S.I. No. 328/1994 - European Communities (Application of Open Network Provision To Leased Lines) Regulations, 1994.

1. a clear description of service categories for which the licensing procedures have to be followed and for which the licensing conditions have to be met by the user of the leased lines or by his customers;

2. information on the character of the licensing conditions, in particular whether such licence is of a general nature which does not require individual registration and/or authorisation, or whether the licensing conditions require registration and/or authorisation on an individual basis;

3. a clear indication of the validity in time of the licence, including a review date, where applicable;

4. the conditions resulting from the application of the essential requirements in conformity with Regulation 6;

5. other obligations which may be imposed on the users of leased lines in accordance with Directive 90/388/EEC as regards packet-switched or circuit-switched data services, requiring adherence to conditions of permanence, availability, or quality of service;

6. a clear reference to conditions aiming at the enforcement of the prohibition to provide services for which exclusive and/or special rights have been maintained in conformity with Community law;

7. a list referring to all documents containing licensing conditions imposed on the users of leased lines when using lines for the provision of services to others.

Conditions for the attachment of terminal equipment

The information on the attachment conditions shall include a complete overview of the requirements which terminal equipment to be attached to the relevant leased line has to fulfil in accordance with Directive 91/263/EEC.

ANNEX II

Presentation of the information to be published in accordance with Regulation 3 (2).

A. Technical characteristics

The technical characteristics include the physical and electrical characteristics as well as the detailed technical and performance specifications which apply at the network termination point. Clear reference shall be made to the standards implemented.

B. Tariffs

The tariffs include the initial connection charges, the periodic rental charges, and other charges. Where tariffs are differentiated, e.g. for reasons of different levels of quality of service, or the number of leased lines provided to a user (bulk provision), this must be indicated.

C. Supply conditions

The supply conditions include at least the elements defined in Regulation 4 of these Regulations.

ANNEX III

Definition of a minimum set of leased lines with harmonized technical characteristics, in accordance with Regulation 7.1

Leased line type

Technical characteristics

(1)

Interface presentation specification

Connection characteristics and performance specifications

Ordinary quality voice bandwidth

2 or 4 wire analogue

ITU-T M.1040

Special quality voice bandwidth

2 or 4 wire analogue

ITU-T M.1020/M.1025

64 kbit/s digital

(2)

ETS 300 288

(3)

ETS 300 289

(4)

2048 kbit/s digital unstructured

(5)

ETS 300 246

(6)

ETS 300 247

(7)

2048 kbit/s digital structured

ITU-T G.703 and G.704 (excluding section 5)

(8)

Relevant ITU-T G.800 series recommendations In-service monitoring

(9)

(1)

The ITU-T recommendations referenced refer to the 1988 version. ETSI has been requested to carry out further work on standards for leased lines.

(2)

The attachment requirements for terminal equipment to be connected to these leased lines are described in Common Technical Regulation 14 (CTR 14).

(3)

Until 31 December 1996 leased lines may be provided in accordance with ITU-T G.703 instead of ETS 300 288. For an interim period extending beyond 31 December 1996, leased lines may be provided using other interfaces, based on X 21 or X 21 bis, instead of ETS 300 288.

(4)

Until 31 December 1996 leased lines may be provided in accordance with relevant ITU-T G.800 series recommendations of ETS 300 289.

(5)

The attachment requirements for terminal equipment to be connected to these leased lines are described in CTR 12.

(6)

Until 31 December 1996 leased lines may be provided in accordance with ITU-T G.703 instead of ETS 300 246.

(7)

Until 31 December 1996 leased lines may be provided in accordance with relevant ITU-T G.800 series recommendations instead of ETS 300 247.

(8)

With cyclic redundancy checking in accordance with ITU-T G.706.

(9)

In-service monitoring can facilitate improved maintenance by the telecommunications organization.

For the types of leased lines listed above, the specifications referred to also define the network termination points (NTPs), in accordance with the definition given in Article 2 of Directive 90/387/EEC.

8. (1) The National Regulatory Authority shall establish procedures whereby, in the shortest practicable time period, it decides on a case by case basis in disputes between the Company and users in matters relating to any refusal to provide leased lines, or the interruption of the provision of leased lines or any reduction of the availability of leased lines features for reasons of alleged failure to comply with the usage conditions.

(2) The procedures established by the National Regulatory Authority for the purposes of paragraph (1) of this Regulation shall at a minimum provide for;—

(

a

) a transparent decision making process in which due respect is given to the rights of the parties concerned,

(

b

) all parties to the dispute having the opportunity to state their case, and

(

c

) the notification of any decision to the parties concerned within one week of its making.

(3) Nothing in this Regulation shall prohibit the National Regulatory Authority from establishing or approving, a priori, specific measures in the case of defined infringements of usage conditions.

(4) A user who has been or may be injured by an infringement of any part of these Regulations shall have the right to make written submissions on the matter to the National Regulatory Authority. In the event of agreement not being reached the aggrieved party may notify the matter in writing to the National Regulatory Authority and the Commission of the European Communities. The party invoking this procedure shall bear its own costs.

(5) Nothing in this Regulation shall prejudice the right of the parties concerned to apply to the Courts under Irish law.

(6) When the Company uses leased lines for the provision of services not covered by special or exclusive rights or not covered by both special and exclusive rights, the same types of leased lines shall be provided to other users on request and under equal conditions.

(7) The Company shall adhere to the principle of non-discrimination when it uses the public telecommunications network for providing services which are or may be provided by other service providers.

(8) The National Regulatory Authority shall monitor the Company's compliance with paragraph (7) of this Regulation.

(9) Where, in response to a particular request, the Company considers it unreasonable to provide leased lines under its published tariffs and supply conditions, it must seek the agreement of the National Regulatory Authority to vary those conditions in that case.

(10) A decision referred to in paragraph (2) of this Regulation shall not be enforced before its notification.

9. (1) Subject to paragraph (2) of this Regulation, the Company shall set tariffs for leased lines which follow basic principles of cost orientation and transparency and which are independent of the type of application to which the users of the leased lines apply them.

(2) Tariffs for leased lines shall normally contain the following elements;—

(

a

) an initial connection charge,

and

(

b

) a periodic rental charge, i.e., a flat-rate element.

(3) When tariff elements other than those provided for in paragraph (2) of this Regulation are applied these must be transparent and based on objective criteria.

(4) (

a

) Tariffs for leased lines shall apply to the facilities provided between network termination points at which the user has access to the leased lines.

(

b

) Where a leased line is provided by more than one telecommunications organisation, half-circuit tariffs, i.e. from one network termination point to a hypothetical mid-circuit point, can be applied.

(5) The Company shall operate and maintain a cost accounting system suitable for the implementation of paragraphs (1), (2), (3) and (4) of this Regulation and which conforms to Article 10.2 of the Directive.

(6) Any changes to the Company's cost accounting system may be implemented only following approval by the National Regulatory Authority after notification by it to the Commission.

(7) The Company shall provide to the National Regulatory Authority such information as it requests for the purposes of complying with Article 10.3 of the Directive.

(8) The National Regulatory Authority shall provide to the Commission the information required by Article 10.3 of the Directive on request.

10. (1) The Company shall furnish to the National Regulatory Authority not later than 31 March of each year statistical reports for the proceding calendar year showing delivery times and repair times as specified in Regulation 4 of these Regulations.

(2) The National Regulatory Authority shall provide to the Commission the reports required under Article 11.2 of the Directive.

(3) In accordance with Article 11 of the Directive, the National Regulatory Authority shall keep available and submit to the Commission on request data on cases where access to or use of leased lines has been restricted.

GIVEN under my Official Seal, this 2nd day of November, 1994.

BRIAN COWEN,

Minister for Transport, Energy

and Communications.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Council Directive 92/44/EEC.

ANNEX I

Presentation of the information to be published in accordance with Regulation 3 (1).

Licensing requirements

The information on licensing requirements, licensing procedures and/or licensing conditions shall provide a complete overview of all factors which have an impact on the usage conditions set out for leased lines. It shall include the following information, where applicable

I, BRIAN COWEN, Minister for Transport, Energy and Communications, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive 92/44/EEC of 5 June 1992

(1)

as amended by Commission Decision 94/439/EC

(2)

do hereby make the following Regulations