{"id":19359,"date":"2022-10-10T21:51:36","date_gmt":"2022-10-10T21:51:36","guid":{"rendered":"http:\/\/legalblog.ie\/?p=19359"},"modified":"2024-03-30T13:16:07","modified_gmt":"2024-03-30T13:16:07","slug":"mobile-development","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/mobile-development\/","title":{"rendered":"Mobile Development"},"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 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/mobile-development\/#Early_Mobile_Telephony\" title=\"Early Mobile Telephony\">Early Mobile Telephony<\/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\/mobile-development\/#GSM_Eircell\" title=\"GSM &amp; Eircell\">GSM &amp; Eircell<\/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\/mobile-development\/#Second_Mobile_Licence_Digifone\" title=\"Second Mobile Licence &amp; Digifone\">Second Mobile Licence &amp; Digifone<\/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\/mobile-development\/#Third_Further_Providers\" title=\"Third &amp; Further Providers\">Third &amp; Further Providers<\/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\/mobile-development\/#Sales_and_Consolidation\" title=\"Sales and Consolidation\">Sales and Consolidation<\/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\/mobile-development\/#Mobile_Internet\" title=\"Mobile Internet\">Mobile Internet<\/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\/mobile-development\/#Smartphones\" title=\"Smartphones\">Smartphones<\/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\/mobile-development\/#Virtual_Networks\" title=\"Virtual Networks\">Virtual Networks<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#TELECOMMUNICATIONS_MISCELLANEOUS_PROVISIONS_ACT_1996\" title=\"TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996\">TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Interpretation\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Tariff_regulation\" title=\"Tariff regulation.\">Tariff regulation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Transfer_of_functions\" title=\"Transfer of functions.\">Transfer of functions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Issue_of_shares_etc\" title=\"Issue of shares, etc.\">Issue of shares, etc.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Authorised_officers\" title=\"Authorised officers.\">Authorised officers.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Offences\" title=\"Offences.\">Offences.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#POSTAL_AND_TELECOMMUNICATIONS_SERVICES_AMENDMENT_ACT_1999\" title=\"POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999\">POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Interpretation-2\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Schemes_under_sections_46_and_90_of_the_Postal_and_Telecommunications_Services_Act_1983\" title=\"Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .\">Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Amendment_of_section_46_of_the_Postal_and_Telecommunications_Services_Act_1983\" title=\"Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .\">Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Application_to_all_licenced_operators_of_certain_provisions\" title=\"Application to all licenced operators of certain provisions.\">Application to all licenced operators of certain provisions.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Non-application_of_certain_Acts\" title=\"Non-application of certain Acts.\">Non-application of certain Acts.<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#POSTAL_AND_TELECOMMUNICATIONS_SERVICES_AMENDMENT_ACT_1999-2\" title=\"POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999\">POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Interpretation-3\" title=\"Interpretation.\">Interpretation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Amendment_of_section_8_of_Act_of_1996\" title=\"Amendment of section 8 of Act of 1996.\">Amendment of section 8 of Act of 1996.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Schemes_under_sections_46_and_90_of_the_Postal_and_Telecommunications_Services_Act_1983-2\" title=\"Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .\">Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#5%E2%80%94Section_46_of_the_Act_of_1983_is_hereby_amended%E2%80%94\" title=\"5.\u2014Section 46 of the Act of 1983 is hereby amended\u2014\">5.\u2014Section 46 of the Act of 1983 is hereby amended\u2014<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Employee_directors\" title=\"Employee directors.\">Employee directors.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Application_to_all_licenced_operators_of_certain_provisions-2\" title=\"Application to all licenced operators of certain provisions.\">Application to all licenced operators of certain provisions.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Amendment_of_section_9_of_the_Telecommunications_Miscellaneous_Provisions_Act_1996\" title=\"Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .\">Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/mobile-development\/2\/#Non-application_of_certain_Acts-2\" title=\"Non-application of certain Acts.\">Non-application of certain Acts.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Early_Mobile_Telephony\"><\/span>Early Mobile Telephony<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Department of Post and Telegraph made its first tentative plans for mobile telephony in the early 1980s. A number of alternative systems were available. The Department opted for the TACS system which was being developed in the United Kingdom.<\/p>\n<p>Eircell was launched in 1985. There were initially 1000 users with handsets costing up to \u00a32000 rental charges \u00a3105 per quarter and calls at 32p per minute. The initial system had a radius of 50 km from Dublin from a base station at Three Rock. It was an analogue system with the 088 number.<\/p>\n<p>By 1990, there were 12,000 customers, and prices began to fall. The cheapest phone was \u00a3900. By the early 1990s, the landline waiting list had finally been eliminated.<\/p>\n<p>The mobile phone replaced earlier telecommunication systems, such as the pager system. Telecom Eireann established a joint venture with Motorola in 1988 called Eirpage.<\/p>\n<p>Motorola manufactured pagers in Swords Co Dublin. It had a software centre at Blackrock Co Cork established in 1981 employing 500 people which was a worldwide centre for operations and maintenance software to monitor the performance of mobile telecom networks<\/p>\n<h3><span class=\"ez-toc-section\" id=\"GSM_Eircell\"><\/span>GSM &amp; Eircell<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Telecom Eireann signed a memorandum of understanding committing them to use the GSM system global system for mobile communications with over a dozen other EU European countries. This left the earlier analogue systems ultimately outdated and eclipsed. Analogue systems were vulnerable from a security perspective and could be listened to with an FM receiver. GSM permitted encrypted the transmissions.<\/p>\n<p>The 087 digital system was launched in 1993 . Initial coverage was around the major urban areas. GSM sets were initially larger. In 1995 only 2.5% of Eircell\u2019s 80,000 customers used the 087 analogue system.<\/p>\n<p>In 1994 Telecom Eireann had a six month period in which it could erect masts up to 16 m high without planning permission. Numerous masts were erected. There were controversies in relation to the siting of mobile masts.<\/p>\n<p>By 1996 there were 125,000 subscribers on the 088 analogue network.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Second_Mobile_Licence_Digifone\"><\/span>Second Mobile Licence &amp; Digifone<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>1996 to 2000 saw an enormous increase in the mobile market.<\/p>\n<p>The competition for the second mobile licence was launched in 1995. There were six bidders including several international companies and Esat \/Telenor. The Esat Digifone phone bid led by Denis O&#8217;Brien as the surprise winner of the competition.<\/p>\n<p>It was much smaller in scale compared to some of the other bidders including Cellstar majority-owned by a US cable and mobile giant Comcast with stakes held by RTE or Bord na Mona and Ganley communications.<\/p>\n<p>The award of the licence later led to a Tribunal of Inquiry which took some 14 years to report and cost \u20ac100 million.<\/p>\n<p>Digifone found it difficult to secure the requisite network of masts. It entered an agreement with the Department of Justice to use radio masts on Garda stations, but \u00a0encountered planning difficulties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Third_Further_Providers\"><\/span>Third &amp; Further Providers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Planning regulations were amended to allow exemption for up to 12 \u00a0mobile telephone antennae on \u00a0existing radio masts and the replacement of existing masts without planning permission. EsatDigifone e launched in March 1997 and attracted over 100,000 customers by the end of the year partly due to complaints about Eircell systems.<\/p>\n<p>Eircell launched the \u201cReady to Go\u201d product with prepayment. This facilitated mobile phones for children and many others who would not wish to face the risk of large bills later invoice. By 2000 there were almost 2.5 million phones in use in Ireland.<\/p>\n<p>A third mobile licence competition was announced in 1998 by the ODTR which had \u00a0taken over the Department of Communication\u2019s responsibilities in licensing. Meteor owned by a US-based company with an Irish partner won \u00a0over Orange the only other bidder. Orange challenge the award and was successful in the High Court but that decision was overturned in the Supreme Court.<\/p>\n<p>Meteor launched in 2001 with coverage of about 50% of the population. The delay in the court case and the limited coverage impeded its growth.<\/p>\n<p>Full mobile number portability commenced in July 2003. It was possible to move network and keep the number including the prefix. A new centre\/database was established.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sales_and_Consolidation\"><\/span>Sales and Consolidation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Eircom sold Eircell to Vodafone for \u20ac4.5 billion in 2000. Vodafone was the first UK privately owned mobile telephone company in Europe commencing in the UK in 1985 and having a vast worldwide footprint by 2000.\u00a0The deal offered 400,000 Eircom shareholders shares in Vodafone for each Eircom share.<\/p>\n<p>The 088 network was closed in 2001 by which time relatively few users remained. It did have certain advantages including a range of sea leading to its use on fishing boats.<\/p>\n<p>British Telecom purchased Esat Telecom for \u20ac2.4 billion in 2001 and 2002. Esat Telecom owned its mobile company subsidiary Digifone as well as a fixed line business. British Telecom rebranded networks as O2 and 2006. It was acquired by Telefonica a large scale Spanish provider.<\/p>\n<p>In 2004 Eircom\u2019s restrictive covenant noncompete clause had expired and it re-entered the mobile market purchasing Meteor. By the early 2000s, Ireland\u2019s rate of mobile penetration was one of the highest in the world. This was assisted by the Celtic Tiger phenomenon.<\/p>\n<p>The SMS short message system arrived at the turn-of-the-century and became immensely popular. Eircell launched SMS in 1997 and it was available to prepaid customers of Eircell and Digifone by the end of 1999. Ireland&#8217;s use of text messaging became one of the highest in the world.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Mobile_Internet\"><\/span>Mobile Internet<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Mobile virtual network operators provided competition to a greater extent in other countries. They purchased capacity from the incumbent at wholesale rates and sold it to their own customers at a markup. By middle of the first \u00a0decade of the 2000&#8217;s the main Irish mobile businesses had a combined turnover of nearly \u20ac2 billion and profits of \u20ac500 million per annum<\/p>\n<p>Mobile Internet initially WAP\u00a0 wireless application protocol, \u00a0had been developed through the 1990s and began to come to the market in the first decade of the century. There were many technical limitations.<\/p>\n<p>The BlackBerry smartphone was introduced in 2002 and became popular in the business community. It initially functioned on a more basic system but was facilitated by the rollout of 3G technology. Licences were sold for use of the bandwith by governments.<\/p>\n<p>Companies bid for the 3G network licences\u00a0 each for a substantial cash payment to the Exchequer and an obligation to build a 3G network. Vodafone 02 and Meteor developed networks.<\/p>\n<p>Three became the fourth Irish mobile network in 2006. It incurred substantial losses in its early years in seeking to enter the market.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Smartphones\"><\/span>Smartphones<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>In 2007 Apple launched the first iPhone which utilised older technology. By 2008 a \u00a03G version followed. Google developed an android operating system and by 2010 iPhones and androids competed on the market in Ireland.<\/p>\n<p>The amount of data carried increased enormously with the rollout of smart phones. 3G networks reached capacity.<\/p>\n<p>4G was able to use the rollout of digital by using part of the disused UHF band. 4G licences were offered in 2012 by auction . The four operators bid netting the state \u20ac850 million for the licences. 4G networks became operative in 2014.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Virtual_Networks\"><\/span>Virtual Networks<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Tesco Mobile entered a joint venture with Telefonica who owned O2 using O2&#8217;s network as the first mobile virtual network operator. An\u00a0 Post postfone used Vodafone&#8217;s network and Lycamobile launched in 2012 used O2&#8217;s network. They offered value for money<\/p>\n<p>Telefonica sold O2 Ireland to the owners of Three for \u20ac850 million in 2014 and the networks merged leaving three major networks.<\/p>\n<p>Virgin Media enter the market as a mobile virtual network operator in 2014. \u00a0The mobile virtual network operators brought competition and prices fail. By the 2020s the prices were substantially less than those paid at any time before.<\/p>\n<p>Formerly roaming charges for use of mobile device abroad were very expensive. Arrangements were made in the early days of mobile allowing use on the island of Ireland without substantial roaming charges crossing the border. The European Union legislated for the restriction of roaming charges which proved popular in 2007.<\/p>\n<p>By the 2020s over 90% of the population were smart phone users as smart phones eclipsed telephones landlines and mobiles.<\/p>\n<p>ComReg auctioned spectrum space for 5G operators in 2017.<\/p>\n<p><!--nextpage--><\/p>\n<h2>TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT 1996<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 28 May 2019<\/p>\n<p>AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT OF THE OFFICE OF DIRECTOR OF TELECOMMUNICATIONS REGULATION, FOR THE TRANSFER OF FUNCTIONS FROM THE MINISTER TO THE DIRECTOR, FOR THE IMPOSITION OF A LEVY ON PROVIDERS OF TELECOMMUNICATIONS SERVICES, AND FOR THE REGULATION OF TARIFFS FOR CERTAIN TELECOMMUNICATIONS SERVICES, TO AMEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND TO PROVIDE FOR RELATED MATTERS. [10th December, 1996]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<p>Annotations<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C1<br \/>\nFunctions transferred and references to the \u201cMinister for Public Enterprise\u201d and \u201cDepartment of Public Enterprise\u201d construed (18.06.2002) by Communications, Energy and Geological Survey of Ireland (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (S.I. No. 300 of 2002), arts. 3, 4 and sch. 1 part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 5-9.<\/p>\n<p>1. &#8230;<\/p>\n<p>(2) This Order comes into operation on 18 June 2002.<\/p>\n<p>(1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are transferred to the Department of the Marine and Natural Resources.<\/p>\n<p>(2) References to the Department of Public Enterprise contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of the Marine and Natural Resources.<\/p>\n<p>4. (1) The functions vested in the Minister for Public Enterprise &#8211;<\/p>\n<p>(a) by or under any of the enactments or the provisions of the enactments mentioned in Part 1 of the Schedule to this Order,<\/p>\n<p>(b) under the Regulations mentioned in Part 2 of that Schedule, and<\/p>\n<p>(c) in relation to the Geological Survey of Ireland,<\/p>\n<p>are transferred to the Minister for the Marine and Natural Resources.<\/p>\n<p>(2) References to the Minister for Public Enterprise contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for the Marine and Natural Resources.<\/p>\n<p>&#8230;<\/p>\n<p>SCHEDULE<\/p>\n<p>PART 1.<\/p>\n<p>Enactments and provisions of enactments, functions under which are transferred from the Minister for Public Enterprise to the Minister for the Marine and Natural Resources.<\/p>\n<p>&#8230;<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act 1996 (No. 34 of 1996)<\/p>\n<p>&#8230;<\/p>\n<p>Section 1<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>F1[ \u201cCommission\u201d means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002;]<\/p>\n<p>\u201cthe company\u201d means Bord Telecom \u00c9ireann;<\/p>\n<p>F2[\u2026]<\/p>\n<p>\u201cfunctions\u201d includes powers and duties;<\/p>\n<p>\u201cthe Minister\u201d means the Minister for Transport, Energy and Communications;<\/p>\n<p>\u201crecords\u201d includes information stored electronically;<\/p>\n<p>\u201cthe Principal Act\u201d means the Postal and Telecommunications Services Act, 1983.<\/p>\n<p>(2) A reference in this Act to a section, subsection or a Schedule is a reference to a section of, or subsection of, or Schedule to this Act, unless it is indicated that reference to some other Act is intended.<\/p>\n<p>(3) A reference in this Act to any enactment, unless the context otherwise requires, shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.<\/p>\n<p>(4) A reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of powers and the carrying out of duties.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F1<br \/>\nInserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 4(2) and sch. 1, part 10, item 1(a), S.I. No. 224 of 2007.<\/p>\n<p>F2<br \/>\nRepealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 4(2) and sch. 1, part 10, item 1(b), S.I. No. 224 of 2007.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C2<br \/>\nFunctions transferred from the Director to the Commission (15.05.2007) by Communications Regulation Act 2002 (20\/2002), s. 9 and sch. 1 part 1 item 9, as substituted by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 18, S.I. No. 224 of 2007.<\/p>\n<p>Transfer of functions.<\/p>\n<p>9.\u2014(1) On the establishment day there is transferred to the Commission the functions of the Director by or under\u2014<\/p>\n<p>(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<\/p>\n<p>&#8230;<\/p>\n<p>(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.<\/p>\n<p>[SCHEDULE 1<\/p>\n<p>Related Enactments for the Purposes of this Act<\/p>\n<p>PART 1<\/p>\n<p>Acts<\/p>\n<p>&#8230;<\/p>\n<p>(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).<\/p>\n<p>&#8230;]<\/p>\n<p>Section 2<br \/>\nDirector of Telecommunications Regulation.<\/p>\n<p>2.\u2014F3[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F3<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Section 3<br \/>\nFunctions of Director.<\/p>\n<p>3.\u2014F4[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F4<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Section 4<br \/>\nTransfer of functions from Minister to Director.<\/p>\n<p>4.\u2014F5[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPrevious affecting provision: power pursuant to section exercised (5.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003); section repealed as per F-note above. This power appears to have been exercised after repeal of the section.<\/p>\n<p>E2<br \/>\nPrevious affecting provision: power pursuant to section exercised (30.09.2002) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) (Amendment) Regulations 2002 (S.I. No. 467 of 2002); section repealed as per F-note above.<\/p>\n<p>E3<br \/>\nPrevious affecting provision: power pursuant to section exercised (10.09.2002) by Wireless Telegraphy (Experimenter\u2019s Licence) Regulations 2002 (S.I. No. 450 of 2002); section repealed as per F-note above.<\/p>\n<p>E4<br \/>\nPrevious affecting provision: power pursuant to section exercised (28.08.2002) by Wireless Telegraphy (Mobile Radio Systems) Regulations 2002 (S.I. No. 435 of 2002); section repealed as per F-note above.<\/p>\n<p>E5<br \/>\nPrevious affecting provision: power pursuant to section exercised (30.07.2002) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Short Range Devices) Order 2002 (S.I. No. 405 of 2002); section repealed as per F-note above.<\/p>\n<p>E6<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.2002) by Wireless Telegraphy (Third Generation and Gsm Mobile Telephony Licence) Regulations 2002 (S.I. No. 345 of 2002); section repealed as per F-note above.<\/p>\n<p>E7<br \/>\nPrevious affecting provision: power pursuant to section exercised (13.08.2001) by Wireless Telegraphy Act, 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001); revoked as per F-note above.<\/p>\n<p>E8<br \/>\nPrevious affecting provision: power pursuant to section exercised (20.05.2001) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 189 of 2001); section repealed as per F-note above.<\/p>\n<p>E9<br \/>\nPrevious affecting provision: power pursuant to section exercised (2.05.2001) by Wireless Telegraphy (Uhf Television Programme Retransmission) (Amendment) Regulations 2001 (S.I. No. 190 of 2001); section repealed as per F-note above.<\/p>\n<p>E10<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.02.2001) by Wireless Telegraphy (Teleport Facility) Regulations 2001 (S.I. No. 18 of 2001), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2), subject to transitional provision in reg. 9(2).<\/p>\n<p>E11<br \/>\nPrevious affecting provision: power pursuant to section exercised (5.09.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Fixed Satellite Receiving Earth Stations) Order 2000 (S.I. No. 273 of 2000); section repealed as per F-note above.<\/p>\n<p>E12<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.09.2000) by Wireless Telegraphy (Fixed Satellite Earth Stations) Regulations 2000 (S.I. No. 261 of 2000), in effect as per reg. 1(2); revoked (1.01.2008) by Wireless Telegraphy (Fixed Satellite Earth Stations and Teleport Facility) Regulations 2007 (S.I. No. 295 of 2007), reg. 9(1), in effect as per reg. 1(2), subject to transitional provision in reg. 9(2).<\/p>\n<p>E13<br \/>\nPrevious affecting provision: power pursuant to section exercised (16.06.2000) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Satellite Earth Stations For Satellite Personal Communication Systems Operating in Bands Below 1 Ghz (S-Pcs1 Ghz)) Order 2000 (S.I. No. 173 of 2000); section repealed as per F-note above.<\/p>\n<p>E14<br \/>\nPrevious affecting provision: power pursuant to section exercised (23.12.1999) by Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999); section repealed as per F-note above.<\/p>\n<p>E15<br \/>\nPrevious affecting provision: power pursuant to section exercised (8.11.1999) by Wireless Telegraphy (Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 348 of 1999); section repealed as per F-note above.<\/p>\n<p>E16<br \/>\nPrevious affecting provision: power pursuant to section exercised (8.11.1999) by Wireless Telegraphy (Carrigaline Uhf Television Programme Retransmission) Regulations 1999 (S.I. No. 347 of 1999); section repealed as per F-note above.<\/p>\n<p>E17<br \/>\nPrevious affecting provision: power pursuant to section exercised (10.09.1999) by Wireless Telegraphy (Fixed Wireless Point To Multi-Point Access Licence) Regulations 1999 (S.I. No. 287 of 1999); section repealed as per F-note above.<\/p>\n<p>E18<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (ii) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 110 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E19<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat Mini-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 109 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E20<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ermes Paging Receivers) Order 1999 (S.I. No. 108 of 1999); section repealed as per F-note above.<\/p>\n<p>E21<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Dcs 1800 Mobile Terminals) Order 1999 (S.I. No. 107 of 1999); section repealed as per F-note above.<\/p>\n<p>E22<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Mssat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 106 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E23<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Ems-Prodat Terminals For Land Mobile Applications) Order 1999 (S.I. No. 105 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E24<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of (i) Arcanet Suitcase Terminals) Order 1999 (S.I. No. 104 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E25<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Omnitracs Terminals For The Euteltracs System) Order 1999 (S.I. No. 103 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E26<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-M Terminals For Land Mobile Applications) Order 1999 (S.I. No. 102 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E27<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-C Terminals For Land Mobile Applications) Order 1999 (S.I. No. 101 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E28<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.04.1999) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Inmarsat-D Terminals For Land Mobile Applications) Order 1999 (S.I. No. 100 of 1999); revoked (13.08.2001) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Certain Classes of Land Mobile Earth Stations) Order 2001 (S.I. No. 398 of 2001), art. 3 and sch. 1.<\/p>\n<p>E29<br \/>\nPrevious affecting provision: power pursuant to section exercised (25.03.1999) by Wireless Telegraphy (Programme Services Distribution) Regulations 1999 (S.I. No. 73 of 1999); revoked (5.11.2003) by Wireless Telegraphy (Multipoint Microwave Distribution System) Regulations 2003 (S.I. No. 529 of 2003), reg. 21.<\/p>\n<p>E30<br \/>\nPrevious affecting provision: power pursuant to section exercised (11.11.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Citizens&#8217; Band (Cb) Radios) Order 1998 (S.I. No. 436 of 1998); section repealed as per F-note above.<\/p>\n<p>E31<br \/>\nPrevious affecting provision: power pursuant to section exercised (24.06.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Satellite Earth Stations For Satellite Personal Communication Services (S-Pcs)) Order 1998 (S.I. No. 214 of 1998); section repealed as per F-note above.<\/p>\n<p>E32<br \/>\nPrevious affecting provision: reference in subsection (10) construed (8.04.1998) by European Communities (Telecommunications Licences) Regulations 1998 (S.I. No. 96 of 1998); section repealed as per F-note above.<\/p>\n<p>E33<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.04.1998) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Short Range Business Radios) Order 1998 (S.I. No. 93 of 1998); section repealed as per F-note above.<\/p>\n<p>E34<br \/>\nPrevious affecting provision: power pursuant to section exercised (21.11.1997) by Wireless Telegraphy (Gsm and Tacs Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997); section repealed as per F-note above.<\/p>\n<p>E35<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Cordless Telephones) Order 1997 (S.I. No. 410 of 1997); section repealed as per F-note above.<\/p>\n<p>E36<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.10.1997) by Wireless Telegraphy Act 1926 (Section 3) (Exemption of Mobile Telephones) Order 1997 (S.I. No. 409 of 1997); section repealed as per F-note above.<\/p>\n<p>Section 5<br \/>\nStaff and other resources.<\/p>\n<p>5.\u2014F6[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F6<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E37<br \/>\nPrevious affecting provision: functions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9; section repealed as per F-note above. The transfer of functions appears to have been made after repeal of the section.<\/p>\n<p>Section 6<br \/>\nLevies and fees.<\/p>\n<p>6.\u2014F7[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F7<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E38<br \/>\nPrevious affecting provision: power pursuant to section exercised (29.11.2002 for period 1.07.2002 to 30.06.2003) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 3 Order 2002 (S.I. No. 549 of 2002); revoked (1.01.2004) by Communications Regulation Act 2002 (Section 30) Postal Levy Order 2003 (S.I. No. 733 of 2003), reg. 9.<\/p>\n<p>E39<br \/>\nPrevious affecting provision: power pursuant to section exercised (24.10.2001 for period 1.07.2001 to 31.12.2001) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy No. 2 Order 2001 (S.I. No. 474 of 2001); section revoked as per F-note above.<\/p>\n<p>E40<br \/>\nPrevious affecting provision: power pursuant to section exercised (22.06.2001 for year ending 30.06.2001) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Postal Levy Order 2001 (S.I. No. 282 of 2001); section revoked as per F-note above.<\/p>\n<p>E41<br \/>\nPrevious affecting provision: section amended (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000), re. 4(2)(a); section repealed as per F-note above.<\/p>\n<p>E42<br \/>\nPrevious affecting provision: subs. (7) inserted (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S.I. No. 310 of 2000), re. 4(2)(b); section repealed as per F-note above.<\/p>\n<p>E43<br \/>\nPrevious affecting provision: power pursuant to section exercised (29.06.1998) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Amendment Order 1998 (S.I. No. 229 of 1998); section repealed as per F-note above.<\/p>\n<p>E44<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.04.1998) by Telecommunications (Miscellaneous Provisions) Act 1996 (Section 6) Levy Order 1998 (S.I. No. 43 of 1998), in effect as per art. 1(2); revoked (25.07.2003) by Communications Regulation Act 2002 (Section 30) Levy Order 2003 (S.I. No. 346 of 2003), reg. 9, in effect as per art. 1(2).<\/p>\n<p>Section 7<\/p>\n<h4>Tariff regulation.<\/h4>\n<p>7.\u2014(1) In this section\u2014<\/p>\n<p>\u201cbasket of telecommunications services\u201d means any telecommunications service or a grouping of such services as prescribed by order made from time to time by F8[the Commission] in accordance with this Act for the purpose of regulating charges for those services;<\/p>\n<p>\u201cprice cap\u201d means an overall limit on the annual percentage change in charges that can be imposed for any basket of telecommunications services, provided by any provider of telecommunications services, which is calculated in accordance with the following formula:<\/p>\n<p>\u201coverall limit\u201d = (\u0394 CPI) \u2014 X, where:<\/p>\n<p>\u201c(\u0394 CPI)\u201d means the annual percentage change in the CPI;<\/p>\n<p>\u201cCPI\u201d means the consumer price index number as compiled by the Central Statistics Office;<\/p>\n<p>\u201cX\u201d means the adjustment specified by F8[the Commission];<\/p>\n<p>\u201ctelecommunications service\u201d includes\u2014<\/p>\n<p>(a) any communication service or combination of such services of any kind, whether delivered by wire, radio, fibre optics or any other means, and<\/p>\n<p>(b) all connections, equipment, facilities, apparatus or other delivery or receipt mechanisms within a connected system or network or individually operated to furnish such services or the making available of such connections, equipment, facilities, apparatus or other delivery or receipt mechanisms individually or collectively.<\/p>\n<p>(2) Subject to subsection (3), F8[the Commission] may make an order specifying\u2014<\/p>\n<p>(a) a price cap in respect of one or more than one basket of telecommunications services, and<\/p>\n<p>(b) any restrictions or adjustments that may apply to each such basket or baskets or to the price cap formula concerned.<\/p>\n<p>(3) An order under this section shall not be made unless F8[the Commission] is of the opinion that\u2014<\/p>\n<p>(a) there is no competition in the market for the supply of the telecommunications services concerned, or<\/p>\n<p>(b) the provider of the telecommunications services concerned holds a dominant position in the market for the supply of those services.<\/p>\n<p>(4) For the purposes of this section, F8[the Commission] may request in writing a provider of telecommunications services to provide information to him or her about the services provided by that provider.<\/p>\n<p>(5) F9[\u2026]<\/p>\n<p>(6) F9[\u2026]<\/p>\n<p>(7) F9[\u2026]<\/p>\n<p>(8) For the avoidance of doubt, where the value of a price cap is negative that value shall represent the minimum percentage reduction which shall take place in charges that can be imposed for any basket of telecommunications services provided by any provider of telecommunications services.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F8<br \/>\nSubstituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 4(2) and sch. 1 part 10, item 2(a), S.I. No. 224 of 2007.<\/p>\n<p>F9<br \/>\nRepealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 4(2) and sch. 1 part 10, item 2(b), S.I. No. 224 of 2007.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C3<br \/>\nFunctions under section (other than subs. (5)) transferred from the Director to the Commission (15.05.2007) by Communications Regulation Act 2002 (20\/2002), s. 9 and sch. 1 part 1 item 9, as substituted by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 18, S.I. No. 224 of 2007.<\/p>\n<h4>Transfer of functions.<\/h4>\n<p>9.\u2014(1) On the establishment day there is transferred to the Commission the functions of the Director by or under\u2014<\/p>\n<p>(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<\/p>\n<p>&#8230;<\/p>\n<p>(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.<\/p>\n<p>[SCHEDULE 1<\/p>\n<p>Related Enactments for the Purposes of this Act<\/p>\n<p>PART 1<\/p>\n<p>Acts<\/p>\n<p>&#8230;<\/p>\n<p>(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).<\/p>\n<p>&#8230;]<\/p>\n<p>Editorial Notes:<\/p>\n<p>E45<br \/>\nPower pursuant to subs. (2) exercised (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), in effect as per art. 1(2), subject to transitional provision in art. 4.<\/p>\n<p>E46<br \/>\nPrevious affecting provision: power pursuant to subs. (2) exercised (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), in effect as per art. 1(2); revoked (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), art. 3, in effect as per art. 1(2), subject to transitional provision in art. 4.<\/p>\n<p>E47<br \/>\nPrevious affecting provision: power pursuant to subs. (5) exercised (1.01.2000) by Telecommunications Tariff Regulation (Modification) Order 1999 (S.I. No. 438 of 1999), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(3).<\/p>\n<p>E48<br \/>\nPrevious affecting provision: directions for carrying out functions under section provided (25.03.1999) by European Communities (Voice Telephony and Universal Service) Regulations 1999 (S.I. No. 71 of 1999), reg. 8(3); revoked (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), reg. 38(3)(g), in effect as per reg. 1(2).<\/p>\n<p>E49<br \/>\nPrevious affecting provision: power pursuant to section exercised (1.01.1997) by Telecommunications Tariff Regulation Order 1996 (S.I. No. 393 of 1996), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(4).<\/p>\n<p>Section 8<\/p>\n<h4>Issue of shares, etc.<\/h4>\n<p>8.\u2014(1) Notwithstanding any provision of the Principal Act\u2014<\/p>\n<p>(a) F10[\u2026]<\/p>\n<p>F11[(aa) The Minister may not dispose of any shares in the company other than as provided for in subsection (3)(a) without the general principles of the sale being laid before and approved by D\u00e1il \u00c9ireann.]<\/p>\n<p>(b) subject to subsection (2), the Minister or the Minister for Finance may buy, sell or otherwise transfer shares in the company.<\/p>\n<p>(2) (a) F10[\u2026]<\/p>\n<p>(b) The Minister or the Minister for Finance may subscribe for further shares in the company to an amount not exceeding \u00a3100,000,000.<\/p>\n<p>(c) All moneys required by the Minister for Finance or by the Minister with the consent of the Minister for Finance to meet sums payable by those Ministers in accordance with this section shall be paid out of the Central Fund or the growing produce thereof.<\/p>\n<p>(3) F10[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F10<br \/>\nRepealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 3(1) and sch. 1, S.I. No. 87 of 1999.<\/p>\n<p>F11<br \/>\nInserted (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 2, S.I. No. 87 of 1999.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C4<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9, and subject to the repeal of subss. (1)(a), (2)(a) and (3) as per F-note above.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 34 of 1996<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act 1996<\/p>\n<p>Sections 5, 8 (1)(b), 8(2)(a), (b) and (c), 8(3)(b), 9(1), (2)(b) and (3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Section 9<\/p>\n<p>Miscellaneous agreements.<\/p>\n<p>9.\u2014(1) F12[Subject to subsection (2), the Minister with the consent of the Minister for Finance may enter into one or more agreements in connection with the sale or issue of equity in the company or enter into one or more agreements in connection with both the sale and issue of equity in the company.]<\/p>\n<p>(2) Any agreement entered into pursuant to subsection (1) may include\u2014<\/p>\n<p>(a) provisions relating to\u2014<\/p>\n<p>(i) amendments to the memorandum and articles of association of the company,<\/p>\n<p>(ii) directors,<\/p>\n<p>(iii) shareholders,<\/p>\n<p>(iv) voting rights,<\/p>\n<p>(v) dividend policy,<\/p>\n<p>(vi) investments,<\/p>\n<p>(vii) representations, warranties and indemnities, and<\/p>\n<p>(viii) restrictions on the alienability of shares;<\/p>\n<p>and<\/p>\n<p>(b) such other matters as the Minister with the consent of the Minister for Finance may from time to time consent to F13[, including customary provisions contained in an underwriting agreement].<\/p>\n<p>(3) F14[Section 60 of the Companies Act, 1963, shall not apply to any representation made or warranty or indemnity given by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963), or any financial obligations undertaken in relation thereto by the company, in connection with the issue by the company or the sale or transfer by any shareholder of shares in the company pursuant to an agreement under subsection (1) entered into by the Minister, with the consent of the Minister for Finance.]<\/p>\n<p>F15[(4) Notwithstanding subsection (13)(b) of section 60 of the Companies Act, 1963, section 60 of that Act shall not apply to the provision, whether directly or indirectly, by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963) of money or a financial arrangement including a loan, guarantee, the provision of security or otherwise in connection with the purchase of, or subscription for, shares in the company by an employee share ownership trust established by the company, or the transfer thereto of such shares, irrespective of whether or not all or a portion of such shares are pledged as security or otherwise to any third party.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F12<br \/>\nSubstituted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 9(a), S. I. No. 87 of 1999.<\/p>\n<p>F13<br \/>\nInserted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 9(b), S. I. No. 87 of 1999.<\/p>\n<p>F14<br \/>\nSubstituted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 9(c), S. I. No. 87 of 1999.<\/p>\n<p>F15<br \/>\nInserted (3.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 9(c), S. I. No. 87 of 1999.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nFunctions transferred and references to \u201cDepartment of Finance\u201d and \u201cMinister for Finance\u201d construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.<\/p>\n<p>2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.<\/p>\n<p>(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.<\/p>\n<p>3. The functions conferred on the Minister for Finance by or under the provisions of \u2014<\/p>\n<p>(a) the enactments specified in Schedule 1, and<\/p>\n<p>(b) the statutory instruments specified in Schedule 2,<\/p>\n<p>are transferred to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.<\/p>\n<p>&#8230;<\/p>\n<p>Schedule 1<\/p>\n<p>Enactments<\/p>\n<p>&#8230;<\/p>\n<p>Part 2<\/p>\n<p>1922 to 2011 Enactments<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Provision<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>No. 34 of 1996<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act 1996<\/p>\n<p>Sections 5, 8 (1)(b), 8(2)(a), (b) and (c), 8(3)(b), 9(1), (2)(b) and (3)<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Section 10<br \/>\nEmployee directors.<\/p>\n<p>10.\u2014F16[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nRepealed (9.04.1999) by Postal and Telecommunications Services (Amendment) Act 1999 (5\/1999), s. 3(1) and sch. 1, S.I. No. 87 of 1999, subject to transitional provision in subs. (6).<\/p>\n<p>Editorial Notes:<\/p>\n<p>E50<br \/>\nPrevious affecting provision: power pursuant to subs. (3) exercised (20.12.1996) by Telecommunications (Miscellaneous Provisions) Act 1996 (Expiration of Terms of Office) Order 1996 (S.I. No. 409 of 1996); section repealed as per F-note above.<\/p>\n<p>Section 11<br \/>\nAmendment of Principal Act.<\/p>\n<p>11.\u2014F17[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F17<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002, art. 2.<\/p>\n<p>Section 12<\/p>\n<h4>Authorised officers.<\/h4>\n<p>F18[12.\u2014(1) The Commission may appoint persons to be authorised officers for the purposes of this section.<\/p>\n<p>(2) The Commission shall provide each person appointed under subsection (1) with a certificate of appointment.<\/p>\n<p>(3) When exercising a power conferred by this section, an authorised officer shall, if asked to do so by the person in relation to whom the power is being exercised, produce the certificate to the person for inspection.<\/p>\n<p>(4) For the purposes of obtaining information necessary for the performance of the Commission\u2019s functions under this Act, an authorised officer may do all or any of the following:<\/p>\n<p>(a) enter at any time the premises of a provider of telecommunications services for the purpose of exercising powers conferred by this section;<\/p>\n<p>(b) require any provider of telecommunications services to produce records relating to the provision of telecommunications services that are within the provider\u2019s power or control and to provide the officer with such information as the officer may reasonably require in relation to any entries in the records;<\/p>\n<p>(c) inspect or take copies of any such records or any of their contents;<\/p>\n<p>(d) require a provider of telecommunications services mentioned in paragraph (a) to provide the officer with such information as the officer may reasonably require with respect to the provision of telecommunications services;<\/p>\n<p>(e) make such inspections, tests and measurements of machinery, apparatus and other equipment on the premises as the officer considers appropriate. ]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F18<br \/>\nSubstituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22\/2007), s. 4(2) and sch. 1 part 10, item 3, S.I. No. 224 of 2007.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E51<br \/>\nPrevious affecting provisions: section repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002; superseded as per F-note above.<\/p>\n<p>E52<br \/>\nPrevious affecting provision: section amended (27.09.2000) by European Communities (Postal Services) Regulations 2000 (S. I. No. 310 of 2000), reg. 4(2)(c); section repealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>E53<br \/>\nPrevious affecting provision: application of section extended (31.07.1997) by European Communities (Telecommunications Infrastructure) Regulations 1997 (S. I. No. 338 of 1997), reg. 9(3); section repealed (1.12.2002) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Section 13<\/p>\n<h4>Offences.<\/h4>\n<p>13.\u2014F19[(1) A person who fails to comply with\u2014<\/p>\n<p>(a) an order under section 7(2), or<\/p>\n<p>(b) a request under section 7(4),<\/p>\n<p>is guilty of an offence.<\/p>\n<p>(2) A person guilty of an offence under this section is liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u20ac3,000, or<\/p>\n<p>(b) on conviction on indictment, to a fine not exceeding \u20ac1,000,000.]<\/p>\n<p>(3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Director.<\/p>\n<p>(5) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be brought within 12 months from the date of the offence.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nSubstituted (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 46, S.I. No. 510 of 2002.<\/p>\n<p>Section 14<br \/>\nRepeals.<\/p>\n<p>14.\u2014F20[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Section 15<br \/>\nLaying of orders,<\/p>\n<p>15.\u2014Every order made under this Act (other than an order made under section 7 or under section 17 (2)) shall, as soon as may be after it is made, be laid before each of the Houses of the Oireachtas and if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything done thereunder.<\/p>\n<p>Section 16<br \/>\nExpenses.<\/p>\n<p>16.\u2014The expenses incurred by the Minister 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.<\/p>\n<p>Section 17<br \/>\nShort title and commencement.<\/p>\n<p>17.\u2014(1) This Act may be cited as the Telecommunications (Miscellaneous Provisions) Act, 1996.<\/p>\n<p>(2) Subject to subsection (3), this Act shall come into operation on such day or days as, by order or orders of the Minister under this section, may be appointed therefor either generally or with reference to any particular purpose or provision, and different days may also be appointed for different purposes and different provisions of this Act.<\/p>\n<p>(3) This Act shall come into operation 90 days following its passing unless an order or orders has or have been made under subsection (2).<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E54<br \/>\nPower pursuant to section exercised (30.06.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 3) Order 1997 (S.I. No. 110 of 1997), art. 3.<\/p>\n<p>3. The 30th day of June, 1997, is hereby appointed as the day on which sections 3, 4, 5, 6, 12, 13 (1) (paragraphs (a), (d) and (e)) and (4), 14 (1) (in respect of the provisions of the Wireless Telegraphy Act, 1926, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.<\/p>\n<p>E55<br \/>\nPower pursuant to section exercised (10.03.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 2) Order 1997 (S.I. No. 109 of 1997), art. 3.<\/p>\n<p>3. The 10th day of March, 1997, is hereby appointed as the day on which section 2 and the First Schedule of the Act shall come into operation.<\/p>\n<p>E56<br \/>\nPower pursuant to section exercised (7.02.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) Order 1997 (S.I. No. 72 of 1997), art. 3.<\/p>\n<p>3. The 7th day of February, 1997, is hereby appointed as the day on which section 14 (2) of the Act shall come into operation.<\/p>\n<p>E57<br \/>\nPower pursuant to section exercised (19.12.1996) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) (No. 2) Order 1996 (S.I. No. 402 of 1996), art. 3.<\/p>\n<p>3. The 19th day of December, 1996, is hereby appointed as the day on which sections 8, 9, 10(4) to (11) and 14(1)(other than the provisions of the Wireless Telegraphy Act, 1926, and sections 46(10) and 90(2) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.<\/p>\n<p>E58<br \/>\nPower pursuant to section exercised (16.12.1996 and 1.01.1997) by Telecommunications (Miscellaneous Provisions) Act, 1996 (Commencement) Order 1996 (S.I. No. 385 of 1996), arts. 3 and 4.<\/p>\n<p>3. The 16th day of December, 1996, is hereby appointed as the day on which sections 1,7, 10(1), (2) and (3), 11, 13(1)(other than paragraphs (a), (d) and (e)), (2), (3) and (5), 14(1)(in respect of section 46(10) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act), 15, 16 and 17 of the Act shall come into operation.<\/p>\n<p>4. The 1st day of January, 1997, is hereby appointed as the day on which section 14(1)(in respect of section 90(2) of the Postal and Telecommunications Services Act, 1983, mentioned in column (3) of Part I of the Third Schedule to the Act) of the Act shall come into operation.<\/p>\n<p>Schedule 1<br \/>\nFIRST SCHEDULE<\/p>\n<p>Office of Director of Telecommunications Regulation<\/p>\n<p>Section 2.<\/p>\n<p>F21[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F21<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nSchedule amended (6.10.2004) by Public Service Management (Recruitment and Appointments) Act 2004 (33\/2004), s. 61 and sch. 2, part 1, commenced on enactment; schedule previously repealed as per F-note above.<\/p>\n<p>Repeals, revocations and amendments.<\/p>\n<p>61.\u2014(1) The Acts referred to in the first and second columns of Part 1 of Schedule 2 are amended or repealed to the extent specified in the third column of that Part opposite the references to the Act concerned.<\/p>\n<p>PART 1<\/p>\n<p>Repeals and Amendments to Acts<\/p>\n<p>Number and Year<\/p>\n<p>Short Title<\/p>\n<p>Amendment<\/p>\n<p>No. 34 of 1996<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act 1996<\/p>\n<p>First Schedule:<\/p>\n<p>In paragraph 11, to delete \u201cthe Civil Service Commissioners Act, 1956,\u201d and substitute \u201cPublic Service Management (Recruitment and Appointments) Act 2004\u201c.<\/p>\n<p>Schedule 2<br \/>\nSECOND SCHEDULE<\/p>\n<p>Transfer of Functions from Minister to Director<\/p>\n<p>Section 4 (2).<\/p>\n<p>Sch. 2, Part I<br \/>\nPART I<\/p>\n<p>Acts under which Functions are Transferred<\/p>\n<p>F22[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F22<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Sch. 2, Part II<br \/>\nPART II<\/p>\n<p>Statutory Instruments under which Functions are Transferred<\/p>\n<p>F22[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Schedule 3<br \/>\nTHIRD SCHEDULE<\/p>\n<p>Repeals<\/p>\n<p>Section 14.<\/p>\n<p>Sch. 3, Part I<br \/>\nPART I<\/p>\n<p>F24[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Sch. 3, Part II<br \/>\nPART II<\/p>\n<p>F24[\u2026]<br \/>\nAnnotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nRepealed (1.12.2002, establishment day) by Communications Regulation Act 2002 (20\/2002), s. 38, S.I. No. 510 of 2002.<\/p>\n<p>Acts Referred to<\/p>\n<p>Broadcasting Act, 1990<\/p>\n<p>1990, No. 24<\/p>\n<p>Broadcasting and Wireless Telegraphy Act, 1988<\/p>\n<p>1988, No. 19<\/p>\n<p>Broadcasting Authority Act, 1960<\/p>\n<p>1960, No. 10<\/p>\n<p>Broadcasting Authority (Amendment) Act, 1976<\/p>\n<p>1976, No. 37<\/p>\n<p>Civil Service Commissioners Act, 1956<\/p>\n<p>1956, No. 45<\/p>\n<p>Civil Service Regulation Acts, 1956 and 1958<\/p>\n<p>Companies Act, 1963<\/p>\n<p>1963, No. 33<\/p>\n<p>Companies Acts, 1963 to 1990<\/p>\n<p>European Assembly Elections Act, 1977<\/p>\n<p>1977, No. 30<\/p>\n<p>European Parliament Elections Act, 1993<\/p>\n<p>1993, No. 30<\/p>\n<p>Finance Act, 1985<\/p>\n<p>1985, No. 10<\/p>\n<p>Irish Aviation Authority Act, 1993<\/p>\n<p>1993, No. 29<\/p>\n<p>Petty Sessions (Ireland) Act, 1851<\/p>\n<p>14 &amp; 15 Vict., c. 93<\/p>\n<p>Postal and Telecommunications Services Act, 1983<\/p>\n<p>1983, No. 24<\/p>\n<p>Public Offices Fees Act, 1879<\/p>\n<p>1879, c. 58<\/p>\n<p>Radio and Television Act, 1988<\/p>\n<p>1988, No. 20<\/p>\n<p>Wireless Telegraphy Act, 1926<\/p>\n<p>1926, No. 45<\/p>\n<p>Wireless Telegraphy Act, 1972<\/p>\n<p>1972, No. 5<\/p>\n<p>Worker Participation (State Enterprises) Act, 1977<\/p>\n<p>1977, No. 6<\/p>\n<p>Worker Participation (State Enterprises) Acts, 1977 and 1988<\/p>\n<p>&nbsp;<\/p>\n<h2>POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND THE TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT, 1996, TO REPEAL CERTAIN PROVISIONS OF THOSE ACTS AND TO PROVIDE FOR RELATED MATTERS. [7th April, 1999]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1983\u201d means the Postal and Telecommunications Services Act, 1983 ;<\/p>\n<p>\u201cAct of 1996\u201d means the Telecommunications (Miscellaneous Provisions) Act, 1996 ;<\/p>\n<p>\u201ccompany\u201d means Bord Telecom \u00e9ireann p.l.c.;<\/p>\n<p>\u201cMinister\u201d means the Minister for Public Enterprise.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a section or Schedule is to a section of or Schedule to this Act, unless it is indicated that reference to some other provision is intended,<\/p>\n<p>(b) a reference to a subsection is to a subsection of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and<\/p>\n<p>(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act.<\/p>\n<p>Amendment of section 8 of Act of 1996.<\/p>\n<p>2.\u2014Section 8(2) of the Act of 1996 is hereby amended by the insertion after paragraph (a) of the following paragraph:<\/p>\n<p>\u201c(aa) The Minister may not dispose of any shares in the company other than as provided for in subsection (3)(a) without the general principles of the sale being laid before and approved by D\u00e1il \u00e9ireann.\u201d.<\/p>\n<p>Repeals.<\/p>\n<p>3.\u2014(1) The enactments mentioned in column (2) of the First Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.<\/p>\n<p>(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.<\/p>\n<h4>Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .<\/h4>\n<p>4.\u2014(1) Notwithstanding the repeal by this Act of subsections (1), (2), (3), (6) and (7) of section 46 of the Act of 1983, in so far as those provisions apply to the company, a scheme prepared, submitted and carried out in accordance with that section, in respect of the company, shall continue in force and may be amended or revoked in accordance with the articles of association of the company.<\/p>\n<p>(2) Notwithstanding the repeal by this Act of section 90 of the Act of 1983, in so far as that provision applies to the company, a scheme made under that section shall continue in force and, subject to any enactment or provision of law, may be amended or revoked by the company.<\/p>\n<h4>Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .<\/h4>\n<p>5.\u2014Section 46 of the Act of 1983 is hereby amended\u2014<\/p>\n<p>(a) by the substitution for subsection (4) of the following subsections:<\/p>\n<p>\u201c(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who are or were members of the staff of the postal company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.<\/p>\n<p>(4A) Every scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of\u2014<\/p>\n<p>(a) persons who are or were members of the staff of the telecommunications company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs, or<\/p>\n<p>(b) those persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify,<\/p>\n<p>shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (5), by the substitution for \u201cwho, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs\u201d of \u201creferred to in subsections (4) and (4A)\u201d and the subsection as so amended is set out in the Table to this paragraph.<\/p>\n<p>TABLE<\/p>\n<p>(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons referred to in subsections (4) and (4A) shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.<\/p>\n<p>Employee directors.<\/p>\n<p>6.\u2014(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply to Bord Telecom \u00e9ireann p.l.c.<\/p>\n<p>(2) Notwithstanding subsection (1) and the repeal by this Act of section 10 of the Act of 1996, the term of office of any employee director appointed in accordance with the Worker Participation (State Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed under the said section 10 and servicing upon the commencement of this section shall continue until such date as may be specified by the Minister.<\/p>\n<h4>Application to all licenced operators of certain provisions.<\/h4>\n<p>7.\u2014(1) A reference to the company or to Bord Telecom \u00e9ireann, as the case may be, in section 13 of the Post Office (Amendment) Act, 1951 , sections 52(2), 96(d), 98, 99 and 110 of the Act of 1983, section 7 of the Broadcasting and Wireless Telegraphy Act, 1988 , and in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 shall be construed as a reference to \u201ca licensed operator\u201d.<\/p>\n<p>(2) Section 110 of the Act of 1983 shall, in respect of the company and a licensed operator, apply only for the purposes of section 98 of the Act of 1983 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 .<\/p>\n<p>(3) In this section \u201clicensed operator\u201d means the company or any person licensed under subsection (2) or (3) of section 111 of the Act of 1983.<\/p>\n<p>Expenses.<\/p>\n<p>8.\u2014Money required by the Minister to meet sums payable by the Minister in respect of the sale of shares of the company shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the moneys provided by the Oireachtas.<\/p>\n<p>Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .<\/p>\n<p>9.\u2014Section 9 of the Act of 1996 is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) Subject to subsection (2), the Minister with the consent of the Minister for Finance may enter into one or more agreements in connection with the sale or issue of equity in the company or enter into one or more agreements in connection with both the sale and issue of equity in the company.\u201d,<\/p>\n<p>(b) in subsection (2)(b), after \u201cfrom time to time consent to\u201d by the insertion of \u201c, including customary provisions contained in an underwriting agreement\u201d, and<\/p>\n<p>(c) by the substitution for subsection (3) of the following subsections:<\/p>\n<p>\u201c(3) Section 60 of the Companies Act, 1963 , shall not apply to any representation made or warranty or indemnity given by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ), or any financial obligations undertaken in relation thereto by the company, in connection with the issue by the company or the sale or transfer by any shareholder of shares in the company pursuant to an agreement under subsection (1) entered into by the Minister, with the consent of the Minister for Finance.<\/p>\n<p>(4) Notwithstanding subsection (13)(b) of section 60 of the Companies Act, 1963 , section 60 of that Act shall not apply to the provision, whether directly or indirectly, by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ) of money or a financial arrangement including a loan, guarantee, the provision of security or otherwise in connection with the purchase of, or subscription for, shares in the company by an employee share ownership trust established by the company, or the transfer thereto of such shares, irrespective of whether or not all or a portion of such shares are pledged as security or otherwise to any third party.\u201d.<\/p>\n<h3>Non-application of certain Acts.<\/h3>\n<p>10.\u2014The Ombudsman Act, 1980 , the Ethics in Public Office Act, 1995 , the Prompt Payment of Accounts Act, 1997 , and section 521 of the Taxes Consolidation Act, 1997 , shall not apply to the company.<\/p>\n<p>Short title, commencement and collective citation.<\/p>\n<p>11.\u2014(1) This Act may be cited as the Postal and Telecommunications Services (Amendment) Act, 1999.<\/p>\n<p>(2) This Act shall come into operation on such day or days as, by order of the Minister under this section, may be appointed therefor either generally or with reference to any particular purpose or provision, and different days may also be appointed for different purposes and different provisions of this Act.<\/p>\n<p>(3) The Postal and Telecommunications Services Acts, 1983 and 1984, sections 4 , 5 and 7 and, in so far as they relate to that section, section 1 and this section may be cited together as the Postal and Telecommunications Services Acts, 1983 to 1999.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Section 3(1).<\/p>\n<p>Number and Year<\/p>\n<p>Short Title of Act<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 24 of 1983.<\/p>\n<p>Postal and Telecommunications Services Act, 1983 .<\/p>\n<p>In section 3, the words \u201cor by the telecommunications company under section 98\u201d.<\/p>\n<p>In section 5(1), the words \u201cor the telecommunications company, as the case may require\u201d.<\/p>\n<p>Section 5(3) and (5).<\/p>\n<p>Section 10(1)(b).<\/p>\n<p>Section 19(2).<\/p>\n<p>Section 27(1)(c).<\/p>\n<p>Section 40(4).<\/p>\n<p>Section 88(3).<\/p>\n<p>Section 90.<\/p>\n<p>Section 91.<\/p>\n<p>Section 92.<\/p>\n<p>In section 95(4) the words \u201cby the company\u201d.<\/p>\n<p>Section 98(3).<\/p>\n<p>No. 34 of 1996.<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act, 1996 .<\/p>\n<p>Section 8(1)(a). Section 8(2)(a).<\/p>\n<p>Section 8(3).<\/p>\n<p>Section 10.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 3(2).<\/p>\n<p>Number and Year<\/p>\n<p>Short Title of Act<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 24 of 1983.<\/p>\n<p>Postal and Telecommunications Services Act, 1983 .<\/p>\n<p>Section 8(2).<\/p>\n<p>Section 10(2).<\/p>\n<p>Section 11.<\/p>\n<p>Section 19(3).<\/p>\n<p>Section 22.<\/p>\n<p>Section 24.<\/p>\n<p>Section 27.<\/p>\n<p>Section 28.<\/p>\n<p>Section 30.<\/p>\n<p>Section 32.<\/p>\n<p>Section 33.<\/p>\n<p>Section 37.<\/p>\n<p>Section 38.<\/p>\n<p>Section 39(3).<\/p>\n<p>Section 46(1), (2), (3), (6), (7), (9) and (11).<\/p>\n<p>Section 51.<\/p>\n<h2>POSTAL AND TELECOMMUNICATIONS SERVICES (AMENDMENT) ACT, 1999<\/h2>\n<p>AN ACT TO AMEND AND EXTEND THE POSTAL AND TELECOMMUNICATIONS SERVICES ACT, 1983, AND THE TELECOMMUNICATIONS (MISCELLANEOUS PROVISIONS) ACT, 1996, TO REPEAL CERTAIN PROVISIONS OF THOSE ACTS AND TO PROVIDE FOR RELATED MATTERS. [7th April, 1999]<\/p>\n<p>BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:<\/p>\n<h4>Interpretation.<\/h4>\n<p>1.\u2014(1) In this Act, except where the context otherwise requires\u2014<\/p>\n<p>\u201cAct of 1983\u201d means the Postal and Telecommunications Services Act, 1983 ;<\/p>\n<p>\u201cAct of 1996\u201d means the Telecommunications (Miscellaneous Provisions) Act, 1996 ;<\/p>\n<p>\u201ccompany\u201d means Bord Telecom \u00e9ireann p.l.c.;<\/p>\n<p>\u201cMinister\u201d means the Minister for Public Enterprise.<\/p>\n<p>(2) In this Act\u2014<\/p>\n<p>(a) a reference to a section or Schedule is to a section of or Schedule to this Act, unless it is indicated that reference to some other provision is intended,<\/p>\n<p>(b) a reference to a subsection is to a subsection of the provision in which the reference occurs unless it is indicated that a reference to some other provision is intended, and<\/p>\n<p>(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act.<\/p>\n<h4>Amendment of section 8 of Act of 1996.<\/h4>\n<p>2.\u2014Section 8(2) of the Act of 1996 is hereby amended by the insertion after paragraph (a) of the following paragraph:<\/p>\n<p>\u201c(aa) The Minister may not dispose of any shares in the company other than as provided for in subsection (3)(a) without the general principles of the sale being laid before and approved by D\u00e1il \u00e9ireann.\u201d.<\/p>\n<p>Repeals.<\/p>\n<p>3.\u2014(1) The enactments mentioned in column (2) of the First Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.<\/p>\n<p>(2) The enactments mentioned in column (2) of the Second Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule in so far as they apply to the company.<\/p>\n<h4>Schemes under sections 46 and 90 of the Postal and Telecommunications Services Act, 1983 .<\/h4>\n<p>4.\u2014(1) Notwithstanding the repeal by this Act of subsections (1), (2), (3), (6) and (7) of section 46 of the Act of 1983, in so far as those provisions apply to the company, a scheme prepared, submitted and carried out in accordance with that section, in respect of the company, shall continue in force and may be amended or revoked in accordance with the articles of association of the company.<\/p>\n<p>(2) Notwithstanding the repeal by this Act of section 90 of the Act of 1983, in so far as that provision applies to the company, a scheme made under that section shall continue in force and, subject to any enactment or provision of law, may be amended or revoked by the company.<\/p>\n<p>Amendment of section 46 of the Postal and Telecommunications Services Act, 1983 .<\/p>\n<h3>5.\u2014Section 46 of the Act of 1983 is hereby amended\u2014<\/h3>\n<p>(a) by the substitution for subsection (4) of the following subsections:<\/p>\n<p>\u201c(4) Every scheme under this section shall provide for not less favourable conditions in respect of persons who are or were members of the staff of the postal company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs than those to which they were entitled immediately before the vesting day.<\/p>\n<p>(4A) Every scheme for the granting of pensions, gratuities and other allowances on retirement or death to or in respect of\u2014<\/p>\n<p>(a) persons who are or were members of the staff of the telecommunications company and who, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs, or<\/p>\n<p>(b) those persons who were members of the staff of the Department of Posts and Telegraphs and who retired or died before the vesting day as the Minister for Finance may specify,<\/p>\n<p>shall provide for not less favourable conditions in respect of those persons than those to which they were entitled immediately before the vesting day.\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in subsection (5), by the substitution for \u201cwho, immediately before the vesting day, were members of the staff of the Department of Posts and Telegraphs\u201d of \u201creferred to in subsections (4) and (4A)\u201d and the subsection as so amended is set out in the Table to this paragraph.<\/p>\n<p>TABLE<\/p>\n<p>(5) Disbursement of pensions, gratuities and other allowances which may be granted to or in respect of persons referred to in subsections (4) and (4A) shall not be on less favourable conditions than would apply if the benefits referred to had continued to be paid out of moneys provided by the Oireachtas.<\/p>\n<h4>Employee directors.<\/h4>\n<p>6.\u2014(1) The Worker Participation (State Enterprises) Acts, 1977 to 1993, shall not apply to Bord Telecom \u00e9ireann p.l.c.<\/p>\n<p>(2) Notwithstanding subsection (1) and the repeal by this Act of section 10 of the Act of 1996, the term of office of any employee director appointed in accordance with the Worker Participation (State Enterprises) Acts, 1977 to 1993, or of any director or alternate director appointed under the said section 10 and servicing upon the commencement of this section shall continue until such date as may be specified by the Minister.<\/p>\n<h4>Application to all licenced operators of certain provisions.<\/h4>\n<p>7.\u2014(1) A reference to the company or to Bord Telecom \u00e9ireann, as the case may be, in section 13 of the Post Office (Amendment) Act, 1951 , sections 52(2), 96(d), 98, 99 and 110 of the Act of 1983, section 7 of the Broadcasting and Wireless Telegraphy Act, 1988 , and in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 shall be construed as a reference to \u201ca licensed operator\u201d.<\/p>\n<p>(2) Section 110 of the Act of 1983 shall, in respect of the company and a licensed operator, apply only for the purposes of section 98 of the Act of 1983 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 .<\/p>\n<p>(3) In this section \u201clicensed operator\u201d means the company or any person licensed under subsection (2) or (3) of section 111 of the Act of 1983.<\/p>\n<p>Expenses.<\/p>\n<p>8.\u2014Money required by the Minister to meet sums payable by the Minister in respect of the sale of shares of the company shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the moneys provided by the Oireachtas.<\/p>\n<h4>Amendment of section 9 of the Telecommunications (Miscellaneous Provisions) Act, 1996 .<\/h4>\n<p>9.\u2014Section 9 of the Act of 1996 is hereby amended\u2014<\/p>\n<p>(a) by the substitution of the following subsection for subsection (1):<\/p>\n<p>\u201c(1) Subject to subsection (2), the Minister with the consent of the Minister for Finance may enter into one or more agreements in connection with the sale or issue of equity in the company or enter into one or more agreements in connection with both the sale and issue of equity in the company.\u201d,<\/p>\n<p>(b) in subsection (2)(b), after \u201cfrom time to time consent to\u201d by the insertion of \u201c, including customary provisions contained in an underwriting agreement\u201d, and<\/p>\n<p>(c) by the substitution for subsection (3) of the following subsections:<\/p>\n<p>\u201c(3) Section 60 of the Companies Act, 1963 , shall not apply to any representation made or warranty or indemnity given by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ), or any financial obligations undertaken in relation thereto by the company, in connection with the issue by the company or the sale or transfer by any shareholder of shares in the company pursuant to an agreement under subsection (1) entered into by the Minister, with the consent of the Minister for Finance.<\/p>\n<p>(4) Notwithstanding subsection (13)(b) of section 60 of the Companies Act, 1963 , section 60 of that Act shall not apply to the provision, whether directly or indirectly, by the company or any subsidiary thereof (within the meaning of section 155(1) of the Companies Act, 1963 ) of money or a financial arrangement including a loan, guarantee, the provision of security or otherwise in connection with the purchase of, or subscription for, shares in the company by an employee share ownership trust established by the company, or the transfer thereto of such shares, irrespective of whether or not all or a portion of such shares are pledged as security or otherwise to any third party.\u201d.<\/p>\n<h4>Non-application of certain Acts.<\/h4>\n<p>10.\u2014The Ombudsman Act, 1980 , the Ethics in Public Office Act, 1995 , the Prompt Payment of Accounts Act, 1997 , and section 521 of the Taxes Consolidation Act, 1997 , shall not apply to the company.<\/p>\n<p>Short title, commencement and collective citation.<\/p>\n<p>11.\u2014(1) This Act may be cited as the Postal and Telecommunications Services (Amendment) Act, 1999.<\/p>\n<p>(2) This Act shall come into operation on such day or days as, by order of the Minister under this section, may be appointed therefor either generally or with reference to any particular purpose or provision, and different days may also be appointed for different purposes and different provisions of this Act.<\/p>\n<p>(3) The Postal and Telecommunications Services Acts, 1983 and 1984, sections 4 , 5 and 7 and, in so far as they relate to that section, section 1 and this section may be cited together as the Postal and Telecommunications Services Acts, 1983 to 1999.<\/p>\n<p>FIRST SCHEDULE<\/p>\n<p>Section 3(1).<\/p>\n<p>Number and Year<\/p>\n<p>Short Title of Act<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 24 of 1983.<\/p>\n<p>Postal and Telecommunications Services Act, 1983 .<\/p>\n<p>In section 3, the words \u201cor by the telecommunications company under section 98\u201d.<\/p>\n<p>In section 5(1), the words \u201cor the telecommunications company, as the case may require\u201d.<\/p>\n<p>Section 5(3) and (5).<\/p>\n<p>Section 10(1)(b).<\/p>\n<p>Section 19(2).<\/p>\n<p>Section 27(1)(c).<\/p>\n<p>Section 40(4).<\/p>\n<p>Section 88(3).<\/p>\n<p>Section 90.<\/p>\n<p>Section 91.<\/p>\n<p>Section 92.<\/p>\n<p>In section 95(4) the words \u201cby the company\u201d.<\/p>\n<p>Section 98(3).<\/p>\n<p>No. 34 of 1996.<\/p>\n<p>Telecommunications (Miscellaneous Provisions) Act, 1996 .<\/p>\n<p>Section 8(1)(a). Section 8(2)(a).<\/p>\n<p>Section 8(3).<\/p>\n<p>Section 10.<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Section 3(2).<\/p>\n<p>Number and Year<\/p>\n<p>Short Title of Act<\/p>\n<p>Extent of Repeal<\/p>\n<p>(1)<\/p>\n<p>(2)<\/p>\n<p>(3)<\/p>\n<p>No. 24 of 1983.<\/p>\n<p>Postal and Telecommunications Services Act, 1983 .<\/p>\n<p>Section 8(2).<\/p>\n<p>Section 10(2).<\/p>\n<p>Section 11.<\/p>\n<p>Section 19(3).<\/p>\n<p>Section 22.<\/p>\n<p>Section 24.<\/p>\n<p>Section 27.<\/p>\n<p>Section 28.<\/p>\n<p>Section 30.<\/p>\n<p>Section 32.<\/p>\n<p>Section 33.<\/p>\n<p>Section 37.<\/p>\n<p>Section 38.<\/p>\n<p>Section 39(3).<\/p>\n<p>Section 46(1), (2), (3), (6), (7), (9) and (11).<\/p>\n<p>Section 51.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-19359\" data-postid=\"19359\" class=\"themify_builder_content themify_builder_content-19359 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Early Mobile Telephony The Department of Post and Telegraph made its first tentative plans for mobile telephony in the early 1980s. A number of alternative systems were available. The Department opted for the TACS system which was being developed in the United Kingdom. Eircell was launched in 1985. There were initially 1000 users with handsets [&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":[77],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19359"}],"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=19359"}],"version-history":[{"count":4,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19359\/revisions"}],"predecessor-version":[{"id":34352,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/19359\/revisions\/34352"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=19359"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=19359"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=19359"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}