European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016.

• Jurisdiction: Ireland

CONTENTS

Regulation

1. Citation

2. Interpretation

3. Confidentiality of information

4. Access to information from other networks operators

5. Access to networks to survey physical infrastructure

6. Access to other networks to install elements of a high-speed electronic communications network

7. Access to information on current or planned civil works on other networks

8. Right to negotiate agreements to co-ordinate civil works

9. Right to access property to install connections to high-speed communications networks

10. Functions of Regulator

11. Disputes settlement procedures

12. Compliance orders

13. Service of notifications by Regulator

14. Offences by bodies corporate

15. Right of appeal against decision of Regulator

16. Regulator to be respondent to appeal

17. Powers of High Court with respect to appeals

18. Effect of appeal on operation of Regulator’s decision

19. Underground electronic communications infrastructure

20. Fees payable to planning authorities

21. Licensing of appliances and cables on public roads

S.I. No. 391 of 2016

EUROPEAN UNION (REDUCTION OF COST OF DEPLOYING HIGH-SPEED PUBLIC COMMUNICATIONS NETWORKS) REGULATIONS 2016

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th July, 2016.

I, DENIS NAUGHTEN, 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 2014/61/EU of the European Parliament and of the Council of 15 May 20141 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Reduction of Cost of Deploying High-Speed Public Communications Networks) Regulations 2016.

Interpretation

2. (1) In these Regulations—

“access point” means a physical point, located inside or outside a building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed-ready in-building physical infrastructure is made available;

“Act of 2000” means Planning and Development Act 2000 (No. 30 of 2000);

“Act of 2002” means Communications Regulation Act 2002 (No. 2 of 2002);

“civil works” means every outcome of building or civil engineering works taken as a whole which is sufficient of itself to fulfil an economic or technical function and entails one or more elements of a physical infrastructure;

“decision of the Regulator” means any decision of the Regulator under Regulation 11(3), including any obligation, condition, requirement or direction imposed by the Regulator under procedures adopted under Regulation 11(4) for the purpose of investigating or resolving a dispute referred to in Regulation 11(2) in accordance with Regulation 11(3);

“Directive” means Directive 2014/61/EU of the European Parliament and of the Council of 15 May 20141;

“Directive 2002/21/EC” means Directive 2002/21/EC of the European Parliament and of the Council of 7 March 20022 ,

“electronic communications network” means transmission systems and, where applicable—

(a) switching equipment or routing equipment, and

(b) other resources,

including network elements which are not active, which permit the conveyance of signals by wire, by radio, by optical or by other electromagnetic means, and such conveyance includes the use of—

(i) satellite networks,

(ii) fixed terrestrial networks (both circuit-switched and packet-switched, including internet),

(iii) mobile terrestrial networks,

(iv) electricity cable systems to the extent that they are used for the purpose of transmitting signals,

(v) networks used for either or both radio and television broadcasting, and

(vi) cable television networks,

irrespective of the type of information conveyed;

“end-user” means a user not providing public communications networks or publicly available electronic communications services;

“high-speed public communications network” means a public communication network which is capable of delivering broadband access services at speeds of at least 30 megabits per second;

“high-speed-ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements or enable delivery of high-speed public communications networks;

“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host either or both wired and wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

“minimum information regarding the physical infrastructure of a network” means information regarding the location, route, type and current use of the physical infrastructure of the network of another network operator and including details of a contact point;

“minimum information regarding civil works” means information concerning on-going or planned civil works for which a permit has been granted, a permit granting procedure has commenced or the submission of a permit application is envisaged within a period of 6 months following the making of a request for such information under Regulation 7, related to the physical infrastructure of the network concerned, the location and the type of works, the network elements involved, the estimated date for starting the works and their duration and including details of a contact point;

“network operator” means the provider or operator of a network;

“network termination point” “(NTP)” means the physical point at which a subscriber is provided with access to a public communications network; in the case of networks involving switching or routing, the NTP is identified by means of a specific network address, which may be linked to a subscriber number or name;

“network” means—

(a) a public communications network,

(b) the physical infrastructure of a network intended to produce, transport or distribute—

(i) gas,

(ii) electricity, including public lighting,

(iii) heating, or

(iv) water, including disposal or treatment of waste water and sewage, and drainage systems, excluding elements of networks used for the provision of water intended for human consumption, or

(c) transport services, including railways, roads, ports and airports;

“physical infrastructure” means any element of a network which is intended to host other elements of a network without becoming itself an active element of the network, such as pipes, masts, ducts, inspection chambers, manholes, cabinets, buildings or entries to buildings, antenna installations, towers and poles, but does not include cables, including dark fibre, as well as elements of networks used for the provision of water intended for human consumption;

“public communications network” means an electronic communications network used wholly or mainly for the provision of electronic communications services available to the public which support the transfer of information between network termination points;

“public communications network operator” means a person who provides or is authorised to provide a public communications network in compliance with Regulation 4 of the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 ( S.I. No. 335 of 2011 );

“public sector body” has the meaning assigned to it in the definition of “public body” by section 6 of the Freedom of Information Act 2014 (No. 30 of 2014);

“Regulator” means Commission for Communications Regulation;

“single information point” means the single information point operated by the Regulator in exercise of its function under Regulation 10(1)(c);

“statutory permit ” means—

(a) a licence granted under section 254 (as amended by Regulation 21) of the Act of 2000,

(b) a permission granted under section 34, 37G or 37N of the Act of 2000, or

(c) a consent granted under section 53 (as amended by Regulation 19) of the Act of 2002,

for the development (within the meaning of section 2 of the Act of 2000) of elements of a high-speed public communications network;

“water intended for human consumption” means—

(a) all water either in its original state or after treatment, intended for drinking, cooking, food preparation or other domestic purposes, regardless of its origin and whether it is supplied from a distribution network, from a tanker, or in bottles or containers, or

(b) all water used in any food-production undertaking for the manufacture, processing, preservation or marketing of products or substances intended for human consumption unless the competent national authorities are satisfied that the quality of the water cannot affect the wholesomeness of the foodstuff in its finished form.

(2) A word or expression that is used in these Regulations and that is also used in the Directive or Directive 2002/21/EC has, unless the context otherwise requires, the same meaning in these Regulations that it has in the Directive or Directive 2002/21/EC, as the case may be.

Confidentiality of information

3. (1) Without prejudice to any obligation to disclose information in accordance with law to which it is subject, a public communications network operator shall preserve the confidentiality of commercially sensitive information obtained by it under these Regulations.

(2) A person who contravenes this Regulation commits an offence and is liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

Access to information from other network operators

4. (1) Subject to these Regulations, a public communications network operator has, upon request, the right to access minimum information regarding the physical infrastructure of a network from the...