<\/span><\/h3>\nThe Telecommunications (Miscellaneous Provisions) Act 1996 provided for the establishment of the Office of Director of Telecommunication Regulation. The functions were transferred from the Minister for Communications who dealt with regulation of telecommunication carriers\u00a0 radio communications and cable television. The regulator could regulate tariff for certain services.<\/p>\n
The ODTR was also responsible for the \u00a0regulation and management of the radio frequency spectrum under \u00a0the Wireless Telegraphy Act. The Minister retained power to prepare a plan for the management and regulation of the\u00a0 frequency spectrum with power to give policy directions based on frequency management. Certain regulations by the director require the consent of the Minister.<\/p>\n
The ODTR was independent in the exercise of its functions. The regulator was levied financed by levies on telecommunication service providers and certain licence fees under the transferred regulation.<\/p>\n
The regulator was given powers of investigation and enforcement. Authorised officers had powers of entry, inspection , requiring information, carrying out tests et cetera. Offences were created under the legislation.<\/p>\n
The services including tariffs are subject to regulation, where there was no competition in the market, and they were provided by an undertaking with a dominant position. In other sectors of the market price control was not required. The Department could provide an order with an overall limit on the percentage change in costs\u00a0 might be imposed for certain classes of services.<\/p>\n
They might be reviewed by the Director after two years at the Minister’s initiative. The terms might be modified on the basis of the review. Before modifying the order, the Director was obliged to give particulars to the provider of the services concerned and inform them of the right to take representations which must be considered.<\/p>\n
<\/span>ComReg<\/span><\/h3>\nThe Communications Regulation Act 2002 replaced the Office of the Director of Telecommunications Regulation with the Commission for Communications Regulation commonly known as ComReg. The Commission comprises a three person executive panel in place of a single regulator. The legislation updated the framework for the development of electronic communications infrastructure including sharing of strategic national infrastructure.<\/p>\n
The Commission is obliged<\/p>\n
\n- to ensure compliance by regulated undertaking with its obligation in relation to access to and supply of electronic communication services, network facilities a<\/li>\n
- to manage the radio frequency spectrum<\/li>\n
- to ensure compliance by providers of postal service with obligations<\/li>\n
- to investigate complaints as regards supply of and access to electronic communication services and networks<\/li>\n
- monitor compliance with legislation on the placing on market of telecommunications equipment.<\/li>\n<\/ul>\n
The Commission impose a levy on providers including postal providers for the purpose of discharging its functions. In the case of electronic communications, it was also used to fund payments by the Minister for Communications of membership charges to international telecommunication organisations.<\/p>\n
The Commission was given administrative powers to powers to appoint authorised officers for the purpose of investigation. Powers of inspection and investigation were granted with offences for obstruction and interference with officers in the exercise of their powers.\u00a0The level of fines for breach of legislation was raised to \u20ac4 million or 10% of turnover on conviction on indictment.<\/p>\n
The powers of the Commission in relation to interconnection agreements and sharing key nfrastructure were updated. Network operators may be obliged to inform the Commission of negotiations. It\u00a0 has power to impose terms and conditions if agreement is not reached.<\/p>\n
The European Communities (Telecommunications Services) Regulations 1992 (SI No. 45) implemented the EC directive on access to public telecommunication networks. It liberalised access to data transmission and certain value-added areas.<\/p>\n
Operators of the communication service were entitled to connect to the system to the public telecommunication network of Telecom Eireann and to have access\u00a0 as necessary for the purpose of their systems. The conditions were to be determined on an objective basis that are non-discriminatory transparent and compatible with the principles of proportionality. If he terms for interconnection agreements were not agreed the Minister might specify the conditions under which interconnected connection may be effected.<\/p>\n
<\/span>Mobile Telephony<\/span><\/h3>\nEuropean Communities (Mobile and Personal Communications) Regulations, 1996 give effect to EU legislation on the abolition of exclusive rights for state telecommunication service providers. This had been the exclusive right of Telecom Eireann under the Postal and Telecommunications Services Act 1983 but was required to be liberalised under EU law.<\/p>\n
An EU commission directive 96 liberalised market for mobile personal communications. Regulations disapplied the 1983 legislation to mobile and personal communication systems. There are required mobile and personal communication service providers to be licensed by the Department of Transport energy and communications.<\/p>\n
The Minister might provide a licence for mobile services specifying detailed conditions. There was a right of appeal to the High Court in respect of the Minister’s decision on grant refusal or significant alterations of a licence.\u00a0The regulations provided for enforcement and regulatory powers. Authorised officers could enter premises to make inspections about gratis require information test apparatus et cetera.<\/p>\n
The regulations authorised the Minister to grant a licence to Esat Digiphone which had been awarded the second mobile licence pursuant to a process conducted 1995 for a cellular digital land-based mobile telecommunication service to compete with the state provider Eircell limited a subsidiary of Telecom Eireann.<\/p>\n
<\/span>Infrastructure<\/span><\/h3>\nTelecommunications Tariff Regulation Order 1996 (S.I. 393 of 1996) provides for\u00a0 telecommunications charges. In areas where there was no competition and Telecom Eireann had a dominant position price caps and controls applied. This included provision of telephone exchange lines, provisions of integrated services digital network ISDN lines international dialled calls operator calls directory enquiries pay phone calls.<\/p>\n
The European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997) further liberalised telecommunications services.A licence may be granted under the regulations for the establishment of a telecommunication network providing\u00a0 communication services. Provisions were made for grant refusal revocation and amendment of licences. Regulatory and enforcement powers were provided for the director. Sanctions for breach of the legislation was provided for.<\/p>\n
They removed restrictions on the use of cable television networks for provision of telecommunication services that had been already liberalised and further limited the exclusive right of Telecom Eireann in that regard. They implemented the regulation providing for abolition of restrictions on the use of cable television networks in the liberalised telecommunications sector.<\/p>\n
Telecommunications network could\u00a0 established under licence pursuant to the 1983 legislation. The regulations were enforced by the Dir of telecommunications regulation. Further general exemptions from statutory monopoly were granted in respect of\u00a0services or \u00a0networks provided and maintained by a person or entity for its own use not being a service to any other person or a broadcasting station licensed under or\u00a0 cable television systems licensed under the Wireless Telegraphy Act.<\/p>\n
Telecom was obliged to maintain a system to ensure separation of financial accounts in relation to its activity as provider of telecommunication services and as provider of cable television network.<\/p>\n
<\/span>Phasing Out Monopoly<\/span><\/h3>\nThe Irish government was granted an additional period in 1996 up to 1 January 2000 for\u00a0 the abolition of Telecom Eireann’s exclusive rights in the area of voice telephony and network infrastructure instead of 1 January 1998 as required under the directives. It was authorised to postpone to\u00a0 1 January 1999 removal of restrictions on interconnection of mobile telecommunication networks with foreign networks subject to conditions.<\/p>\n
It was permitted to postpone until 1 July 1997 removal of restrictions on the provision of already liberalised telecommunication services networks established by the communication service provider infrastructures provided by third parties and the sharing of networks and other facilities and sites.<\/p>\n
European Communities (Interconnection In Telecommunications) (Amendment) Regulations 1999 provide for number portability from 1 January 2000. It also included other measures to facilitate competition and consumer choice in mobile telephony.<\/p>\n
The European Communities (Telecommunications Services Monitoring) Regulations, 1997 give power to the director to monitor communication links to ensure that service providers comply with the terms of their licence.<\/p>\n
General provisions in the Postal and Telecommunications Services Act 1983 in relation to privacy of messages apply to other operators.<\/p>\n
<\/span>Equipment<\/span><\/h3>\nEuropean Communities (Telecommunications Terminal Equipment) Regulations 1997, implement EU legislation on harmonisation of laws relation to telecommunications terminal equipment. It\u00a0 provided for mutual recognition of conformity standards. Terminal equipment is equipment which may be connected to a public telecommunications network.<\/p>\n
In accordance with EU’s legislation, it provided that telecommunications terminal equipment may not be marketed unless<\/p>\n