European Communities (Electronic Communications Networks and Services)(Framework) Regulations, 2003

JurisdictionIreland
CitationIR SI 307/2003

I, Dermot Ahern, Minister for Communications, Marine 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 No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002,1 hereby make the following regulations:

Part 1

Preliminary

Citation and commencement

1. (1) These Regulations may be cited as the European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003.

(2) These Regulations come into operation on 25 July 2003.

Interpretation

2. (1) In these Regulations, except where the context otherwise requires:

“Access Directive” means Directive 2002/19/EC2 of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of electronic communications networks and associated facilities;

“Access Regulations” means the European Communities (Electronic Communications)(Access) Regulations 2003 ( S.I. No. 305 of 2003 );

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

“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 facilities associated with an electronic communications network, an electronic communications service or both such network and service which enable, support or both enable and support the provision of services via that network or service and includes conditional access systems and electronic programme guides;

“Authorisation Directive” means Directive 2002/20/EC3 of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services;

“Authorisation Regulations” means the European Communities (Electronic Communications)(Authorisation) Regulations, 2003 ( S.I. No. 306 of 2003 );

“conditional access system” means any technical measure, arrangement or both such measure and 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;

“Data Protection Directive” means Directive 2002/58/EC4 of the European Parliament and the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector;

“electronic communications network” means transmission systems and, where applicable, switching or routing equipment and other resources 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) a service providing, or exercising editorial control over, content transmitted using electronic communications networks and services and

(b) an information society service, as defined in Article 1 of Directive 98/34/EC, which does 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 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;

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

“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 on a common regulatory framework for electronic communications networks and services;

“function” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of powers and the carrying out of duties;

“Member State” means a member State of the European Community;

“Minister” means the Minister for Communications, Marine and Natural Resources;

“national numbering scheme” means the scheme administered by the Regulator and which sets out the sequence of numbers which must be used to route communications to specific locations, terminals, persons or functions on public electronic communications networks;

“national regulatory authority” in relation to another Member State, means the body or bodies charged by another Member State with any of the regulatory tasks assigned in the Framework Directive and the Specific Directives;

“number” includes a character and a combination of numbers or characters or both;

“provision of an electronic communications network” means the establishment, operation, control or making available of such a network;

“public communications network” means an electronic communications network used wholly or mainly for the provision of publicly available electronic communications services;

“Regulator” means the Commission for Communications Regulation;

“relevant market” means a product or service market defined by the Regulator in accordance with Regulation 26 or referred to in Regulation 20(5)(a) and adopted in accordance with Regulation 20(7);

“Specific Directives” means the Authorisation Directive, the Access Directive the Universal Service Directive and the Data Protection Directive;

“specific obligations” means obligations that may be imposed by the Regulator on an undertaking under Regulations 6(1), 6(2), 6(3), 7 and 9 of the Access Regulations and Regulations 13, 14, 15 and 16 of the Universal Service Regulations, and on those designated under Regulation 7 of the Universal Service Regulations to carry out the obligations referred to in that Regulation;

“Specific Regulations” means these Regulations, the Authorisation Regulations, the Access Regulations, the Universal Service Regulations and the European Communities (Data Protection and Privacy in Telecommunications) Regulations 2002 ( S.I. No. 192 of 2002 );

“subscriber” means any natural person or legal entity who or which is party to a contract with a provider of publicly available electronic communications services for the supply of such services;

“transnational market” means a market identified in accordance with Article 15(4) of the Framework Directive covering the Community or a substantial part thereof;

“undertaking” means a person engaged or intending to engage in the provision of electronic communications networks or services or associated facilities;

“universal service” means the minimum set of services, defined in the Universal Service Directive, of specified quality, which is available to all users regardless of their geographical location and, in the light of specific national conditions, at an affordable price;

“Universal Service Directive” means Directive 2002/22/EC5 of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services;

“Universal Service Regulations” means the European Communities (Electronic Communications)(Universal Service and Users' Rights Regulations 2003 ( S.I. No. 308 of 2003 );

“user” means a legal entity or natural person using or requesting a publicly available electronic communications service.

(2) A word or expression which is used in these Regulations and which is also used in the Framework Directives has, unless the context otherwise requires, the same meaning in these Regulations that it has in the Framework Directive.

(3) In these Regulations, unless the contrary intention appears —

(a) a reference to a regulation or Schedule is a reference to a Regulation of or Schedule to these Regulations, and

(b) a reference to a paragraph or a subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs.

(4) In these Regulations, a reference to an enactment or Regulations is to be construed as a reference to the enactment or Regulations as amended by any subsequent enactment or Regulations, including these Regulations.

Part 2

Appeals

Application for appeal against decision of Regulator

3 (1) This Regulation applies to any user or any undertaking that is affected by a decision, designation, determination, specification, requirement direction or any other act of an equivalent nature of the Regulator under these Regulations, the Specific Regulations or Regulation (EC No. 2887/2000 of the European Parliament and of the Council of 18...

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