European Communities (Telecommunications Services) Regulations, 1992

• Jurisdiction: Ireland
• Citation: IR SI 45/1992
• Year: 1992

S.I. No. 45 of 1992.

EUROPEAN COMMUNITIES (TELECOMMUNICATIONS SERVICES) REGULATIONS, 1992.

I, MÁIRE GEOGHEGAN-QUINN, Minister for Tourism, Transport and Communications, 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 Council Directive No. 90/387/EEC of 28 June 1990(1), and Commission Directive No. 90/388/EEC of 28 June 1990(2), hereby make the following Regulations:

(1)O.J. No. L192 of 24 July 1990, pp. 1 to 9.

(2)O.J. No. L192 of 24 July 1990, pp. 10 to 16. 1. These Regulations may be cited as the European Communities (Telecommunications Services) Regulations, 1992. 2. (1) In these Regulations, except where the context otherwise requires:

"the Act of 1983" means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);

"the Company" means Bord Telecom Éireann;

"data protection" includes the protection of personal data, the confidentiality of information transmitted or stored and the protection of privacy;

"the Directives" means Council Directive No. 90/387/EEC of 28 June 1990(1), and Commission Directive No. 90/388/EEC of 28 June 1990(2);

(1)O.J. No. L192 of 24 July 1990, pp. 1 to 9.

(2)O.J. No. L192 of 24 July 1990, pp. 10 to 16.

"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;

"public telecommunications network" means the public telecommunications infrastructure which permits the conveyance of signals between defined network termination points by wire, microwave, optical means or other electromagnetic means;

"telex service" means the commercial provision for the public of direct transmission of telex messages, in accordance with the relevant recommendations of the Comité Consultatif International Télégraphique et Téléphonique, between public switched network termination points so as to enable any user to use equipment connected to such a network termination point in order to communicate with another termination point;

"terminal equipment", in relation to telecommunications, means equipment intended to be connected to the public telecommunications network, that is to say—

( a ) connected directly to the termination of a public telecommunications network, or

( b ) to interwork with a public telecommunications network, being connected directly or indirectly to the termination of a public telecommunications network,

in order to send, process or receive information and the system of connection may be wire, radio, optical or other electromagnetic system;

"voice telephone service" means the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another termination point.

(2) A word or expression that is used in these Regulations and is also used in the Directives shall, unless the context otherwise requires, have in these Regulations the same meaning that it has in the Directives. 3. (1) The exclusive privilege of the Company granted under section 87 of the Act of 1983 shall, subject to paragraph (2) of this Regulation, be restricted to offering, providing and maintaining the public telecommunications network and offering, providing and maintaining voice telephony services.

(2) Nothing in paragraph (1) of this Regulation shall be construed as affecting the offer, provision or maintenance by the Company within the State of telex services, mobile radio telephony services, paging services and satellite services which are within the exclusive privilege of the Company by virtue of section 87 of the Act of 1983.

(3) Section 87 of the Act of 1983 is hereby amended by the insertion, in subsection (1) of "and Regulation 3 of the European Communities (Telecommunications Services) Regulations, 1992" after "subject to the provisions of this section", and the said subsection (1), as so amended, is set out in the Table to this Regulation.

TABLE.

(1) The Company shall, subject to the provisions of this section and Regulation 3 of the European Communities (Telecommunications Services) Regulations, 1992, have the exclusive privilege of offering, providing and maintaining telecommunications services for transmitting, receiving, collecting and delivering telecommunications messages within the State up to (and including) a connection point in the premises of a subscriber for any such service.

4. (1) ( a ) The Company shall comply with the provisions of paragraphs 1, 2 and 3 of Article 3 of Council Directive No. 90/387/EEC of 28 June 1990, the text of which is set out in the Schedule to these Regulations.

( b ) (i) The Company shall ensure that as regards service providers the conditions (including charges payable) governing access to and use of the public telecommunications network are objective, non-discriminatory and are published.

(ii) In this subparagraph "service providers" includes...