European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations, 2011

• Jurisdiction: Ireland
• Citation: IR SI 335/2011

CONTENTS

Regulation

1. Citation

2. Interpretation

3. Confidentiality of information

4. Authorisation of electronic communications networks and services

5. Declarations to facilitate the exercise of rights to install facilities and rights of interconnection

6. Register of authorised undertakings

7. Rights of undertakings under general authorisation

8. Conditions attached to a general authorisation

9. Rights of use for radio frequencies

10. Conditions attached to rights of use for radio frequencies

11. Procedure for limiting the number of rights of use to be granted for radio frequencies

12. Harmonised assignment of radio frequencies

13. Rights of use for numbers

14. Conditions attached to rights of use for numbers

15. Amendment of rights and obligations

16. Enforcement — compliance with obligations

17. Suspension or withdrawal of authorisation, rights of use for radio frequencies or rights of use for numbers

18. Information required under the general authorisation, for rights of use and for specific obligations

19. Fees for rights of use and rights to install facilities

20. Publication of information

21. Directions

22. Service of determinations, directions and notifications

23. Prosecution of offences

24. Offences by bodies corporate

25. Penalties

26. Publication of specification of conditions

27. Transitional arrangements

28. Revocations

Schedule

S.I. No. 335 of 2011

EUROPEAN COMMUNITIES (ELECTRONIC COMMUNICATIONS NETWORKS AND SERVICES) (AUTHORISATION) 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 2002/20/EC of the European Parliament and of the Council of 7 March 20021 as amended by Directive 2009/140/EC of the European Parliament and of the Council of 25 November 20092 , hereby make the following regulations:

Citation

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

Interpretation

2. (1) For the purpose of these Regulations the definitions set out in Regulation 2(1) of the Framework Regulations apply.

(2) In these Regulations—

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

“Act of 1983” means Postal and Telecommunications Services Act 1983 (No. 24 of 1983);

“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);

“authorised undertaking” means an undertaking deemed to be authorised under Regulation 4;

“Framework Regulations” means European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 ( S.I. No. 333 of 2011 );

“general authorisation” means an authorisation for an undertaking to provide an electronic communications network or service under and in accordance with Regulation 4;

“licence”, unless it is otherwise indicated, means a licence granted under section 5 of the Act of 1926 to keep and have possession of apparatus for wireless telegraphy for the provision of an electronic communications network or service and which grants a right of use for radio frequencies;

“NRA” means National Roads Authority;

“Regulations of 2003” means European Communities (Electronic Communications Networks and Services)(Authorisation) Regulations 2003 ( S.I. No. 306 of 2003 );

“road authority” has the meaning assigned to it by section 2 (as amended by section 11 of the Roads Act 2007 (No. 34 of 2007)) of the Roads Act 1993 (No. 14 of 1993);

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

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

(5) A reference in any enactment to the Regulations of 2003 is to be construed as a reference to these Regulations.

Confidentiality of information

3. For the purpose of these Regulations the Regulator shall, subject to the Freedom of Information Acts 1997 and 2003, accept as confidential any information provided to the Regulator which is expressed to be confidential, except where the Regulator has good reason to consider otherwise.

Authorisation of electronic communications networks and services

4. (1) Subject to paragraph (7), any undertaking that intends to provide an electronic communications network or an electronic communications service shall, before doing so, notify the Regulator of its intention to provide such a network or service.

(2) An undertaking providing cross border electronic communications services to undertakings located in several Member States shall not be required to submit more than one notification per Member State concerned.

(3) A notification under paragraph (1) shall be in such form as the Regulator may, from time to time, determine and shall contain the following information—

(a) the name of the undertaking concerned including, in the case of a body corporate, the company registration number,

(b) the names, addresses and contact numbers of relevant contact persons,

(c) the business address of the undertaking concerned and in the case of a body corporate, where that address differs from the address of its registered office, the address of its registered office,

(d) a short description of the network or service which is the subject of the notification, including a statement as to whether the relevant network or service is to be made publicly available, and

(e) the estimated date of commencement of the relevant activity.

(4) Upon receipt by the Regulator of a notification under paragraph (1), the undertaking concerned is deemed to be authorised to provide an electronic communications network or electronic communications service or, as appropriate, both, subject to such conditions as may be specified by the Regulator under Regulation 8.

(5) An undertaking shall notify the Regulator of any changes to the information supplied under paragraph (1) in relation to the matters referred to in paragraph (3)(a) to (c) within 14 days of such change and in relation to the matters referred to in paragraph (3)(d) and (e) before the commencement of the implementation of the change related to the relevant activity.

(6) An undertaking that fails to comply with the requirements of paragraph (1) or (5) commits an offence.

(7) The Regulator may make a determination specifying an electronic communications network or electronic communications service of a particular class or description as being a network or service in relation to which an undertaking is not subject to the requirements of paragraph (1).

(8) Where the Regulator determines under paragraph (7) that an undertaking is not required to notify under paragraph (1), that undertaking is deemed to be authorised under this Regulation.

(9) A reference in any enactment to a person licensed under section 111 of the Act of 1983 is to be construed as a reference to an undertaking deemed to be authorised under this Regulation.

Declarations to facilitate the exercise of rights to install facilities and rights of interconnection

5. (1) The Regulator shall, within one week of the receipt by it of a request from any authorised undertaking, issue to that undertaking, in such form as the Regulator may from time to time determine, a standardised declaration—

(a) confirming, where applicable, that the undertaking has submitted a notification under Regulation 4(1), and

(b) detailing under what circumstances any undertaking has the right to—

(i) apply for a consent under section 53 of the Act of 2002 or a licence under section 254(1) of the Act of 2000 for the establishment of overground electronic communications infrastructure and any associated physical infrastructure,

(ii) negotiate interconnection, and

(iii) obtain access or interconnection,

in order to facilitate the exercise of those rights.

(2) Where it considers it appropriate to do so, the Regulator may issue such declaration as an automatic reply upon receipt of a notification under Regulation 4(1).

Register of authorised undertakings

6. (1) The Regulator shall establish and maintain a register of undertakings that have notified the Regulator of an intention to provide an electronic communications network or service under Regulation 4(1) and such information contained in any such notification under that paragraph as the Regulator considers appropriate, other than information which the Regulator reasonably considers confidential, shall be entered in the register established and maintained under this paragraph.

(2) The Regulator may, as occasion requires, amend or delete an entry in the register.

(3) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or extracts from, entries in the register.

(4) In any proceedings a certificate bearing the seal of the Regulator, stating that the register shows that on the date or during the period specified in the certificate the name of the undertaking identified by the certificate was not entered in the register, is admissible as evidence of the fact that an undertaking identified by the certificate did not notify the Regulator in accordance with Regulation 4(1) of its intention to provide a network or service before that date or during that period.

(5) A document purporting to be a...