European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011

• Jurisdiction: Ireland
• Citation: IR SI 333/2011

CONTENTS

Regulation

Part 1

Preliminary

1. Citation

2. Interpretation

Part 2

Appeals

3. Application for appeal against decision of Regulator

4. Right of appeal against decision of Regulator

5. Regulator to be respondent to appeal

6. Powers of High Court with respect to appeals

7. Effect of appeal on operation of Regulator’s decision

8. Certain documents to be sent to High Court

9. Collection of information relating to appeals

Part 3

Information

10. Provision of information

11. Co-operation with the National Consumer Agency

12. Consultation and transparency mechanism

13. Consolidating the internal market for electronic communications

14. Procedure for the consistent application of remedies

15. Confidentiality of information

Part 4

Tasks and objectives of Regulator and obligations on undertakings

16. Objectives of the Regulator

17. Management of radio frequencies for electronic communications services

18. Review of restrictions on existing rights

19. Transfer or lease of individual rights to use radio frequencies

20. Numbering, naming and addressing

21. Co-location and sharing of network elements and associated facilities for providers of electronic communications networks

22. Accounting separation and financial reports

23. Security and integrity

24. Implementation and enforcement

25. Undertakings with significant market power

26. Procedure for the identification and definition of markets

27. Market analysis procedure

28. Standardisation

29. Interoperability of digital interactive television services

30. Harmonisation procedures

31. Dispute resolution between undertakings

32. Resolution of cross-border disputes

33. Prosecution of offences

34. Offences by bodies corporate

35. Penalties

36. Directions

37. Enforcement and compliance requirements

38. Service of determinations, directions and notifications

Part 5

Amendment of the Act of 2002, transitional arrangements and repeals and revocations

39. Amendment of the Act of 2002

40. Transitional arrangements

41. Revocations

Schedule

S.I. No. 333 of 2011

EUROPEAN COMMUNITIES (ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES) (FRAMEWORK) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th July, 2011.

I, PAT RABBITTE, Minister for Communications, Energy and Natural Resources, 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 Directive 2002/21/EC of the European Parliament and of the Council of 7 March 20021 as amended by Regulation (EC) No. 717/2007 of the European Parliament and of the Council of 27 June 20072 , Regulation (EC) No. 544/2009 of the European Parliament and of the Council of 18 June 20093 and Directive 2009/140/EC of the European Parliament and of the Council of 25 November 20094 , hereby make the following regulations:

PART 1

Preliminary

Citation

1. These Regulations may be cited as the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011.

Interpretation

2. (1) In these Regulations—

“Access Directive” means Directive 2002/19/EC of the European Parliament and of the Council of 7 March 20025 as amended by Directive 2009/140/EC of the European Parliament and of the Council of the 25 November 20094;

“Access Regulations” means European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 ( S.I. No. 334 of 2011 );

“Act of 1926” means Wireless Telegraphy Act 1926 (No. 45 of 1926);

“Act of 2000” means Planning and Development Act 2000 (No. 30 of 2000);

“Act of 2002” means Communications Regulation Act 2002 (No. 20 of 2002);

“appeal” means an appeal lodged under Part 2;

“application program interface (API)” means the software interfaces between applications, made available by broadcasters or service providers, and the resources in the enhanced digital television equipment for digital television and radio services;

“associated facilities” means those associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service or have the potential to do so and include, among other things, buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes and cabinets;

“associated services” means those services associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service or have the potential to do so and include, among other things, number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence services;

“Authorisation Directive” means Directive 2002/20/EC of the European Parliament and of the Council of 7 March 20026 as amended by Directive 2009/140/EC of the European Parliament and of the Council of the 25 November 20094

“Authorisation Regulations” means European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 ( S.I. No. 335 of 2011 );

“BEREC” means the Body of European Regulators for Electronic Communications as established by Regulation (EC) No. 1211/2009 of the European Parliament and of the Council of 25 November 20097 ;

“call” means a connection established by means of a publicly available electronic communications service allowing two-way voice communication;

“CEPT” means the European Conference of Postal and Telecommunications Administrations;

“conditional access system” means any technical measure or arrangement whereby access to a protected radio or television broadcasting service in intelligible form is made conditional upon subscription or other form of prior individual authorisation;

“consumer” means any natural person who uses or requests a publicly available electronic communications service for purposes which are outside his or her trade, business or profession;

“decision” includes designation, determination, specification, requirement, direction, notification and notice, and any other act of an equivalent nature;

“Directive on privacy and electronic communications” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 20028 as amended by Directive 2006/24/EC of the European Parliament and of the Council of 15 March 20069 and Directive 2009/136/EC of the European Parliament and of the Council of 25 November 200910 ;

“electronic communications network” means transmission systems and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, including satellite networks, fixed (circuit- and packet-switched, including Internet) and mobile terrestrial networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;

“electronic communications service” means a service normally provided for remuneration which consists wholly or mainly in the conveyance of signals on electronic communications networks, including telecommunications services and transmission services in networks used for broadcasting, but excludes—

(a) services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, and

(b) information society services, as defined in Article 1 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 199811 , which do not consist wholly or mainly in the conveyance of signals on electronic communications networks;

“electronic programme guide” means any electronic means of providing information to members of the public in relation to the schedule of programme material the subject of any broadcasting service and which electronic means is an integral part of the distribution and reception system by which the broadcasting service is provided;

“end-user” means a user not providing public communications networks or publicly available electronic communications services;

“enhanced digital television equipment” means set-top boxes intended for connection to television sets or integrated digital television sets, able to receive digital interactive television services;

“ENISA” means the European Network and Information Security Agency;

“European Commission” means the Commission of the European Union;

“European Standards Organisations” means the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) and the European Telecommunications Standards Institute (ETSI);

“Framework Directive” means Directive 2002/21/EC of the European Parliament and of the Council of 7 March 20021 as amended by Regulation (EC) No. 717/2007 of the European Parliament and of the Council of 27 June 20072 , Regulation (EC) No. 544/2009 of the European Parliament and of the Council of 18 June 20093 and Directive 2009/140/EC of the European Parliament and of the Council of 25 November 20094 ;

“harmful interference” means interference which endangers the functioning of a radio navigation service or other safety services or which otherwise seriously degrades, obstructs or repeatedly interrupts a radiocommunications service operating in accordance with a requirement under the International Telecommunication Union Radio Regulations...