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

When applied on the basis of Regulation 74, this Part is applicable to consumers.

When applied on the basis of Regulation 97, this Part is applicable to the categories of end-users determined by the Regulator, except for paragraphs (c), (d) and (g) below which are applicable only to consumers.

• (a) Itemised billing

The Regulator, subject to the requirements of the Privacy and Electronic Communications Regulations and data protection law, may lay down the basic level of itemised bills which are to be offered by undertakings to end-users free of charge in order that they can:

• (i) allow verification and control of the charges incurred in using internet access services or voice communications services, or number-based interpersonal communications services in the case of Regulation 97; and

• (ii) adequately monitor their usage and expenditure and thereby exercise a reasonable degree of control over their bills.

Where appropriate, additional levels of detail may be offered to end-users at reasonable tariffs or at no charge.

Such itemised bills shall include an explicit mention of the identity of the supplier and of the duration of the services charged by any premium numbers unless the end-user has requested that information not to be mentioned.

Calls which are free of charge to the calling end-user, including calls to helplines, shall not be required to be identified in the calling end-user’s itemised bill.

The Regulator may require operators to provide calling-line identification free of charge.

• (b) Selective barring for outgoing calls or premium SMS or MMS, or, where technically feasible, other kinds of similar applications, free of charge

namely, the facility whereby an end-user can, on request to a provider of voice communications services, or number-based interpersonal communications services in the case of Regulation 97, bar outgoing calls or premium SMS or MMS or other kinds of similar applications of defined types or to defined types of numbers free of charge.

• (c) Pre-payment systems

The Regulator may require undertakings to offer means for consumers to pay for access to the public electronic communications network and use of voice communications services, or internet access services, or number-based interpersonal communications services in the case of Regulation 97, on pre-paid terms.

• (d) Phased payment of connection fees

The Regulator may require undertakings to allow consumers to pay for connection to the public electronic communications network on the basis of payments phased over time.

• (e) Non-payment of bills

The Regulator may authorise specified measures, which are to be proportionate, non-discriminatory and published, to cover non-payment of bills issued by undertakings. Those measures are to ensure that due warning of any consequent service interruption or disconnection is given to the end-user beforehand. Except in cases of fraud, persistent late payment or non-payment, those measures shall ensure, as far as is technically feasible, that any service interruption is confined to the service concerned. Disconnection for non-payment of bills shall take place only after due warning is given to the end-user. The Regulator may allow a period of limited service prior to complete disconnection, during which only calls that do not incur a charge to the end-user (for example, calls to the ‘112’ number) and minimum service level of internet access services, defined by the Regulator in light of national conditions, are permitted.

• (f) Tariff advice

namely, the facility whereby end-users may request the provider to offer information regarding alternative lower-cost tariffs, if available.

• (g) Cost control

namely, the facility whereby undertakings offer other means, if determined to be appropriate by the Regulator, to control the costs of voice communications services or internet access services, or number-based interpersonal communications services in the case of Regulation 97, including free-of-charge alerts to consumers in the case of abnormal or excessive consumption patterns.

• (h) Facility to deactivate third party billing

namely, the facility for end-users to deactivate the ability for third party service providers to use the bill of a provider of an internet access service or a provider of a publicly available interpersonal communications service to charge for their products or services.

Part B Facilities referred to in Regulation 97

• (a) Calling-line identification

namely, the calling party’s number is presented to the called party prior to the call being established.

This facility shall be provided in accordance with the Privacy and Electronic Communications Regulations and data protection law.

To the extent technically feasible, operators shall provide data and signals to facilitate the offering of calling-line identity and tone dialling across Member State boundaries.

• (b) E-mail forwarding or access to e-mails after termination of the contract with a provider of an internet access service.

This facility shall, on request and free-of-charge, enable end-users who terminate their contract with a provider of an internet access service to either access their e-mails received on the e-mail address based on the commercial name or trade mark of the former provider, during a period that the Regulator considers necessary and proportionate, or to transfer e-mails sent to that address during that period to a new email address specified by the end-user.

SCHEDULE 6 CALCULATING NET COST, IF ANY, OF UNIVERSAL SERVICE OBLIGATIONS AND ESTABLISHING ANY COMPENSATION OR SHARING MECHANISM IN ACCORDANCE WITH REGULATIONS 75 AND 76

Regulation 75, 76

Part A Calculation of net cost

Universal service obligations refer to those obligations placed upon an undertaking by a Member State which concern the provision of universal service as set out in Regulations 70 to 73.

National regulatory authorities are to consider all means to ensure appropriate incentives for undertakings (designated or not) to provide universal service obligations cost efficiently. In undertaking a calculation exercise, the net cost of universal service obligations is to be calculated as the difference between the net cost for any undertaking operating with the universal service obligations and operating without the universal service obligations. Due attention is to be given to correctly assessing the costs that any undertaking would have chosen to avoid had there been no universal service obligations. The net cost calculation shall assess the benefits, including intangible benefits, to the universal service provider.

The calculation is to be based upon the costs attributable to:

• (i) elements of the identified services which can only be provided at a loss or provided under cost conditions falling outside normal commercial standards.

This category may include service elements such as access to emergency telephone services, provision of certain public pay telephones, provision of certain services or equipment for end-users with disabilities, and so on;

• (ii) specific end-users or groups of end-users who, taking into account the cost of providing the specified network and service, the revenue generated and any geographical averaging of prices imposed by the Member State, can only be served at a loss or under cost conditions falling outside normal commercial standards.

This category includes those end-users or groups of end-users which would not be served by a commercial provider which did not have an obligation to provide universal service.

The calculation of the net cost of specific aspects of universal service obligations is to be made separately and in order to avoid the double counting of any direct or indirect benefits and costs. The overall net cost of universal service obligations to any undertaking is to be calculated as the sum of the net costs arising from the specific components of universal service obligations, taking account of any intangible benefits. The responsibility for verifying the net cost lies with the national regulatory authority.

Part B Compensation of net costs of universal service obligations

The recovery or financing of any net costs of universal service obligations may require undertakings with universal service obligations to be compensated for the services they provide under non-commercial conditions. Because such a compensation involves financial transfers, Member States are to ensure that those are undertaken in an objective, transparent, non-discriminatory and proportionate manner. This means that the transfers result in the least distortion to competition and to user demand.

In accordance with Regulation 76, a sharing mechanism based on a fund shall use a transparent and neutral means for collecting contributions that avoids the danger of a double imposition of contributions falling on both outputs and inputs of undertakings.

The independent body administering the fund is to be responsible for collecting contributions from undertakings which are assessed as liable to contribute to the net cost of universal service obligations in the Member State and is to oversee the transfer of sums due or administrative payments to the undertakings entitled to receive payments from the fund.

SCHEDULE 7 INFORMATION REQUIREMENTS TO BE PROVIDED IN ACCORDANCE WITH REGULATION 87 (INFORMATION REQUIREMENTS FOR CONTRACTS)

Regulation 87

A. Information requirements for providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services

Providers of publicly available electronic communications services other than transmission services used for the provision of machine-to-machine services shall provide the following information:

• (1) as part of the main characteristics of each service provided, any minimum levels of quality of service to the extent that those are offered and, for services other than internet access services, the specific quality parameters assured.

Where no minimum levels of quality of service are offered, a statement to this effect shall be made;

• (2) as part of the information on price, where and to the extent applicable, the respective prices for activating the electronic communications service and for any recurring or consumption-related charges;

• (3) as part of the information on the duration of the contract and the conditions for renewal and termination of the contract, including possible termination fees, to the extent that such conditions apply:

• (i) any minimum use or duration required to benefit from promotional terms;

• (ii) any charges related to switching and compensation and refund arrangements for delay or abuse of switching, as well as information about the respective procedures;

• (iii) information on the right of consumers using pre-paid services to a refund, upon request, of any remaining credit in the event of switching, as set out in Regulations 90(8) to (11);

• (iv) any fees due on early termination of the contract, including information on unlocking the terminal equipment and any cost recovery with respect to terminal equipment;

• (4) any compensation and refund arrangements, including, where applicable, explicit reference to rights of consumers, which apply if contracted levels of quality of service are not met or if the provider responds inadequately to a security incident, threat or vulnerability;

• (5) the type of action that might be taken by the provider in reaction to security incidents or threats or vulnerabilities.

B. Information requirements for providers of internet access services and publicly available interpersonal communications services

I. In addition to the requirements set out in Part A, providers of internet access services and publicly available interpersonal communications services shall provide the following information:

• (1) as part of the main characteristics of each service provided:

• (i) any minimum levels of quality of service to the extent that these are offered, and taking utmost account of the BEREC guidelines adopted in accordance with Article 104(2) regarding:

— for internet access services: at least latency, jitter, packet loss,

— for publicly available interpersonal communications services, where they exert control over at least some elements of the network or have a service level agreement to that effect with undertakings providing access to the network: at least the time for the initial connection, failure probability, call signalling delays in accordance with Schedule 9; and

• (ii) without prejudice to the right of end-users to use terminal equipment of their choice in accordance with Article 3(1) of Regulation (EU) 2015/2120, any conditions, including fees, imposed by the provider on the use of terminal equipment supplied;

• (2) as part of the information on price, where and to the extent applicable, the respective prices for activating the electronic communications service and for any recurring or consumption-related charges:

• (i) details of specific tariff plan or plans under the contract and, for each such tariff plan the types of services offered, including where applicable, the volumes of communications (such as MB, minutes, messages) included per billing period, and the price for additional communication units;

• (ii) in the case of tariff plan or plans with a pre-set volume of communications, the possibility for consumers to defer any unused volume from the preceding billing period to the following billing period, where this option is included in the contract;

• (iii) facilities to safeguard bill transparency and monitor the level of consumption;

• (iv) tariff information regarding any numbers or services subject to particular pricing conditions; with respect to individual categories of services, the Regulator may require in addition such information to be provided immediately prior to connecting the call or to connecting to the provider of the service;

• (v) for bundled services and bundles including both services and terminal equipment the price of the individual elements of the bundle to the extent they are also marketed separately;

• (vi) details and conditions, including fees, of any after-sales service, maintenance, and customer assistance; and

• (vii) the means by which up-to-date information on all applicable tariffs and maintenance charges may be obtained;

• (3) as part of the information on the duration of the contract for bundled services and the conditions for renewal and termination of the contract, where applicable, the conditions of termination of the bundle or of elements thereof;

• (4) without prejudice to Article 13 of the Regulation (EU) 2016/6794, information on what personal data shall be provided before the performance of the service or collected in the context of the provision of the service;

• (5) details on products and services designed for end-users with disabilities and how updates on this information can be obtained;

• (6) the means of initiating procedures for the resolution of disputes including national and cross-border disputes in accordance with Article 25.

II. In addition to the requirements set out in Part A and under Point I, providers of publicly available number-based interpersonal communications services shall also provide the following information:

• (1) any constraints on access to emergency services or caller location information due to a lack of technical feasibility insofar as the service allows end-users to originate calls to a number in a national or international numbering plan;

• (2) the end-user’s right to determine whether to include his or her personal data in a directory, and the types of data concerned, in accordance with Regulation 12 of the Privacy and Electronic Communications Regulations;

III. In addition to the requirements set out in Part A and under Point I, providers of internet access services shall also provide the information required pursuant to Article 4(1) of Regulation (EU) 2015/2120.

SCHEDULE 8 INFORMATION TO BE PUBLISHED IN ACCORDANCE WITH REGULATION 88 (TRANSPARENCY AND PUBLICATION OF INFORMATION)

Regulation 88

The Regulator is responsible for ensuring that the information in this Schedule is published, in accordance with Regulation 88. The Regulator shall decide which information is relevant to be published by the providers of internet access services or publicly available interpersonal communications services, and which information is to be published by the Regulator itself, in order to ensure that all end-users are able to make informed choices. If considered to be appropriate, the Regulator may promote self- or co-regulatory measures prior to imposing any obligation.

2.1. Scope of the services offered and the main characteristics of each service provided, including any minimum levels of quality of service where offered and any restrictions imposed by the provider on the use of terminal equipment supplied.

2.2. Tariffs of the services offered, including information on communications volumes (such as restrictions of data usage, numbers of voice minutes, numbers of messages) of specific tariff plans and the applicable tariffs for additional communication units, numbers or services subject to particular pricing conditions, charges for access and maintenance, all types of usage charges, special and targeted tariff schemes and any additional charges, as well as costs with respect to terminal equipment.

2.3. After-sales, maintenance and customer assistance services offered and their contact details.

2.4. Standard contract conditions, including contract duration, charges due on early termination of the contract, rights related to the termination of bundled offers or of elements thereof, and procedures and direct charges related to the portability of numbers and other identifiers, if relevant.

2.5. If the undertaking is a provider of number-based interpersonal communications services, information on access to emergency services and caller location, or any limitation on the latter. If the undertaking is a provider of number-independent interpersonal communications services, information on the degree to which access to emergency services may be supported or not.

2.6. Details of products and services, including any functions, practices, policies and procedures and alterations in the operation of the service, specifically designed for end-users with disabilities, in accordance with European Union law harmonising accessibility requirements for products and services.

GIVEN under my Official Seal,

6 September, 2022.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations give effect to Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code. They establish a harmonised framework for the regulation of electronic communications networks, electronic communications services, associated facilities and associated services, and certain aspects of terminal equipment. They lay down tasks of the national regulatory authority and, where applicable, of other competent authorities, and establish a set of procedures to ensure the harmonised application of the regulatory framework throughout the Union.

The Regulations aim to implement an internal market in electronic communications networks and services that results in the deployment and take-up of very-high-capacity networks, sustainable competition, interoperability of electronic communications services, accessibility, security of networks and services and end-user benefits, and to ensure the provision throughout the Union of good quality, affordable, publicly available services through effective competition and choice, to deal with circumstances in which the needs of end-users, including those with disabilities in order to access the services on an equal basis with others are not satisfactorily met by the market and to lay down the necessary end-user rights.

The Commission for Communications Regulation will be the national regulatory authority for the purposes of overseeing and enforcing these Regulations.

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