(LRC Revised)

Number 20 of 2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 20 January 2026

Changes to legislation

as of 10 July 2026, there are changes to this Act which have not been implemented by the Revised Acts editorial team, see highlighted entries

here

. Note that some amendments may not be in force until commenced by a commencement order or other provision.

This Revised Act is an administrative consolidation of

Communications Regulation Act 2002

. It is prepared by the Law Reform Commission in accordance with its function under

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Credit Review Act 2026

(1/2026), enacted 3 February 2026, and all

statutory instruments up to and including the

European Union (Radio Equipment) Regulations 2026

(S.I. No. 14 of 2026), made 20 January 2026, were considered in the preparation of

this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

20

of

2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 20 January 2026

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Laying of orders and

regulations before Houses of Oireachtas.

4.

Establishment

day.

5.

Expenses.

PART 2

Commission for Communications Regulation

6.

Establishment of

Commission.

7.

Seal of

Commission.

8.

Dissolution of Office of

Director of Telecommunications Regulation.

9.

Transfer of

functions.

(Repealed)

10.

Functions of

Commission.

11.

Independence of

Commission.

11A.

Objectivity and transparency of Commission in regulating under Electronic Communications

Code Regulations.

12.

Objectives of

Commission.

12A.

Power of Minister to request advice from Commission.

13.

Directions by

Minister.

13A.

Purpose of sections 13B

and 13C.

13B.

Power of Minister to

obtain information from Commission.

13C.

Power of Minister to

obtain information from undertaking.

13D.

Power of Commission to

obtain information from undertaking.

13E.

Alternative procedure

for enforcement of section 13C or 13D.

13EA.

Power of Commission to share information with Minister.

13F.

Power of Commission to

obtain information from postal service provider.

13G.

Alternative procedure

for enforcement of section 13F.

14.

Composition and

procedure of Commission.

15.

Appointment and term of

office of Commissioners.

16.

Appointment of

Chairperson of Commission.

17.

Deputy

commissioner.

18.

Resignation and removal

of Commissioners.

19.

Restrictions relating to

Commissioners.

20.

Staff of

Commission.

21.

Performance of certain

functions by staff.

22.

Consultants.

23.

Membership of Houses of

Oireachtas or European Parliament by staff.

24.

Prohibition on

unauthorised disclosure of information.

24A.

Protection of

whistleblowers.

24B.

Tortious liability of

undertaking or associate for victimising whistleblower.

24C.

Offence to make false

disclosure.

25.

Disclosure of

interests.

26.

Superannuation of

Commissioners.

27.

Superannuation of

staff.

28.

Advances by Minister to

Commission.

29.

Borrowings.

30.

Levies and

fees.

31.

Strategy

statements.

31A.

Financial year of

Commission.

31B.

Commission to prepare

annual action plan.

31C.

Commission to prepare

annual financial forecast.

31D.

Report on state of

electronic communication markets.

32.

Accounts and annual

report.

33.

Code of financial

management.

34.

Accountability of

Commission to Committees of Oireachtas.

35.

Radio frequency

plan.

36.

Public service

requirements.

37.

Regulations relating to

wireless telegraphy.

38.

Repeals.

Special Powers to Require Persons to Give Evidence or Produce Documents

38A.

Commission may require

persons to give evidence or produce documents.

38B.

Conduct of proceeding

under this Part.

38C.

Proceeding under this

Part to be normally in private.

38D.

Offence to fail to

appear before Commission

38E.

Offence to refuse to be

sworn or to answer question.

38F.

Protection of persons

appearing before Commission under section 38A.

38G.

Payment of allowances

and expenses to persons who appear before Commission.

38H.

Trial of offences under

this Part.

PART 3

Enforcement

39.

Authorised

officers.

39A.

Requests for

information relating to investigations.

40.

Search

warrants.

40A.

Search warrants in

relation to certain competition law matters.

40B.

Search warrants

relevant to assisting the European Commission with an inspection.

41.

Indemnification.

42.

Offences of bodies

corporate.

43.

Prosecution of summary

offences by Commission.

44.

Notice by Commission of

intention to prosecute, etc.

45.

Undertaking not to

overcharge or charge for services not supplied.

46.

Commission may apply to

High Court for order to restrain repeated or apprehended contravention of

section 45.

46A.

Special powers enabling

Minister to make regulations to give effect to European Communities

instruments relating to communications matters.

46B.

Admissibility of expert

evidence in proceedings under this Act and related enactments.

46C.

Power of court to order

copies of certain documents to be given to juries in certain criminal

proceedings.

46D.

Presumptions to apply

in civil and criminal proceedings under this Act and related

enactments.

46E.

Admissibility of

statements contained in certain documents.

PART 4

Transition Provisions

47.

Transfer of property and

liabilities of Director to Commission.

48.

Preservation of certain

continuing contracts.

49.

Adaptation of certain

documents.

50.

Continuation of certain

matters by Commission.

51.

Pending legal

proceedings.

PART 5

Electronic Communications Infrastructure Road Works and Sharing

52.

Interpretation (

Part

5

).

53.

Opening of public road

for establishment of underground electronic communications

infrastructure.

54.

Use of public road for

establishment of electronic communications infrastructure

overground.

55.

Cost apportionment for

electronic communications infrastructure relocation due to road

improvements.

56.

Regulations and policy

directions to authorities.

57.

Physical infrastructure

sharing by infrastructure providers.

57A.

Power of High Court to

make compliance orders in respect of conditions imposed under section

57.

58.

Lopping of

trees.

PART 6

Emergency Call Answering Service (ECAS)

58A.

Interpretation: Part

6.

58B.

Power of Minister to

enter into contract for the operation of emergency call answering service

(ECAS).

58C.

Payment of ECAS call

handling fees.

58D.

Commission to conduct

review of maximum call handling fee.

58E.

ECAS operator to pay

reasonable costs of Commission in monitoring service.

58F.

ECAS operator not

liable for certain actions done in good faith.

58G.

Commission to report to

Minister on operation of service

58H.

Interim measure pending

the Minister entering into contract under section 58B.

PART 7

Miscellaneous Provisions

59.

Repeals and

revocation.

60.

Service of

notices.

61.

Privileged legal material.

62.

Freedom of Information Act not to apply to certain confidential information.

63.

Publication of certain notices.

SCHEDULE 1

Related Enactments for the Purposes of this Act

Part 1

Acts

Part 2

Statutory Instruments

SCHEDULE 2

Enactments Repealed

Acts

Referred to

Arbitration Acts, 1954 to 1998

Broadcasting Act, 1990

1990, No. 24

Broadcasting Act, 2001

2001, No. 4

Broadcasting and Wireless Telegraphy Act, 1988

1988, No. 19

Broadcasting Authority Act, 1960

1960, No. 10

Civil Service Regulation Act, 1956

1956, No. 46

Companies Acts, 1963 to 2001

Comptroller and Auditor General (Amendment) Act, 1993

1993, No. 8

Courts Act, 1981

1981, No. 11

Dublin Transport Authority (Dissolution) Act, 1987

1987, No. 34

European Communities Act, 1972

1972, No. 27

European Parliament Elections Act, 1997

1997, No. 2

Freedom of Information Act, 1997

1997, No. 13

Irish Aviation Authority Act, 1993

1993, No. 29

Minimum Notice and Terms of Employment Acts, 1973 and 1994

Organisation of Working Time Act, 1997

1997, No. 20

Planning and Development Act, 2000

2000, No. 30

Postal and Telecommunications Services Act, 1983

1983, No. 24

Public Offices Fees Act, 1879

42 & 43 Vic., c. 58

Radio and Television Act, 1988

1988, No. 20

Redundancy Payments Acts, 1967 to 1991

Roads Act, 1993

1993, No. 14

Roads Acts, 1993 to 2001

Road Traffic Act, 1961

1961, No. 24

Road Traffic Acts, 1961 to 2002

Superannuation Act, 1909

9 Edw. 7., c. 10

Telecommunications (Miscellaneous Provisions) Act, 1996

1996, No. 34

Telegraph Act, 1863

26 & 27 Vic., c. 112

Telegraph Act, 1869

32 & 33 Vic., c. 73

Telegraph Act, 1878

41 & 42 Vic., c. 76

Telegraph Act, 1892

55 & 56 Vic., c. 59

Telegraph Act, 1899

62 & 63 Vic., c. 38

Telegraph (Amendment) Act, 1868

31 & 32 Vic., c. 110

Telegraph (Arbitration) Act, 1909

9 Edw. 7., c. 20

Telegraph (Construction) Act, 1908

8 Edw. 7., c. 33

Telegraph (Construction) Act, 1911

1 & 2 Geo. 5., c. 39

Telegraph (Construction) Act, 1916

6 & 7 Geo. 5., c. 40

Unfair Dismissals Acts, 1977 to 1993

Wireless Telegraphy Act, 1926

1926, No. 45

Wireless Telegraphy Act, 1972

1972, No. 5

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5

Number

20

of

2002

COMMUNICATIONS REGULATION ACT 2002

REVISED

Updated to 20 January 2026

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR

COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS

REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION

TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE

OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR

THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS

AND TO PROVIDE FOR CONNECTED MATTERS. [27

th April

, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Communications Regulation Acts 2002 to 2010

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the

Second Schedule

that provides for the consent for a plan or project to which this Regulation applies

to be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the

Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Communications Regulation Acts 2002 to 2010

...

...

...

C2

Functions conferred under Act extended (1.07.2011) by

European Communities (Electronic Communications Networks and Services) (Privacy and

Electronic Communications) Regulations 2011

(S.I. No. 336 of 2011), reg. 30(2).

Enforcement of Regulations by the Regulator

30. ...

(2) The functions of the

Regulator under this Regulation shall be deemed to be included in the functions

conferred on the Regulator under the

Act of 2002

.

C3

Functions transferred and “Department of Public Enterprise” and “Minister for Public Enterprise” construed (18.06.2002) by

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental

Administration and Ministerial Functions) Order 2002

(S.I. No. 300 of 2002), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject

to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 4 of this Order are transferred

to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument

made thereunder and relating to any administration and business transferred by paragraph

(1) of this Article shall, on and after the commencement of this Order, be construed

as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned

in Part 1 of the Schedule to this Order,

...

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument

made thereunder and relating to any functions transferred by this Article shall, on

and after the commencement of this Order, be construed as references to the Minister

for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from

the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Communications Regulation Act 2002 (

No. 20 of 2002

)

...

Editorial Notes

E1

Appeal procedure in relation to certain determinations and decisions under Act provided

(2.08.2011) by

Communications Regulation (Postal Services) Act 2011

(21/2011), s. 52, commenced on enactment.

E2

Previous affecting provision: functions of Regulator under Act extended (6.11.2003)

by

European Communities (Electronic Communications Networks and Services) (Data Protection

and Privacy) Regulations 2003

(S.I. No. 535 of 2003), reg. 19(2), in effect as per reg. 1(2); revoked (1.07.2011)

by

European Communities (Electronic Communications Networks and Services) (Privacy and

Electronic Communications) Regulations 2011

(S.I. No. 336 of 2011), reg. 35(a), subject to transitional provision in reg. 34.

Annotations

Modifications (not altering text)

C1

Application of collectively cited

Communications Regulation Acts 2002 to 2010

restricted (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 63(2) and sch. 2, in effect as per reg. 1(3).

Screening for Appropriate Assessment and Appropriate Assessment of implications for

European Sites

42. ...

(22) Notwithstanding any provision of any statute listed in the

Second Schedule

that provides for the consent for a plan or project to which this Regulation applies

to be obtained by default on the failure of the public authority to provide a response

within a specified timescale or otherwise, that provision shall not have effect in

respect of any plan or project to which this Regulation applies.

...

General provisions regarding licences etc

63. ...

(2) A licence, consent, permission, permit, derogation or other authorisation given

under these Regulations or under any of the enactments referred to in the

Second Schedule

may include conditions requiring compliance with any guideline or code of practice

issued under Regulation 71 or such provisions thereof as may be specified in the conditions.

...

SECOND SCHEDULE

Number

Year

Short Title/Citation

...

...

...

Communications Regulation Acts 2002 to 2010

...

...

...

C2

Functions conferred under Act extended (1.07.2011) by

European Communities (Electronic Communications Networks and Services) (Privacy and

Electronic Communications) Regulations 2011

(S.I. No. 336 of 2011), reg. 30(2).

Enforcement of Regulations by the Regulator

30. ...

(2) The functions of the

Regulator under this Regulation shall be deemed to be included in the functions

conferred on the Regulator under the

Act of 2002

.

C3

Functions transferred and “Department of Public Enterprise” and “Minister for Public Enterprise” construed (18.06.2002) by

Communications, Energy and Geological Survey of Ireland (Transfer of Departmental

Administration and Ministerial Functions) Order 2002

(S.I. No. 300 of 2002), arts. 3, 4 and sch. part 1, in effect as per art. 1(2), subject

to transitional provisions in arts. 5-9.

3. (1) The administration and business in connection with the exercise, performance

or execution of any functions transferred by Article 4 of this Order are transferred

to the Department of the Marine and Natural Resources.

(2) References to the Department of Public Enterprise contained in any Act or instrument

made thereunder and relating to any administration and business transferred by paragraph

(1) of this Article shall, on and after the commencement of this Order, be construed

as references to the Department of the Marine and Natural Resources.

4. (1) The functions vested in the Minister for Public Enterprise -

(a) by or under any of the enactments or the provisions of the enactments mentioned

in Part 1 of the Schedule to this Order,

...

are transferred to the Minister for the Marine and Natural Resources.

(2) References to the Minister for Public Enterprise contained in any Act or instrument

made thereunder and relating to any functions transferred by this Article shall, on

and after the commencement of this Order, be construed as references to the Minister

for the Marine and Natural Resources.

...

SCHEDULE

PART 1.

Enactments and provisions of enactments, functions under which are transferred from

the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.

...

Communications Regulation Act 2002 (

No. 20 of 2002

)

...

Editorial Notes

E1

Appeal procedure in relation to certain determinations and decisions under Act provided

(2.08.2011) by

Communications Regulation (Postal Services) Act 2011

(21/2011), s. 52, commenced on enactment.

E2

Previous affecting provision: functions of Regulator under Act extended (6.11.2003)

by

European Communities (Electronic Communications Networks and Services) (Data Protection

and Privacy) Regulations 2003

(S.I. No. 535 of 2003), reg. 19(2), in effect as per reg. 1(2); revoked (1.07.2011)

by

European Communities (Electronic Communications Networks and Services) (Privacy and

Electronic Communications) Regulations 2011

(S.I. No. 336 of 2011), reg. 35(a), subject to transitional provision in reg. 34.

PART 1

Preliminary and General

Section

1.

Short title.

2.

Interpretation.

3.

Laying of orders and

regulations before Houses of Oireachtas.

4.

Establishment

day.

5.

Expenses.

PART 2

Commission for Communications Regulation

6.

Establishment of

Commission.

7.

Seal of

Commission.

8.

Dissolution of Office of

Director of Telecommunications Regulation.

9.

Transfer of

functions.

(Repealed)

10.

Functions of

Commission.

11.

Independence of

Commission.

11A.

Objectivity and transparency of Commission in regulating under Electronic Communications

Code Regulations.

12.

Objectives of

Commission.

12A.

Power of Minister to request advice from Commission.

13.

Directions by

Minister.

13A.

Purpose of sections 13B

and 13C.

13B.

Power of Minister to

obtain information from Commission.

13C.

Power of Minister to

obtain information from undertaking.

13D.

Power of Commission to

obtain information from undertaking.

13E.

Alternative procedure

for enforcement of section 13C or 13D.

13EA.

Power of Commission to share information with Minister.

13F.

Power of Commission to

obtain information from postal service provider.

13G.

Alternative procedure

for enforcement of section 13F.

14.

Composition and

procedure of Commission.

15.

Appointment and term of

office of Commissioners.

16.

Appointment of

Chairperson of Commission.

17.

Deputy

commissioner.

18.

Resignation and removal

of Commissioners.

19.

Restrictions relating to

Commissioners.

20.

Staff of

Commission.

21.

Performance of certain

functions by staff.

22.

Consultants.

23.

Membership of Houses of

Oireachtas or European Parliament by staff.

24.

Prohibition on

unauthorised disclosure of information.

24A.

Protection of

whistleblowers.

24B.

Tortious liability of

undertaking or associate for victimising whistleblower.

24C.

Offence to make false

disclosure.

25.

Disclosure of

interests.

26.

Superannuation of

Commissioners.

27.

Superannuation of

staff.

28.

Advances by Minister to

Commission.

29.

Borrowings.

30.

Levies and

fees.

31.

Strategy

statements.

31A.

Financial year of

Commission.

31B.

Commission to prepare

annual action plan.

31C.

Commission to prepare

annual financial forecast.

31D.

Report on state of

electronic communication markets.

32.

Accounts and annual

report.

33.

Code of financial

management.

34.

Accountability of

Commission to Committees of Oireachtas.

35.

Radio frequency

plan.

36.

Public service

requirements.

37.

Regulations relating to

wireless telegraphy.

38.

Repeals.

Special Powers to Require Persons to Give Evidence or Produce Documents

38A.

Commission may require

persons to give evidence or produce documents.

38B.

Conduct of proceeding

under this Part.

38C.

Proceeding under this

Part to be normally in private.

38D.

Offence to fail to

appear before Commission

38E.

Offence to refuse to be

sworn or to answer question.

38F.

Protection of persons

appearing before Commission under section 38A.

38G.

Payment of allowances

and expenses to persons who appear before Commission.

38H.

Trial of offences under

this Part.

PART 3

Enforcement

39.

Authorised

officers.

39A.

Requests for

information relating to investigations.

40.

Search

warrants.

40A.

Search warrants in

relation to certain competition law matters.

40B.

Search warrants

relevant to assisting the European Commission with an inspection.

41.

Indemnification.

42.

Offences of bodies

corporate.

43.

Prosecution of summary

offences by Commission.

44.

Notice by Commission of

intention to prosecute, etc.

45.

Undertaking not to

overcharge or charge for services not supplied.

46.

Commission may apply to

High Court for order to restrain repeated or apprehended contravention of

section 45.

46A.

Special powers enabling

Minister to make regulations to give effect to European Communities

instruments relating to communications matters.

46B.

Admissibility of expert

evidence in proceedings under this Act and related enactments.

46C.

Power of court to order

copies of certain documents to be given to juries in certain criminal

proceedings.

46D.

Presumptions to apply

in civil and criminal proceedings under this Act and related

enactments.

46E.

Admissibility of

statements contained in certain documents.

PART 4

Transition Provisions

47.

Transfer of property and

liabilities of Director to Commission.

48.

Preservation of certain

continuing contracts.

49.

Adaptation of certain

documents.

50.

Continuation of certain

matters by Commission.

51.

Pending legal

proceedings.

PART 5

Electronic Communications Infrastructure Road Works and Sharing

52.

Interpretation (

Part

5

).

53.

Opening of public road

for establishment of underground electronic communications

infrastructure.

54.

Use of public road for

establishment of electronic communications infrastructure

overground.

55.

Cost apportionment for

electronic communications infrastructure relocation due to road

improvements.

56.

Regulations and policy

directions to authorities.

57.

Physical infrastructure

sharing by infrastructure providers.

57A.

Power of High Court to

make compliance orders in respect of conditions imposed under section

57.

58.

Lopping of

trees.

PART 6

Emergency Call Answering Service (ECAS)

58A.

Interpretation: Part

6.

58B.

Power of Minister to

enter into contract for the operation of emergency call answering service

(ECAS).

58C.

Payment of ECAS call

handling fees.

58D.

Commission to conduct

review of maximum call handling fee.

58E.

ECAS operator to pay

reasonable costs of Commission in monitoring service.

58F.

ECAS operator not

liable for certain actions done in good faith.

58G.

Commission to report to

Minister on operation of service

58H.

Interim measure pending

the Minister entering into contract under section 58B.

PART 7

Miscellaneous Provisions

59.

Repeals and

revocation.

60.

Service of

notices.

61.

Privileged legal material.

62.

Freedom of Information Act not to apply to certain confidential information.

63.

Publication of certain notices.

SCHEDULE 1

Related Enactments for the Purposes of this Act

Part 1

Acts

Part 2

Statutory Instruments

SCHEDULE 2