European Communities (Telecommunications Infrastructure) Regulations, 1997

• Jurisdiction: Ireland
• Citation: IR SI 338/1997

S.I. No. 338 of 1997.
EUROPEAN COMMUNITIES (TELECOMMUNICATIONS INFRASTRUCTURE) REGULATIONS, 1997
I, Mary O'Rourke, Minister for Public Enterprise, 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 Commission Directive 95/51/EC of 18 October, 19951 (amending Commission Directive 90/388/EEC of 28 June, 19902 with regard to the abolition of the restrictions on the use of cable television networks for the provision of already liberalised telecommunications services) and Commission Directive 96/19/EC of 13 March, 19963 (amending Directive 90/388/EEC with regard to the implementation of full competition in telecommunications markets) hereby make the following Regulations:
1 O.J. No. L256 of 26 October, 1995
2 O.J. No. L 192 of 24 July, 1990
3 O.J. No. L74 of 22 March. 1996
	1 Citation	1. These Regulations may be cited as the European Communities (Telecommunications Infrastructure) Regulations, 1997.
	2 Interpretation	2. (1) A word or expression that is used in these Regulations or in the amendments effected by these Regulations and is also used in Commission Directive 90/388/EC of 28 June, 1990 or Commission Directive 95/51/EC of 18 October, 1995 or Commission Directive 96/19/EC of 13 March, 1996 shall, except where the context otherwise requires, have in these Regulations or in the amendments effected by these Regulations the meaning that it has in the Commission Directive concerned.
	3 Interpretation of exclusive privilege of Telecom Éireann	3. (1) Notwithstanding the definition of "public telecommunications network" contained in Regulation 2 of the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 ), subsection (1) of section 87 (as amended by Regulation 3 of the European Communities (Telecommunications Services) Regulations, 1992) of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), shall be construed having regard to the definition of "public telecommunications network" in this Regulation.
(2) In this Regulation
"network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that public network and which are individually identified by numbers allocated from the national numbering scheme;
"national numbering scheme" means the scheme administered by the Director of Telecommunications Regulation which sets out the sequence of numbers or other characters which must be used to route telephony traffic to specific locations; "public telecommunications network" means a telecommunications network used, inter alia, for the provision of public telecommunications services between network termination points;
"public telecommunications service" means a telecommunications service available to the public;
"telecommunications services" means services whose provision consists wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;
"telecommunications network" means the transmission equipment and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by optical, by radio, or by other electromagnetic means.
	4 Restriction on the establishment of telecommunications networks	4. (1) ( a ) No person shall establish in the State a telecommunications network other than in accordance with a licence, or otherwise authorised by law.
( b ) A person who has established a telecommunications network under a licence granted under subsection (2D) (as inserted by these Regulations) of section 111 of the Postal and Telecommunications Services Act, 1983 , shall not operate or allow the operation of that network otherwise than in accordance with the terms and conditions of a licence.
(2) Every person who establishes or operates a telecommunications network in contravention of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.
(3) An offence under this Regulation may be prosecuted by the Director of Telecommunications Regulation.
(4) In this Regulation
"licence" means a licence granted under subsection (2D) (as inserted by these Regulations) of section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), to establish a telecommunications network not being a public telecommunications network;
"telecommunications network" means the transmission equipment and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by optical, by radio or by other electromagnetic means.
	5 Exceptions from a breach of privilege of Minister for Public Enterprise	5. The Telegraph Act, 1869, is hereby amended by the addition of the following section after section 4:
"4.A Each of the following shall not be regarded as a breach of the exclusive privilege granted by section 4 of this Act
( a ) services and networks provided and maintained by a person solely for his or her own use (including by a business for use between employees for the purposes of the business) and not rendering a service to any other person,
( b ) the operation of a broadcasting station under licence granted by the Minister pursuant to the Broadcasting Authority Act, 1960 (No. 10 of 1960) or the Radio and Television Act, 1988 (No. 20 of 1988), and
( c ) radio communications systems provided under licences granted in accordance with the Wireless Telegraphy (Community Repeater Licence) Regulations, 1988 ( S.I. No. 83 of 1988 ), or exempted from licensing in accordance with the Wireless Telegraphy Acts, 1926 to 1972,
( d ) A cable television system licensed under the Wireless Telegraphy Acts, 1926 to 1972, when used solely for the purpose identified in the licence."
	6 Award of Licences for the establishment of a telecommunications network for the purposes of providing telecommunications services	6. Section 111 of the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), is hereby amended by the insertion of the following subsection after subsection (2C) (inserted by the European Communities (Mobile and Personal Communications) Regulations, 1996 ( S.I. No. 123 of 1996 ))—
"(2D) (1) ( a ) In this subsection, save where the context otherwise requires, "licence" means a licence to establish a telecommunications network not being a public...