{"id":19304,"date":"2022-10-08T16:02:20","date_gmt":"2022-10-08T16:02:20","guid":{"rendered":"http:\/\/legalblog.ie\/?p=19304"},"modified":"2024-02-04T14:13:18","modified_gmt":"2024-02-04T14:13:18","slug":"telephony-regulation","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/telephony-regulation\/","title":{"rendered":"Telephony Regulation"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Telecommunication_Liberalisation\" title=\"Telecommunication Liberalisation\">Telecommunication Liberalisation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#ECN_ECS\" title=\"ECN &amp; ECS\">ECN &amp; ECS<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Licensing\" title=\"Licensing\">Licensing<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Mobile_Licences\" title=\"Mobile Licences\">Mobile Licences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Obligations_on_Providers_with_Market_Power\" title=\"Obligations on Providers with Market Power\">Obligations on Providers with Market Power<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Significant_Market_Power\" title=\"Significant Market Power\">Significant Market Power<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#USP_Access_Obligations\" title=\"USP Access Obligations\">USP Access Obligations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Other_USP_Obligations\" title=\"Other USP Obligations\">Other USP Obligations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Roaming_Regulations\" title=\"Roaming Regulations\">Roaming Regulations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Emergency_Call_Service\" title=\"Emergency Call Service\">Emergency Call Service<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Competition\" title=\"Competition\">Competition<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#Charges\" title=\"Charges\">Charges<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/telephony-regulation\/#VOIP\" title=\"VOIP\">VOIP<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Telecommunication_Liberalisation\"><\/span>Telecommunication Liberalisation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The EU framework for liberalisation and telecommunications commenced in 1990.<\/p>\n<p>The role of the communications regulator is to promote and protect competition in the market.\u00a0 The EU policies envisaged that competition would be the primary driver as state monopolies are rolled back. The universal service concept is intended to service remote areas, notwithstanding that it may not be financially attractive, in order to maintain affordable access to universal service.<\/p>\n<p>A package of new directives was adopted in 2002. \u00a0Where an entity is dominant by having significant market power, the sector-specific regulation applies. Over time, sector-specific regulation has decreased as competition and liberalisation have taken hold and developed.<\/p>\n<p>Over the last \u00a025 years, various types of telecommunications media have converged.\u00a0 Internet and broadband services have converged with telephone and voice services.\u00a0 Fibre optic cable has replaced copper wires widely. \u00a0Telecommunications and information technology have converged as traditional media have fused.\u00a0 Telephone and broadcast services can now be carried over the internet through a fixed point connection or through mobile broadband.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"ECN_ECS\"><\/span>ECN &amp; ECS<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>An ECN is a transmission system involving routing, switching, or rerouting equipment and other resources that permit the conveyance of signals by wire, radio, optical, and electromagnetic means, including satellite networks, mobile networks, electricity cable systems, networks for radio and television, broadcasting, and cable TV networks.<\/p>\n<p>An ECS is a service consisting wholly or mainly of the conveyance of electronic communications signals on a network (ECN), including telephone transmission and broadcasting. It excludes services providing or exercising editorial control over the content and as an information society service which does not consist wholly or mainly of the conveyance of signals on electronic communications networks.<\/p>\n<p>Authorisations to ECN and ECS are issued in accordance with the EU authorisation directive.\u00a0 An authorised person may not transfer his registration, \u00a0sub-grant it or authorise another.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Licensing\"><\/span>Licensing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Entities providing an ECS or ENN must obtain authorisation from COMREG.\u00a0 \u00a0The authorisations are generally perpetual.\u00a0 COMREG may amend the rights, conditions and procedures concerning the general authorisation. Where COMREG proposes making an amendment, it must consult and publish proposals.<\/p>\n<p>Mobile phone operators and providers of fixed wireless service must obtain a licence for the use of wireless telegraphy.\u00a0 It must be obtained for the installation, maintenance and use of a fixed satellite earth station.\u00a0 Certain regulations apply to satellite earth station equipment.<\/p>\n<p>Internet providers are ECNs or ECSs, depending on how they operate their own transmission system.\u00a0 They thereby require authorisation. See the chapter on electronic communications and data privacy.\u00a0 There are restrictions on unsolicited marketing, cold e-mails, and SMS messages without consent.\u00a0 There is a central opt-out register.<\/p>\n<p>ComReg is the regulator of premium-rate telecommunication services.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mobile_Licences\"><\/span>Mobile Licences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The grant of mobile telephony licence has been by way of competitive tenders.<\/p>\n<p>There is a code of practice by COMREG with respect to the sharing of sites by telecommunication providers.\u00a0 Fixed wireless point-to-multipoint access licences have been awarded by the competition. Fixed wireless access in local areas has been to wireless broadband providers.<\/p>\n<p>Wireless licences are granted within the national frequency plan.\u00a0 \u00a0Mobile licences are granted for 20 years and reviewed annually.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Obligations_on_Providers_with_Market_Power\"><\/span>Obligations on Providers with Market Power<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>COMREG may impose obligations on operators. Under the EU legislation, COMREG analyses the markets, taking into account guidelines. Where there is significant market power, access directive sets out requirements. Universal service<strong> o<\/strong>bligations should be imposed. When there is an effective market\u00a0 existing obligations should be removed.<\/p>\n<p>The regulator\u2019s options in relation to the SMP include<\/p>\n<ul>\n<li>obligations of transparency,<\/li>\n<li>non-discriminatory access,<\/li>\n<li>accounting separation,<\/li>\n<li>accounting and<\/li>\n<li>price control.<\/li>\n<\/ul>\n<p>Public consultation pursuant to the framework directive is required.\u00a0 Each consultation is published.\u00a0 The entity has a right of reply and a right of appeal.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Significant_Market_Power\"><\/span>Significant Market Power<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>SNP\/SMP refers to significant market power.\u00a0 Regulations are imposed on entities with significant market power where it exists in accordance with the EU criteria.\u00a0 Where there is an entity with significant market power, the measures taken should be tailored to the nature of the dominance or market power concerned. They should be proportionate and justified in light of the objectives set out in the regulations.<\/p>\n<p>Significant market power may exist in respect of certain markets. Eircom has been deemed to have SMP in certain markets.\u00a0 Remedies have been applied, including price caps and obligations.<\/p>\n<p>O2, Meteor and Vodafone have SMP. Other providers have SMP in certain wholesale markets.\u00a0\u00a0RTE was found to have SMP in the market for wholesale broadcasting transmission services. Access, non-discrimination price control and transparency obligations apply.<\/p>\n<p>A number of entities collectively, such as Vodafone, O2, and Meteor, each have SMP.\u00a0 Obligations of non-discrimination, price control and transparency have been imposed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"USP_Access_Obligations\"><\/span>USP Access Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Eircom was USP until June 2009.\u00a0 Obligations are placed on the universal service provider to make available access to its electronic communication networks.\u00a0Contracts with end users must contain minimum content.<\/p>\n<p>The USP must satisfy reasonable requests to provide connections to the telephone network and access to publicly available services.\u00a0 Connections must be capable of carrying local, national, international, fax and narrowband internet access.<\/p>\n<p>It must consider all requests for connection as reasonable if the expenditure is less than a set amount. The cost of the applicant should not exceed the standard connection fees.\u00a0 Where the connection fee is higher, it is considered reasonable that the applicant pays the standard connection charge plus incremental costs.<\/p>\n<p>Connections provided by Eircom must carry local, national, and international calls, fax, narrow-band internet service.\u00a0 Eircom must keep a directory of all subscribers of publicly available telephone services, including fixed and mobile numbers, and allow access in accordance with criteria approved by ComReg.Eircom has been designated as the universal services provider.<\/p>\n<p>The USP must provide measures to assist disabled persons, including hearing devices, visual alerts and facilities for translation of voice messages for those with speech impairments. \u00a0Provision is required for those with limited dexterity and mobility.<\/p>\n<p>The universal service provider must maintain affordability.\u00a0 There is a price cap on the provision of subsidies and payments from the Department of Social Protection. Eircom was obliged pre-2009 to publish information on quality and service.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_USP_Obligations\"><\/span>Other USP Obligations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Universal service directives and regulations require minimum services to end-users at affordable prices. They may include a range of services such as directories, directory enquiries services, operator assistance, public payphones and the provision of special facilities.\u00a0 Their obligations in relation to emergency services are higher than in the case of other providers.<\/p>\n<p>A directory of subscribers was formerly provided free of charge and updated annually.\u00a0 It was based on information in the national director database.\u00a0 This is maintained by Eircom and updated annually.<\/p>\n<p>Publicly available telephone services for originating and receiving national and international calls are provided through numbers under the national telephone numbering plan.\u00a0\u00a0Numbering must comply with numbering conventions.<\/p>\n<p>Public payphones must be provided to meet reasonable users&#8217; end needs in terms of geographic coverage, number of telephones, access for disabled persons and quality of services.\u00a0 Specific measures are required for persons with disabilities, limited dexterity or mobility.<\/p>\n<p>Certain facilities, amplifier phones, flashing lights etc must be provided.\u00a0 \u00a0Affordability must be maintained.<\/p>\n<p>The Department of Social and Family Affairs free rental scheme and vulnerable user scheme must be implemented by the USP.<\/p>\n<p>Eircom is required to publish information on the quality of service, performance and providing universal services.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Roaming_Regulations\"><\/span>Roaming Regulations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The roaming regulations provide for civil enforcement and compliance orders.\u00a0 Where an undertaking operating a network fails to comply with its obligations on the roaming or visiting network in relation to wholesale charges or a home provider has failed to comply with its obligations to roaming customers, it should notify the undertaking of the findings and give it an opportunity to state its views or remedy any non-compliance within a month or such other period as agreed.<\/p>\n<p>Where COMREG is of the opinion that the undertaking has not complied with the obligation, it may apply to the High Court for such Order as may be appropriate.\u00a0 The Application may include an application to pay up to \u20ac500,000 to COMREG by a financial penalty as COMREG may propose in light of non-compliance. \u00a0The criteria set out above and the circumstances are relevant to the High Court&#8217;s determination.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Emergency_Call_Service\"><\/span>Emergency Call Service<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Minister may enter into a contract with an undertaking for the provision of emergency call answering services.\u00a0 The Commission may regulate the price and charges for handling emergency calls.<\/p>\n<p>The price per call is to be fixed by contract with the Minister at the outset and is thereafter regulated by the Commission.\u00a0 The Commission is to be paid by the emergency call answering service.\u00a0 The emergency call answering system operator has a defence for acts done in the course of operating the service unless it is established the acts are done or omitted in bad faith or with gross negligence.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Competition\"><\/span>Competition<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Competition Act was amended in 2007 to give the Commission the powers of the Competition Authority in relation to breaches of competition law in the telecommunication sector. The Commission may investigate, at its own initiative or on foot of a complaint, breaches of competition law in the communication sector.\u00a0\u00a0 It may delegate certain of its functions to any member of the Commission or its staff.\u00a0 It is to notify the Competition Authority before performing its functions under the Act.<\/p>\n<p>There are obligations on the Commission and the Competition Authority to notify each other of suspected breaches of competition law.\u00a0 The bodies may enter agreements regarding the investigation and prosecution of offences in the telecommunication sector.\u00a0 The matter may be referred to the Minister in the event of a dispute.\u00a0 An undertaking is not liable to be prosecuted by both bodies for the same breach.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Charges\"><\/span>Charges<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>EU Regulation 2007 limits mobile network charges from foreign networks at the wholesale level.\u00a0 There is a limit on the retail market.\u00a0 The EU \u00a0roaming regulations have measures to provide very good transparency in international roaming services.<\/p>\n<p>The universal service obligation seeks to provide services to all end users and at affordable prices by providing obligations on universal service providers and providers of publicly available communication networks and services.<\/p>\n<p>The numbering convention provides rules on the allocation and permitted use of numbers in the national numbering scheme.\u00a0 ComReg determines whether to issue number and rights to use numbers upon application.\u00a0 In the case of numbers allocated for specific purposes, where there is a right to use a number that has exceptional economic value, it may be granted through a selective or competitive procedure.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"VOIP\"><\/span>VOIP<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Internet providers providing voice-over internet protocol services may accordingly be ECS or ECN, thereby requiring authorisation.<\/p>\n<p>ComReg makes available has published guidelines on VOIP regulation.\u00a0 VOIP can be publically available telephone services.\u00a0 They require an authorisation.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19304\" data-postid=\"19304\" class=\"themify_builder_content themify_builder_content-19304 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Telecommunication Liberalisation The EU framework for liberalisation and telecommunications commenced in 1990. The role of the communications regulator is to promote and protect competition in the market.\u00a0 The EU policies envisaged that competition would be the primary driver as state monopolies are rolled back. The universal service concept is intended to service remote areas, notwithstanding [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[254,77],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19304"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=19304"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19304\/revisions"}],"predecessor-version":[{"id":31359,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19304\/revisions\/31359"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19304"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19304"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19304"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}