IE
S.I. No. 335/2011 - European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011.
Table of Provisions (28)
Statutory Text (28 Articles)
1. Designation of service for which the number shall be used, including any requirements linked to the provision of that service and, for the avoidance of doubt, tariff principles and maximum prices that can apply in the specific number range for the purpose of ensuring consumer protection in accordance with section 12(2)(
c
)(ii) of the Act of 2002.
2. Effective and efficient use of numbers in conformity with the Framework Regulations.
3. Number portability requirements in conformity with the Universal Service Regulations.
4. Obligation to provide public directory subscriber information for the purposes of Regulations 4 and 19 of the Universal Service Regulations.
5. Maximum duration in conformity with Regulation 13 subject to any changes in the national numbering scheme.
6. Transfer of rights at the initiative of the rights holder and conditions for such transfer in conformity with the Framework Regulations.
7. Usage fees in accordance with Regulation 19.
8. Any commitment which the undertaking obtaining the usage right has made in the course of a competitive or comparative selection procedure.
9. Obligations under relevant international agreements relating to the use of numbers.
GIVEN under my Official Seal,
1 July 2011.
PAT RABBITTE,
Minister for Communications, Energy and Natural Resources.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to give effect to Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services (Authorisation Directive), and the amendments to that Directive as introduced by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009.
As well as transposing the amendments made by Directive 2009/140/EC, these Regulations consolidate the provisions of the existing Statutory Instruments transposing the Authorisation Directive, namely, the “European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 (
S.I. No. 306 of 2003
)” and the “European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (
S.I. No. 372 of 2007
)”, which have been revoked by these Regulations.
The aim of these Regulations is to facilitate the freedom to provide electronic communications networks and services through the harmonisation and simplification of authorisation rules and conditions.
1 OJ L 108, 24.4.2002, p. 21
2 OJ L 337, 18.12.2009, p. 37
3 OJ L 178, 17.07.2000, p. 1
4 OJ L 298, 17.10.1989, p. 23
5 OJ L 281, 23.11.1995, p. 31
6 OJ L 390, 31.12.2004, p. 24
7 OJ L 91, 07.04.1999, p. 10
10. Information to be provided under a notification in accordance with Regulation 4 and for other purposes as included in Regulation 18.
11. Enabling of legal interception by competent national authorities in conformity with the Privacy and Electronic Communications Regulations and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995
5
.
5 OJ L 281, 23.11.1995, p. 31
12. Terms of use for communications from public authorities to the general public for warning the public of imminent threats and for mitigating the consequences of major catastrophes.
13. Terms of use during major disasters or national emergencies to ensure communications between emergency services and authorities.
14. Measures regarding the limitation of exposure of the general public to electromagnetic fields caused by electronic communications networks in accordance with European Union law.
15. Access obligations other than specific obligations applying to undertakings providing electronic communications networks or services, in conformity with the Access Regulations.
16. Maintenance of the integrity of public communications networks in accordance with the Access Regulations and the Universal Service Regulations including conditions to prevent electromagnetic interference between electronic communications networks or services in accordance with Directive 2004/108/EC of the European Parliament and of the Council of 15 December 2004
6
.
6 OJ L 390, 31.12.2004, p. 24
17. Security of public networks against unauthorised access according to the Privacy and Electronic Communications Regulations.
18. Conditions for the use of radio frequencies, in conformity with Article 7(2) of Directive 1999/5/EC of the European Parliament and of the Council of 9 March 1999
7
, where Regulation 9(2) applies.
7 OJ L 91, 07.04.1999, p. 10
19. Measures designed to ensure compliance with standards and specifications referred to in Regulation 28 of the Framework Regulations.
20. Transparency obligations on public communications network providers providing electronic communications services available to the public to ensure end-to-end connectivity, in conformity with the objectives and principles set out in Article 8 of the Framework Directive, disclosure regarding any conditions limiting access to or use of services and applications where such conditions are allowed by Member States in conformity with European Union law, and, where necessary and proportionate, access by the Regulator to such information needed to verify the accuracy of such disclosure.
Part B. Conditions which may be attached to rights of use
21. The Regulator may, for the purpose of further specifying requirements to be complied with relating to a condition attached to a general authorisation under Regulation 8, a condition attached to a right of use for radio frequencies under Regulation 10 or a condition attached to a right of use for numbers under Regulation 14, issue directions to an undertaking to do or refrain from doing anything which the Regulator specifies in the direction.
Service of determinations, directions and notifications
22. (1) Where the Regulator issues a determination, direction or notification under these Regulations, such determination, direction or notification shall be in writing, state the reasons on which it is based and be addressed to the undertaking concerned and, as soon as practicable, be sent or given in any of the following ways—
(
a
) by delivering it to the undertaking,
(
b
) by leaving it at the address at which the undertaking ordinarily carries on business,
(
c
) by sending it by pre-paid registered post addressed to the undertaking at the address at which the undertaking ordinarily carries on business,
(
d
) if an address for the service of determinations, directions or notifications has been furnished by the undertaking to the Regulator, by leaving it at, or sending it by pre-paid registered post to, that address, or
(
e
) in any case where the Regulator considers that the immediate giving of the determination, direction or notification is required, by sending it, by means of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail located at the address at which the undertaking ordinarily carries on business or, if an address for the service of notices has been furnished by the undertaking, that address, but only if—
(i) the senders facsimile machine generates a message confirming successful delivery of the total number of pages of the determination, direction or notification, or
(ii) the recipient’s facility for the reception of electronic mail generates a message confirming receipt of the electronic mail,
and it is also given in one of the other ways mentioned in subparagraphs (
a
) to (
d
).
(2) In paragraph (1), a company within the meaning of the Companies Acts is deemed to be ordinarily resident at its registered office and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.
Prosecution of offences
23. (1) If—
(
a
) the Regulator has made an application under Regulation 16 to the High Court to compel an undertaking to comply with an obligation under Regulation 4 or a condition attached to a general authorisation under Regulation 8 or a condition attached to a right of use for numbers under Regulation 14, and
(
b
) a provision of these Regulations makes it an offence to fail to comply with the obligation or condition,
the Regulator may not bring proceedings against the undertaking for such an offence or give a notice under section 44 of the Act of 2002 for failing to comply with the condition.
(2) An offence under these Regulations is an offence to which section 44 of the Act of 2002 applies.
Offences by bodies corporate
24. (1) If—
(
a
) an offence under these Regulations is committed by a body corporate, and
(
b
) the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person who is a director, manager, secretary or other similar officer of the body, or is a person who was purporting to act in any such capacity,
that person as well as the body corporate commits an offence and is liable to be proceeded against and punished as if that person had committed the first mentioned offence.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and omissions of a member of that body in connection with the member’s functions of management as if the member were a director or manager of it.
(3) A person may be proceeded against for an offence under paragraph (1) whether or not the body corporate has been proceeded against or been convicted of the offence committed by the body.
Penalties
25. (1) An undertaking that commits an offence under these Regulations (other than under Regulation 4(6), 8(7) or 14(4)) is liable on summary conviction to a class A fine.
(2) An undertaking that commits an offence under Regulation 4(6), 8(7) or 14(4) is liable, on summary conviction, to a class A fine or, on conviction on indictment—
(
a
) in the case of a body corporate, to a fine not exceeding €500,000, or
(
b
) in the case of a natural person, to a fine not exceeding €50,000.
Publication of specification of conditions
26. (1) The Regulator shall cause to be published in the
Iris Oifigiúil
and on its website, notice of the specification of conditions under Regulation 8, 10 or 14 and of a determination under Regulation 4(3) or 4(7). 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 15 or any such determination, paragraph (1) applies accordingly.
Transitional arrangements
27. (1) Without prejudice to Regulation 18 of the Framework Regulations, the Regulator shall bring all general authorisations, licences and rights of use for numbers in existence on 31 December 2009 into conformity with Regulations 8, 9, 10, 11, 13, 14 and the Schedule to these Regulations not later than 19 December 2011.
(2) Where the Regulator considers that the application of paragraph (1) would result in a reduction of the rights or an extension of the general authorisation, licence or rights of use for numbers already in existence, the Regulator may, upon request by such undertaking, extend the validity of those authorisations, licences and rights of use until, at the latest, 30 September 2012 provided that the rights of other undertakings under European Union law are not affected by such extension.
(3) Where the Regulator extends the validity of a general authorisation, a licence or a right of use under paragraph (2), it shall notify such extension to the European Commission and the Minister and state the reasons for such extension.
(4) Where the Regulator grants a licence under section 5 of the Act of 1926 to an undertaking, the holder of the licence is only required to comply with such conditions referred to in Part B of the Schedule as are specified by the Regulator to be applicable to such licence.
(5) Paragraph (4) is without prejudice to the continuation in force of any condition, compatible with European Union law, attached to a licence referred to in that paragraph for the purpose of pursuing general interest objectives relating to content regulation or audio visual policy.
(6) The Regulator shall notify a holder of a licence to which this Regulation applies of the conditions applicable to such licence as soon as practicable after the commencement of these Regulations.
(7) A measure that was in force under the Regulations of 2003 immediately before the commencement of these Regulations shall continue in force as if it was made under these Regulations.
(8) For the purpose of paragraph (7), “measure” means a decision, designation, determination, direction, notice, notification (other than a notification under Regulation 16(2) of the Regulations of 2003), requirement, specification or other act of an equivalent effect made by the Regulator.
(9) A person deemed to be authorised in accordance with Regulation 4 or 22 of the Regulations of 2003 immediately before the commencement of these Regulations shall continue to be authorised in accordance with Regulation 4 of these Regulations.
(10) Notwithstanding the revocation of the Regulations of 2003, notifications by the Regulator on a person under Regulation 16(2) of those Regulations—
(
a
) continue in force, and
(
b
) may continue to be issued, revoked or amended,
as if the Regulations of 2003 had not been revoked.
Revocations
28. (1) Subparagraph (
c
) of section 30(1) (inserted by Regulation 19 of the Regulations of 2003) of the Act of 2002 is repealed.
(2) The following Regulations are revoked
(
a
) the Regulations of 2003; and
(
b
) the European Communities (Electronic Communications Networks and Services)(Authorisation)(Amendment) Regulations 2007 (
S.I. No. 372 of 2007
).
SCHEDULE
Regulations 8, 10, 14, 18 and 27
Part A. Conditions which may be attached to a general authorisation