical feasibility and the need to maintain continuity of service to the end-user. This shall include, where technically feasible, a requirement for the porting to be completed through over-the-air provisioning, unless an end-user requests otherwise. A provider who fails to comply with any switching or porting process established by the Regulator commits a hybrid offence.

• (10) The Regulator shall take appropriate measures to ensure that end-users are adequately informed and are protected throughout the switching and porting processes and not switched to another provider without their consent.

• (11) Transferring providers shall refund, upon request, any remaining credit to a consumer using pre-paid services. Such refunds may be subject to a fee only if provided for in the consumer’s contract. Any such fee shall be proportionate and commensurate with the actual costs incurred by the transferring provider in offering the refund.

• (12) The obligations referred to in this Regulation apply to all providers, and operators whose access networks or facilities are used by providers with a role in facilitating change of provider, including the provider to which the end-user is porting and any wholesale provider with involvement in the process.

Bundled offers

91.

• (2) Where a consumer has, under European Union law, or national law in accordance with European Union law, a right to terminate any element of the bundle as referred to in paragraph (1) before the end of the agreed contract term because of a lack of conformity with the contract or a failure to supply, the consumer has the right to terminate the contract with respect to all elements of the bundle.

• (3) Any subscription to additional services or terminal equipment provided or distributed by the same provider of internet access services or of publicly available number-based interpersonal communications services shall not extend the original duration of the contract to which such services or terminal equipment are added, unless the consumer expressly agrees otherwise when subscribing to the additional services or terminal equipment. The provider shall maintain a record of any express agreement in accordance with data protection law.

• (4) Paragraphs (1) and (3) shall also apply to end-users that are microenterprises, small enterprises, or not-for-profit organisations, unless they have explicitly agreed to waive all or parts of those provisions. Waiver of such provisions shall not be made a condition of such end-users entering a contract for the services referred to in those paragraphs.

• (5) The Regulator may also apply paragraph (1) as regards other provisions laid down in this Part.

Availability of services

92.

• (2) A provider of voice communications services shall take all necessary measures to ensure uninterrupted access to emergency services and uninterrupted transmission of public warnings.

• (3) The Regulator may give a direction to a provider to give effect to this Regulation.

• (4) A provider that fails to comply with a direction of the Regulator under paragraph (3) commits an offence and is liable on summary conviction to a class A fine.

Emergency communications and single European emergency number

93.

• (2) The emergency communications for the purposes of paragraph (1) are voice communications services, SMS, and eCall as defined in Regulation (EU) 2015/758 of the European Parliament and of the Council of 29 April 2015¹³ , and communications services determined under paragraph (3)(a)(i).

• (3)
• (a) Without prejudice to paragraphs (1) and (2), the Regulator, in consultation with the Minister, having taken into account the capabilities and technical equipment of PSAPs, and having consulted with the emergency services, providers of electronic communications services, and other interested parties, in accordance with Regulations 101 and 102, as appropriate, shall:

• (i) determine publicly available number-based interpersonal communications services that are appropriate for emergency services in accordance with paragraph (1),

• (ii) specify obligations for compliance by providers for the provision of access to emergency services through the emergency communications determined in accordance with (i), and

• (iii) without prejudice to subparagraph (b), specify standards to be complied with by network independent providers (as referred to in paragraph (7)) to ensure accurate and reliable routing and connection to the emergency services in order to fulfil the obligations in relation to access to emergency services and caller location information provision provided for in this Regulation, at a level comparable to that required of other providers of such communications services.

• (b) The Regulator may review any obligations or standards specified, or any determination made in accordance with the procedures set out in this paragraph.

• (4) Following a determination by the Regulator in accordance with paragraph (3), providers of the services referred to in paragraph (1) shall provide access to emergency services to the most appropriate PSAP through such emergency communications services as may be determined, and in accordance with any obligations and where applicable any standards, specified by the Regulator.