European Union (Open Internet Access) Regulations 2019

• Jurisdiction: Ireland
• Year: 2019
• Citation: IR SI 343/2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th July, 2019.

I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, 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 full effect to Articles 1 to 6 of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 20151 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Open Internet Access) Regulations 2019.

2. (1) In these Regulations –

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

“EU Regulation” means Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 20151 ;

“Regulator” means the body designated as the national regulatory authority under Regulation 3;

“undertaking” means a person engaged in the provision of publicly available electronic communications networks or services, including internet access services, who is subject to Articles 3, 4 and 5 of the EU Regulation.

(2) A word or expression which is used in these Regulations and which is also used in the EU Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the EU Regulation.

3. The Commission for Communications Regulation is designated as the national regulatory authority in the State for the purposes of Articles 3, 4 and 5 of the EU Regulation and these Regulations.

4. (1) The Regulator may give a direction to an undertaking requiring the undertaking to take a measure under Article 5(1) of the EU Regulation within the period specified in the direction.

(2) Where the Regulator proposes to give a direction to an undertaking under paragraph (1), the Regulator shall –

(a) notify the undertaking of the proposed direction, and

(b) invite the undertaking to make representations to the Regulator concerning the proposal within 21 days of the service of the notice.

(3) The Regulator, in making a decision as to the giving of a direction, shall take into consideration any representations made to it under paragraph (2)(b).

(4) The Regulator may, as it thinks fit, amend or revoke a direction given under paragraph (1).

5. Section 10(1) of the Act of 2002 is amended by the insertion of the following paragraph after paragraph (ac):

“(ad) to closely monitor and ensure compliance by undertakings, including providers of internet access services within the meaning of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 20151 , with their obligations under Articles 3, 4 and 5 of those Regulations,”.

6. (1) The Regulator may certify one or more monitoring mechanisms to measure the performance of internet access services for the purposes of Article 4(4) of the EU Regulation.

(2) Information regarding a monitoring mechanism certified under paragraph (1) shall be published on the website of the Regulator.

7. Regulation 27 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 ( S.I. No. 337 of 2011 ) applies to a dispute involving an end-user and an undertaking relating to the rights and obligations laid down in Article 3 or Article 4(1) of the EU Regulation, subject to the modification that a reference to an undertaking in Regulation 27 shall be construed as a reference to an undertaking under these Regulations and to any other necessary modification.

8. (1) Where the Regulator finds that an undertaking has not complied with-

(a) its obligations under Article 3, 4 or 5 of the EU Regulation, or

(b) a direction under Regulation 4(1) within the period specified in the direction,

the Regulator shall notify the undertaking of those findings and give the undertaking a period within which to comply with its obligations or the direction.

(2) The Regulator may publish, in such manner as it thinks fit, any notification given by it under this Regulation subject to the protection of the confidentiality of any information that the Regulator considers confidential.

(3) The Regulator may amend or revoke any notification under this Regulation.

(4) Where, at the end of the period specified by the Regulator in a notification under paragraph (1), the Regulator is of the opinion that the undertaking concerned has not complied with the obligation or...