An act to provide for the establishment of a body to be
known as the commission for communications regulation or,
in the Irish language, as an coimisiún um rialáil
cumarsáide, to define its functions, to dissolve
the office of the director of telecommunications regulation,
to transfer the functions of the director of telecommunications
regulation to the commission for communications regulation,
to make provision in respect of the opening of public roads
for electronic communications infrastructure, to provide
for the sharing of infrastructure, to repeal certain enactments
and provisions of enactments and to provide for connected
matters.
This
Act may be cited as the Communications Regulation Act,
2002
2-
Interpretation
(1)
In
this Act, except where the context otherwise requires—
“Act
of 1972” means European Communities Act,
1972;
“Act
of 1996” means Telecommunications (Miscellaneous
Provisions) Act, 1996;
“associated
facilities” means those facilities associated
with either or both—
(a)
an
electronic communications network, and
(b)
an
electronic communications service,
which
enable or support the provision of services by
way of that network or service, and includes conditional
access systems and electronic programme guides;
“Civil
Service” has the meaning assigned to it
by the Civil Service Regulation Act, 1956 ;
“Commission”
means the Commission for Communications Regulation
established by Part 2;
“Commissioner”
means a member of the Commission;
“Community”
means European Communities;
“conditional
access systems” means any technical measure
or arrangement whereby access to a protected radio
or television broadcasting service in intelligible
form is made conditional upon subscription or
other form of prior individual authorisation;
“Director”
means the Director of Telecommunications Regulation
appointed under the Act of 1996 and, where the
context so admits, includes the Office of the
Director of Telecommunications Regulation;
“electronic
communications market” means electronic
communications networks, electronic communications
services and associated facilities;
“electronic
communications network” means transmission
systems including, where applicable—
(a)
switching
equipment,
(b)
routing
equipment,
(c)
other
resources,
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)
electricity
cable systems, to the extent that they
are used for the purposes of transmitting
signals,
(iii)
fixed
terrestrial networks (both circuit-switched
and packet-switched, including the Internet),
(iv)
mobile
terrestrial networks,
(v)
networks
used for either or both radio and television
broadcasting, and
(vi)
cable
television networks,
irrespective
of the type of information conveyed;
“electronic
communications service” means a service
normally provided for remuneration which consists
wholly or mainly in the conveyance of signals
on electronic communications networks, including
telecommunications services, publicly available
telephone services and transmission services in
networks used for broadcasting, but does not include—
(a)
services
providing, or exercising editorial control over,
content transmitted using electronic communications
networks and services, and
(b)
information
society services within the meaning of Article
1 (inserted by Directive 98/48/EC of 20 July 19981
) of Directive 98/34/EC of 22 June 19982 which
do not consist wholly or mainly in the conveyance
of signals on electronic communications networks;
“essential
requirements” has the meaning assigned to
it by Article 2 of Directive 97/13/EC of 10 April
19973 ;
“establishment
day” means the day appointed under section
4 to be the establishment day for the purposes
of this Act;
“Minister”
means Minister for Public Enterprise;
“Office”
means Office of the Director of Telecommunications
Regulation;
“postal
services” has the meaning assigned to it
by Directive 97/67/EC of 15 December 19974 ;
“prescribed”
means prescribed by regulations made by the Minister;
“superannuation
benefits” means pensions, gratuities and
other allowances payable on resignation, retirement
or death;
“television
set” has the meaning assigned to it by section
1 of the Wireless Telegraphy Act, 1972 ;
“transferred
function” means a function transferred to
the Commission under section 9 ;
“undertaking”
means a provider of electronic communications
networks or services or associated facilities;
“user”
means a natural or legal person using or requesting
a publicly available electronic communications
service.
(2)
In
this Act—
(a)
a
reference to a section or Schedule is
a reference to a section of, or Schedule
to, this Act unless it is indicated that
some other enactment is intended;
(b)
a
reference to a subsection, paragraph or
subparagraph is a reference to the subsection,
paragraph or subparagraph of the provision
in which the reference occurs, unless
it is indicated that reference to some
other provision is intended; and
(c)
a
reference to an enactment includes a reference
to that enactment as amended or extended
by or under any subsequent enactment including
this Act.
3-
Laying
of orders and regulations before Houses of Oireachtas
(1)
Other
than an order under section 4 , every order or
regulation made under this Act by the Minister
or the Minister for the Environment and Local
Government shall be laid before each of the Houses
of the Oireachtas as soon as practicable after
it is made.
(2)
Either
House of the Oireachtas may, by resolution passed
within 21 sitting days after the day on which
an order or a regulation was laid before it in
accordance with subsection (1), annul the order
or regulation.
(3)
The
annulment of an order or regulation under this
section takes effect immediately on the passing
of the resolution concerned, but does not affect
anything that was done under the order before
the passing of the resolution.
4-
Establishment
day
The
Minister shall by order appoint a day to be the establishment
day for the purposes of this Act.
5-
Expenses
The
expenses incurred by the Minister and the Minister for
the Environment and Local Government in the administration
of this Act shall, to such extent as may be sanctioned
by the Minister for Finance, be paid out of moneys provided
by the Oireachtas.
On
the establishment day there is established a body
to be known as the Commission for Communications
Regulation or, in the Irish language, An Coimisiún
um Rialáil Cumarsáide, which shall
perform the functions conferred on it by or under
this Act.
(2)
The
Commission shall be a body corporate with perpetual
succession and a seal and power—
(a)
to
sue and be used in its corporate name,
(b)
to
acquire, hold and dispose of land or an
interest in land, and
7-
Seal
of Commission
(1)
The
Commission shall, as soon as may be after its
establishment, provide itself with a seal.
(2)
The
seal shall be authenticated by the signature of—
(a)
a
Commissioner, or
(b)
a
member of the staff of the Commission,
authorised by the Commission to act in
that behalf.
(3)
Judicial
notice shall be taken of the seal of the Commission
and every document—
(a)
purporting
to be an instrument made by and to be
sealed with the seal of the Commission,
and
(b)
purporting
to be authenticated in accordance with
subsection (2),
shall
be received in evidence and be deemed
to be such instrument without proof unless
the contrary is shown.
8-
Dissolution
of Office of Director of Telecommunications Regulation
On
the establishment day the Office of the Director of Telecommunications
Regulation is dissolved.
9-
Transfer
of functions
(1)
On
the establishment day there is transferred to
the Commission the functions of the Director by
or under—
(a)
each
of the provisions mentioned in column
(3) of Part 1 of Schedule 1 of the enactments
mentioned in column (2) of that Part opposite
the mention of that provision, and
(b)
each
of the statutory instruments mentioned
in Part 2 of Schedule 1.
(2)
On
the establishment day there is transferred to
the Commission the functions of the Minister under
section 20 (except in so far as it relates to
television sets) of the Broadcasting and Wireless
Telegraphy Act, 1988 .
(3)
Reference—
(a)
in
section 8 of the Wireless Telegraphy Act,
1926 , and
(b)
in
section 9(1) of the Broadcasting Act,
1990 ,
to
an officer of the Minister shall, from
the establishment day, be construed as
reference to an officer of the Commission.
(4)
Reference
in a transferred function to the Director or the
Minister (construed by virtue of section 4 of
the Act of 1996 as a reference to the Director)
shall, from the establishment day, be construed
as a reference to the Commission.
10-
Functions
of Commission
(1)
The
functions of the Commission shall be—
(a)
to
ensure compliance by undertakings with
obligations in relation to the supply
of and access to electronic communications
services, electronic communications networks
and associated facilities and the transmission
of such services on such networks,
(b)
to
manage the radio frequency spectrum and
the national numbering resource, in accordance
with a direction under section 13 ,
(c)
to
ensure compliance by providers of postal
services with obligations in relation
to the provision of postal services,
(d)
to
investigate complaints from undertakings
and consumers regarding the supply of
and access to electronic communications
services, electronic communications networks
and associated facilities and transmission
of such services on such networks, and
(e)
to
ensure compliance, as appropriate, by
persons in relation to the placing on
the market of communications equipment
and the placing on the market and putting
into service of radio equipment.
(2)
...........
(a)
The
Minister may, after consultation with
the Commission, by order, transfer to
the Commission such additional functions
as the Minister considers appropriate,
being functions that are incidental, supplemental
or consequential to the functions conferred
on the Commission under this section.
(b)
The
Minister may, by order, amend or revoke
an order under this subsection.
(3)
The
Commission shall have all such powers as are necessary
for or incidental to the performance of its functions
under this Act.
(4)
The
Commission shall be the national regulatory authority
for the purposes of Regulation No. 2887/2000 of
18 December 20001 of the European Parliament and
of the Council on unbundled access to the local
loop.
