(LRC Revised)

Number 2 of 2010

COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010

REVISED

Updated to 1 June 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure)

Act 2010

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

the

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

Finance (Provision of Access to Cash Infrastructure) Act 2025

(4/2025), enacted 20 May 2025, and all statutory instruments up to and including

the

Telecommunications (Transfer of Departmental Administration and Ministerial Functions)

Order 2025

(S.I. No. 237 of 2025), made 27 May 2025, 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

2

of

2010

COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE)

ACT 2010

REVISED

Updated to 1 June 2025

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction.

2. Definitions.

PART 2

Regulation of Premium Rate Services

3. Definitions (

Part 2

).

4. Appointed day.

5. Function of Commission to regulate premium rate services.

6. Licence to provide premium rate services.

7. Regulations specifying conditions attached to premium rate service licence.

8. Application to High Court for immediate suspension of licence, etc.

9. Investigation to ensure compliance.

10. Revocation, amendment or suspension of premium rate service licence.

11. Right of appeal.

12. Offence — prohibition on providing premium rate service without licence.

13. Premium rate service provider not to overcharge or charge for services not supplied.

14. Register of licensed premium rate service providers.

15. Code of practice.

16. Consequential amendments of Principal Act.

17. Notifications.

18. Transfer to Commission of staff of Regtel.

19. Transitional provision — Regtel.

20. Revocation.

PART 3

Electronic Communications Infrastructure

21. Amendment of Part 5 of Principal Act — electronic communications infrastructure roadworks and sharing.

22. Emergency directions — termination of electronic communications services.

Acts Referred to

Arbitration Acts 1954 to 1998

Broadcasting Act 2009

2009, No. 18

Communications Regulation (Amendment) Act 2007

2007, No. 22

Communications Regulation Act 2002

2002, No. 20

Companies Acts

Competition Act 2002

2002, No. 14

Dublin Transport Authority (Dissolution) Act 1987

1987, No. 34

Roads Act 1993

1993, No. 14

Roads Act 2007

2007, No. 34

Roads Acts 1993 to 2007

Road Traffic Act 1961

1961, No. 24

Road Traffic Acts 1961 to 2007

Number

2

of

2010

COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE)

ACT 2010

REVISED

Updated to 1 June 2025

AN ACT TO PROVIDE FOR THE REGULATION OF PREMIUM RATE SERVICES BY THE COMMISSION FOR

COMMUNICATIONS REGULATION AND TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 AND

TO PROVIDE FOR CONNECTED MATTERS.

[16

th March

, 2010]

BE IT ENACTED BY THE OIREACHTAS

AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for and Department of the

Environment, Climate and

Communications

construed as Minister for and Department of

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See

below in E-notes for history of transfers of functions and changes of names of

Minister and Department.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications contained in any Act or any

instrument made under an Act and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications —

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications contained in any Act or instrument

made under such Act and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

Sections 10 and 12A of

the Wireless Telegraphy Act 1926 (No 45 of 1926)

...

Note change of name of Minister

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

to

•

Culture, Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Application of collectively cited

Communications Regulation Acts 2002 to 2010

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 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.

...

Review of existing

plans

46. ...

(3) For the purposes of

this Regulation, a decision, including a decision to adopt or undertake, or give

approval for a plan, may include those adopted, undertaken or approved pursuant to

any of the enactments set out in the Second Schedule to these Regulations.

...

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

...

Annotations

Modifications (not altering text)

C1

Functions transferred and

references to Minister for and Department of the

Environment, Climate and

Communications

construed as Minister for and Department of

Tourism,

Culture, Arts, Gaeltacht, Sport and Media

(1.06.2025) by

Telecommunications (Transfer of Departmental Administration and Ministerial

Functions) Order 2025

(S.I. No. 237 of 2025), arts. 2, 3 and sch. part 1,

in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. See

below in E-notes for history of transfers of functions and changes of names of

Minister and Department.

2. (1) The administration and

business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Tourism,

Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Department

of the Environment, Climate and Communications contained in any Act or any

instrument made under an Act and relating to any administration and business

transferred by paragraph (1) shall, from the commencement of this Order, be

construed as references to the Department of Tourism, Culture, Arts, Gaeltacht,

Sport and Media.

3. (1) The functions vested in the

Minister for the Environment, Climate and Communications —

(a) by or under the Acts or

provisions of the Acts mentioned in Part 1 of the Schedule,

...

are transferred to the Minister

for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

(2) References to the Minister for

the Environment, Climate and Communications contained in any Act or instrument

made under such Act and relating to any functions transferred by this Article

shall, from the commencement of this Order, be construed as references to the

Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media.

Schedule

Part 1

Sections 10 and 12A of

the Wireless Telegraphy Act 1926 (No 45 of 1926)

...

Note change of name of Minister

and Department of

Tourism, Culture, Arts, Gaeltacht, Sport and Media

to

•

Culture, Communications and Sport

(2.06.2025) by

Tourism, Culture, Arts,

Gaeltacht, Sport and Media (Alteration of Name of Department and Title of

Minister) Order 2025

(S.I. No. 236 of 2025), in effect as per art.

1(2).

C2

Application of collectively cited

Communications Regulation Acts 2002 to 2010

affected (21.09.2011) by

European Communities (Birds and Natural Habitats) Regulations 2011

(S.I. No. 477 of 2011), regs. 42(22), 46(3), 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.

...

Review of existing

plans

46. ...

(3) For the purposes of

this Regulation, a decision, including a decision to adopt or undertake, or give

approval for a plan, may include those adopted, undertaken or approved pursuant to

any of the enactments set out in the Second Schedule to these Regulations.

...

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

...

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citation and construction.

2. Definitions.

PART 2

Regulation of Premium Rate Services

3. Definitions (

Part 2

).

4. Appointed day.

5. Function of Commission to regulate premium rate services.

6. Licence to provide premium rate services.

7. Regulations specifying conditions attached to premium rate service licence.

8. Application to High Court for immediate suspension of licence, etc.

9. Investigation to ensure compliance.

10. Revocation, amendment or suspension of premium rate service licence.

11. Right of appeal.

12. Offence — prohibition on providing premium rate service without licence.

13. Premium rate service provider not to overcharge or charge for services not supplied.

14. Register of licensed premium rate service providers.

15. Code of practice.

16. Consequential amendments of Principal Act.

17. Notifications.

18. Transfer to Commission of staff of Regtel.

19. Transitional provision — Regtel.

20. Revocation.

PART 3

Electronic Communications Infrastructure

21. Amendment of Part 5 of Principal Act — electronic communications infrastructure roadworks and sharing.

22. Emergency directions — termination of electronic communications services.