{"id":2251,"date":"2021-08-28T21:10:15","date_gmt":"2021-08-28T21:10:15","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2251"},"modified":"2024-03-30T15:47:25","modified_gmt":"2024-03-30T15:47:25","slug":"premium-rate-services","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/premium-rate-services\/","title":{"rendered":"Premium Rate Services"},"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\/premium-rate-services\/#Premium_Rate_Services\" title=\"Premium Rate Services\">Premium Rate Services<\/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\/premium-rate-services\/#Code_on_Premium_Rate_Services\" title=\"Code on Premium Rate Services\">Code on Premium Rate Services<\/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\/premium-rate-services\/#Requirements_of_Promotions\" title=\"Requirements of Promotions\">Requirements of Promotions<\/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\/premium-rate-services\/#Information_for_User\" title=\"Information for User\">Information for User<\/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\/premium-rate-services\/#TV_and_Radio\" title=\"TV and Radio\">TV and Radio<\/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\/premium-rate-services\/#Promotional_Messages\" title=\"Promotional Messages\">Promotional Messages<\/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\/premium-rate-services\/#Particular_Services\" title=\"Particular Services\">Particular Services<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#COMMUNICATIONS_REGULATION_PREMIUM_RATE_SERVICES_AND_ELECTRONIC_COMMUNICATIONS_INFRASTRUCTURE_ACT_2010\" title=\"COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010\">COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010<\/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-9\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Definitions_Part_2\" title=\"Definitions (Part 2).\">Definitions (Part 2).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Function_of_Commission_to_regulate_premium_rate_services\" title=\"Function of Commission to regulate premium rate services.\">Function of Commission to regulate premium rate services.<\/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\/premium-rate-services\/2\/#Licence_to_provide_premium_rate_services\" title=\"Licence to provide premium rate services.\">Licence to provide premium rate services.<\/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\/premium-rate-services\/2\/#Regulations_specifying_conditions_attached_to_premium_rate_service_licence\" title=\"Regulations specifying conditions attached to premium rate service licence.\">Regulations specifying conditions attached to premium rate service licence.<\/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\/premium-rate-services\/2\/#Application_to_High_Court_for_immediate_suspension_of_licence_etc\" title=\"Application to High Court for immediate suspension of licence, etc.\">Application to High Court for immediate suspension of licence, 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\/premium-rate-services\/2\/#Investigation_to_ensure_compliance\" title=\"Investigation to ensure compliance.\">Investigation to ensure compliance.<\/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\/premium-rate-services\/2\/#Revocation_amendment_or_suspension_of_premium_rate_service_licence\" title=\"Revocation, amendment or suspension of premium rate service licence.\">Revocation, amendment or suspension of premium rate service licence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Right_of_appeal\" title=\"Right of appeal.\">Right of appeal.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Offence_%E2%80%94_prohibition_on_providing_premium_rate_service_without_licence\" title=\"Offence \u2014 prohibition on providing premium rate service without licence.\">Offence \u2014 prohibition on providing premium rate service without licence.<\/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\/premium-rate-services\/2\/#Premium_rate_service_provider_not_to_overcharge_or_charge_for_services_not_supplied\" title=\"Premium rate service provider not to overcharge or charge for services not supplied.\">Premium rate service provider not to overcharge or charge for services not supplied.<\/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\/premium-rate-services\/2\/#Register_of_licensed_premium_rate_service_providers\" title=\"Register of licensed premium rate service providers.\">Register of licensed premium rate service providers.<\/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\/premium-rate-services\/2\/#Code_of_practice\" title=\"Code of practice.\">Code of practice.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Consequential_amendments_of_Principal_Act\" title=\"Consequential amendments of Principal Act.\">Consequential amendments of Principal Act.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Notifications\" title=\"Notifications.\">Notifications.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Transfer_to_Commission_of_staff_of_Regtel\" title=\"Transfer to Commission of staff of Regtel.\">Transfer to Commission of staff of Regtel.<\/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-24\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#Communications_Regulation_Licensing_of_Premium_Rate_Services_Regulations_2012\" title=\"Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.\">Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.<\/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-25\" href=\"https:\/\/legalblog.ie\/premium-rate-services\/2\/#EXPLANATORY_NOTE\" title=\"EXPLANATORY NOTE\">EXPLANATORY NOTE<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Premium_Rate_Services\"><\/span>Premium Rate Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Under section 90 of the Postal and Telecommunications Services Act 1983 (No. 24 of 1983) Telecom Eireann was empowered to make schemes relating to tariffs terms and conditions of service. It introduced a data virtual private network facility, answering facility and 1890 calls.<\/p>\n<p>Premium rate services in telecommunications commenced in 1988. They involved a service part of which is charged through the telephone call cost. Initial services supplied to whether information on sports as well as other matters.<\/p>\n<p>Adult services caused controversy. A regulator of premium rate telephone services was appointed with lay assessors. The regulator could publish a code of practice in relation to use of the servicest. Service providers could not transmit messages or make communications which were offensive indecent or obscene known to be false causing inconvenience or annoyance or needless anxiety.<\/p>\n<p>The regulator published a code of practice. The terms of contract with Telecom provided that services might be monitored by way of samples from time to time to ensure compliance with the code. Services and promotional material must not include material including violence sadism,\u00a0 cruelty of repulsive a horrible nature. They must not interfere with privacy induce fear or anxiety encourage person to engage in dangerous practices for use harmful substances or promote or induce disharmony based on race religion gender or sexual orientation.<\/p>\n<p>A service provider must ensure that the service was not used for transmission of matter which is grossly offensive or of an indecent or obscene character.Sexual services defined as services of a suggestive sexually suggestive or titillating nature. Promotions for services of a sexual nature must not be\u00a0 carried in a publication for children or young persons. Live services could be required to be recorded and made available. They were to be retained for a period.<\/p>\n<p>A contract was entered between Telecom Eireann and the regulator by which it agreed to comply with the directions of the regulator in relation to premium rate services. The Telecom Eireann entered corresponding agreements with the service providers under which they were to fund the regulator.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Code_on_Premium_Rate_Services\"><\/span>Code on Premium Rate Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The communications regulator ComReg publishes a code under the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010.\u00a0 It is the regulator of premium rate services providers.<\/p>\n<p>They are goods and services that can be purchased by charging the cost to a phone bill; classically, they involve information and entertainment services.<\/p>\n<p>The Commission for Communications Regulations publishes a code for premium rate services.\u00a0 It applies to promotions that encompass any act or activity the intent or effect of which is either directly or indirectly to advertise or draw attention to a premium rate service in order to encourage its use.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Requirements_of_Promotions\"><\/span>Requirements of Promotions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Code requires that any promotional material must be decent and honest and not be harmful. A promotion is deemed unfair, if it is not exercised by special skill and care, which might reasonably be expected in an honest market practice or fails to act in good faith, causing an average consumer to make a transactional decision which they would not otherwise have undertaken by impairing their ability to make an informed decision.<\/p>\n<p>All material information must be set out in a clear, ambiguous and legible or audible manner so as to enable an end-user to make an informed decision.\u00a0 It must not omit material information likely to cause the average end-user to make a decision, which would not have otherwise been undertaken.<\/p>\n<p>Promotions must not include false or misleading information relating to the main characteristics of the service, price, or end-users rights.\u00a0 \u00a0If it can be reasonably foreseen that the promotion may affect a vulnerable group, the average end-user of that group must be considered in making the assessment.\u00a0 \u00a0The information will be assessed in its context, including the space or time available.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Information_for_User\"><\/span>Information for User<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Provider must ensure that certain information is provided to end-users prior to incurring charges including<\/p>\n<ul>\n<li>the name and description of the service,<\/li>\n<li>all costs,<\/li>\n<li>if it is a subscription service, that it is so;<\/li>\n<li>details of the provider including its business name, contact details,<\/li>\n<li>age restriction,<\/li>\n<li>technical requirements,<\/li>\n<li>information regarding the use and service of the product, use of personal data; where any information or personal data is to be used for marketing, the applicable legal requirements must be followed in particular including giving information and obtaining explicit consent in relation to use.<\/li>\n<\/ul>\n<p>Users must be provided with clear, comprehensive and unambiguous information of<\/p>\n<ul>\n<li>the true cost of the service including VAT, date, network costs, sign-up costs;<\/li>\n<li>price per message and number of messages required to complete a transaction; subscription particulars;<\/li>\n<li>price per minute for time-based services,<\/li>\n<li>total cost including any minimum period requirements;<\/li>\n<li>requirements for calls,<\/li>\n<li>prices for calls, on particular networks.<\/li>\n<\/ul>\n<p>Visual promotions must be in a form that ensures information is not lost due to resizing, cropping, change of format.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"TV_and_Radio\"><\/span>TV and Radio<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Certain information is required for TV and radio ads including<\/p>\n<ul>\n<li>name and description of the service,<\/li>\n<li>costs of non-subscription services are more than \u20ac2,<\/li>\n<li>the fact where it is a subscription service that this so and<\/li>\n<li>the cost per period and the charge period.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Promotional_Messages\"><\/span>Promotional Messages<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Promotional messages must be distinguished from subscription confirmation messages, charged messages, remainder messages, and non-subscribed messages by the inclusion of the term free message.<\/p>\n<p>Promotional messages sent by a short message service or WAP include information in relation to opting out of promotions to a free or low-cost service that does not incur a premium rate charge.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Particular_Services\"><\/span>Particular Services<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Promotions for subscription services must include<\/p>\n<ul>\n<li>a description,<\/li>\n<li>sufficient name to identify the service provider.<\/li>\n<\/ul>\n<p>The name of the service and certain particulars is to be provided.\u00a0 They are particulars as to the minimum prominence that must be given to certain key information.<\/p>\n<p>Sexual entertainment services, promotions must not appear in publications intended for children or be distributed free.\u00a0 Chat line services, dating services must communicate that the service is only available to persons over 18 and must not imply that there is an exchange of messages with end-users or that users will be able to meet other end-users.<\/p>\n<p>In relation to competition services, advertisements must state that the information is likely to affect an average end-user&#8217;s decision to participate, including in particular, details of how the competition operates, relevant terms and conditions, closing dates, eligibility restrictions, costs, \u00a0prizes, closing date.<\/p>\n<p>The information must be readily available in relation to particulars of how the competition is run and organised if not in the original material.\u00a0 Promotional material for competitions must not claim to offer a prize without in fact awarding a prize or equivalent, use certain words such as win prize or exaggerate the chance of winning or suggest that winning is a certainty.<\/p>\n<p>There are specific provisions in relation to entertainment service, children&#8217;s services, and\u00a0 services for charitable organisations.<\/p>\n<p>&nbsp;<\/p>\n<p><!--nextpage--><\/p>\n<h2>COMMUNICATIONS REGULATION (PREMIUM RATE SERVICES AND ELECTRONIC COMMUNICATIONS INFRASTRUCTURE) ACT 2010<\/h2>\n<p>REVISED<\/p>\n<p>Updated to 21 May 2020<\/p>\n<p>AN ACT TO PROVIDE FOR THE REGULATION OF PREMIUM RATE SERVICES BY THE COMMISSION FOR COMMUNICATIONS REGULATION AND TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 AND TO PROVIDE FOR CONNECTED MATTERS.<\/p>\n<p>[16th March, 2010]<\/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 \/>\nApplication of collectively cited Communications Regulation Acts 2002 to 2010 affected (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), regs. 42(22), 46(3), 63(2) and sch. 2, in effect as per reg. 1(3).<\/p>\n<p>Screening for Appropriate Assessment and Appropriate Assessment of implications for European Sites<\/p>\n<p>42. &#8230;<\/p>\n<p>(22) Notwithstanding any provision of any statute listed in the Second Schedule that provides for the consent for a plan or project to which this Regulation applies to be obtained by default on the failure of the public authority to provide a response within a specified timescale or otherwise, that provision shall not have effect in respect of any plan or project to which this Regulation applies.<\/p>\n<p>&#8230;<\/p>\n<p>Review of existing plans<\/p>\n<p>46. &#8230;<\/p>\n<p>(3) For the purposes of this Regulation, a decision, including a decision to adopt or undertake, or give approval for a plan, may include those adopted, undertaken or approved pursuant to any of the enactments set out in the Second Schedule to these Regulations.<\/p>\n<p>&#8230;<\/p>\n<p>General provisions regarding licences etc<\/p>\n<p>63. &#8230;<\/p>\n<p>(2) A licence, consent, permission, permit, derogation or other authorisation given under these Regulations or under any of the enactments referred to in the Second Schedule may include conditions requiring compliance with any guideline or code of practice issued under Regulation 71 or such provisions thereof as may be specified in the conditions.<\/p>\n<p>&#8230;<\/p>\n<p>SECOND SCHEDULE<\/p>\n<p>Number<\/p>\n<p>Year<\/p>\n<p>Short Title\/Citation<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>&#8230;<\/p>\n<p>Communications Regulation Acts 2002 to 2010<\/p>\n<p>&#8230;<\/p>\n<p>PART 1<\/p>\n<p>Preliminary and General<\/p>\n<p>Section 1<br \/>\nShort title, collective citation and construction.<\/p>\n<p>1.\u2014 (1) This Act may be cited as the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010.<\/p>\n<p>(2) The Principal Act, the Act of 2007 and this Act may be cited together as the Communications Regulation Acts 2002 to 2010 and shall be read together as one.<\/p>\n<p>Section 2<br \/>\nDefinitions.<\/p>\n<p>2.\u2014 In this Act\u2014<\/p>\n<p>\u201cCommission\u201d means Commission for Communications Regulation;<\/p>\n<p>\u201cPrincipal Act\u201d means Communications Regulation Act 2002.<\/p>\n<p>PART 2<\/p>\n<p>Regulation of Premium Rate Services<\/p>\n<p>Section 3<\/p>\n<h4>Definitions (Part 2).<\/h4>\n<p>3.\u2014 In this Part\u2014<\/p>\n<p>\u201cAct of 2007\u201d means Communications Regulation (Amendment) Act 2007;<\/p>\n<p>\u201cbroadcasting service\u201d has the meaning assigned to it by the Broadcasting Act 2009;<\/p>\n<p>\u201cend user\u201d has the meaning assigned to it by section 13 (5);<\/p>\n<p>\u201cfacility\u201d in relation to the provision of premium rate services, includes a facility\u2014<\/p>\n<p>(a) for making a payment for goods or services,<\/p>\n<p>(b) for entering a competition or claiming a prize,<\/p>\n<p>(c) for registering a vote or recording a preference, or<\/p>\n<p>(d) for enabling access to a premium rate service;<\/p>\n<p>\u201clicence\u201d means a premium rate service licence;<\/p>\n<p>\u201cMinister\u201d means Minister for Communications, Energy and Natural Resources;<\/p>\n<p>\u201cpremium rate service\u201d means a service having all of the following characteristics:<\/p>\n<p>(a) it consists in the provision of the contents of communications (other than a broadcasting service) through an electronic communications network or by using an electronic communications service, which may include or allow the use of a facility made available to the users of the service,<\/p>\n<p>(b) there is a charge for the provision of the service which exceeds the cost attributable to communications carriage alone, and<\/p>\n<p>(c) the charge referred to in paragraph (b) is paid by the end user of the service directly or indirectly to the provider of the electronic communications network or electronic communications service used in connection with the provision of the service by means of a billing or other agreed payment mechanism;<\/p>\n<p>\u201cpremium rate service licence\u201d means a licence authorising a premium rate service provider to provide a premium rate service under and in accordance with section 6;<\/p>\n<p>\u201cpremium rate service provider\u201d means a person who does any or all of the following, for gain:<\/p>\n<p>(a) provides the contents of a premium rate service,<\/p>\n<p>(b) exercises editorial control over the contents of a premium rate service,<\/p>\n<p>(c) packages together the contents of a premium rate service for the purpose of facilitating its provision,<\/p>\n<p>(d) makes available a facility as part of a premium rate service,<\/p>\n<p>(e) transfers a premium rate service from a content provider to one or more electronic communications networks, or<\/p>\n<p>(f) provides the electronic communications service over which a premium rate service is provided, or provides the electronic communications network over which a premium rate service is transmitted;<\/p>\n<p>\u201cRegtel\u201d means Regulator of Premium Rate Telecommunications Services Limited formed under the Companies Acts on 1 June 1995 (registration number 234027);<\/p>\n<p>\u201cspecified premium rate service\u201d means a premium rate service which is a premium rate service specified in regulations under section 7 as being a premium rate service which is required to be licensed under section 6.<\/p>\n<p>Section 4<br \/>\nAppointed day.<\/p>\n<p>4.\u2014 The Minister may appoint a day to be the appointed day for the purposes of this Part and upon which this Part has effect.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E1<br \/>\nPower pursuant to section exercised (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (Part 2) (Appointed Day) Order 2010 (S.I. No. 234 of 2010).<\/p>\n<p>2. The day appointed to be the appointed day for the purposes of Part 2 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2 of 2010) is 12 July 2010.<\/p>\n<p>Section 5<\/p>\n<h4>Function of Commission to regulate premium rate services.<\/h4>\n<p>5.\u2014 (1) Section 10(1) of the Principal Act is amended\u2014<\/p>\n<p>(a) by inserting after paragraph (ca) (inserted by section 5(b) of the Act of 2007) the following:<\/p>\n<p>\u201c(cb) to ensure compliance by premium rate service providers with their obligations in relation to the provision, content and promotion of premium rate services,\u201d,<\/p>\n<p>and<\/p>\n<p>(b) by substituting for paragraph (d) (inserted by section 5(c) of the Act of 2007) the following:<\/p>\n<p>\u201c(d) to carry out investigations into matters relating to\u2014<\/p>\n<p>(i) the supply of, and access to, electronic communications services, electronic communications networks and associated facilities and the transmissions of such services on such networks, and<\/p>\n<p>(ii) the provision, content and promotion of premium rate services,\u201d,<\/p>\n<p>and that subsection, as so amended, is set out in the Table to this subsection.<\/p>\n<p>TABLE.<\/p>\n<p>10.\u2014 (1) The functions of the Commission are\u2014<\/p>\n<p>(a) to ensure compliance by undertakings with obligations in relation to the supply of and access to electronic communication services, electronic communications networks and associated facilities and the transmission of such services on such networks,<\/p>\n<p>(b) to manage the radio frequency spectrum and the national numbering resource, in accordance with a direction under section 13,<\/p>\n<p>(c) to ensure compliance by providers of postal services with obligations in relation to the provision of postal services,<\/p>\n<p>(ca) to monitor the quality and efficiency of the emergency call answering service established under Part 6,<\/p>\n<p>(cb) to ensure compliance by premium rate service providers with their obligations in relation to the provision, content and promotion of premium rate services,<\/p>\n<p>(d) to carry out investigations into matters relating to\u2014<\/p>\n<p>(i) the supply of, and access to, electronic communications services, electronic communications networks and associated facilities and the transmissions of such services on such networks, and<\/p>\n<p>(ii) the provision, content and promotion of premium rate services,<\/p>\n<p>(da) for the purpose of contributing to an open and competitive market and also for statistical purposes, to collect, compile, extract, disseminate and publish information from undertakings relating to the provision of electronic communications services, electronic communications networks and associated facilities and the transmission of such services on those networks, and<\/p>\n<p>(e) to ensure compliance, as appropriate, by persons in relation to the placing on the market of communications equipment and the placing on the market and putting into service of radio equipment.<\/p>\n<p>(2) Where a specified premium rate service is advertised or promoted by means of a broadcasting service, it is the function of the Commission to ensure that the premium rate service provider, whose specified premium rate service is advertised or promoted, complies with the conditions attached to the licence in respect of that premium rate service.<\/p>\n<p>Section 6<\/p>\n<h4>Licence to provide premium rate services.<\/h4>\n<p>6.\u2014 (1) A person who intends to provide a specified premium rate service shall, before doing so, submit an application to the Commission for a licence to provide that service.<\/p>\n<p>(2) An application under subsection (1) shall be in such form as the Commission may, from time to time, determine and shall contain, as decided by the Commission, in the case of any particular type or class of service all or any of the following information\u2014<\/p>\n<p>(a) the name of the person (\u201capplicant\u201d) intending to provide the premium rate service including, in the case of a body corporate, the company registration number,<\/p>\n<p>(b) the names, addresses and contact details of relevant contact persons provided by the applicant including, in the case of a body corporate the names, addresses and contact details of the directors of the company,<\/p>\n<p>(c) the business address of the applicant and, in the case of a body corporate, where that address differs from the address of its registered office, the address of its registered office,<\/p>\n<p>(d) a description of the type of premium rate service to be provided, including\u2014<\/p>\n<p>(i) the trading and brand names under which each service is to be marketed to end users, including any short versions or variants of those names that appear in advertising,<\/p>\n<p>(ii) the customer service contact information for each service, including website address, telephone number and e-mail address, and<\/p>\n<p>(iii) a list of individual services that are being offered along with their linked premium rate numbers or any other service identifier which may be communicated to the customer or used as a billing reference on the customer\u2019s bill,<\/p>\n<p>(e) the potential end users for which each premium rate service is intended,<\/p>\n<p>(f) the estimated date of commencement of the provision of each premium rate service, and<\/p>\n<p>(g) such other relevant information the Commission considers appropriate.<\/p>\n<p>(3) The Commission upon receipt of an application under subsection (1) may grant to the applicant a licence (\u201cpremium rate service licence\u201d) to provide premium rate services, subject to any condition attached to the licence, or it may refuse a licence in accordance with subsection (4).<\/p>\n<p>(4) The Commission may refuse to grant a licence on one or more of the following grounds:<\/p>\n<p>(a) that the information required to be provided under subsection (2) has not been received by the Commission, or has been received but is deemed by the Commission to be incomplete, inaccurate or false,<\/p>\n<p>(b) that the applicant or any company (within the meaning of the Companies Acts) with which the applicant was connected was, during the previous 5 years, convicted of an offence for\u2014<\/p>\n<p>(i) contravening section 12 or 13, or<\/p>\n<p>(ii) failing to comply with Regulation 13 of the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 (S.I. No. 535 of 2003),<\/p>\n<p>(c) that any person responsible or proposed to be responsible for the management of the applicant\u2019s business in relation to providing premium rate services has been refused a licence or had a licence suspended or revoked.<\/p>\n<p>(5) The Commission shall notify the applicant of its decision to refuse to grant the applicant a licence and state the appeal procedure set out in section 11.<\/p>\n<p>(6) A licensed premium rate service provider may provide any of the premium rate services set out in his or her licence.<\/p>\n<p>(7) A licence is in force for the period stated in it. Different periods may be specified for different classes or types of premium rate services.<\/p>\n<p>(8) A licence may be amended by the Commission following a notification to it under subsection (9).<\/p>\n<p>(9) A licensed premium rate service provider shall notify the Commission of\u2014<\/p>\n<p>(a) any change to the information provided in accordance with subsection (2), at least 14 days before the change takes effect, or<\/p>\n<p>(b) any new premium rate service which he or she wishes to provide, at least 14 days before the date of commencement of provision of that service.<\/p>\n<p>(10) A premium rate service provider, who is authorised by Regtel to provide premium rate services under an authorisation which is in force immediately before the appointed day, is deemed to be granted a licence by the Commission under this section, which shall be in force for the period of 6 months after that day.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E2<br \/>\nProcedure for licensing of premium rate service providers prescribed (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), in effect as per reg. 1(2).<\/p>\n<p>Section 7<\/p>\n<h4>Regulations specifying conditions attached to premium rate service licence.<\/h4>\n<p>7.\u2014 (1) The Commission shall make regulations specifying\u2014<\/p>\n<p>(a) the class or type of premium rate services which require to be licensed under section 6,<\/p>\n<p>(b) conditions (including the basis and circumstances upon which refunds may be made to end users) to be attached to licences to be observed by the holders of licences,<\/p>\n<p>(c) that certain conditions do not apply to certain classes or types of premium rate services or premium rate service providers, and<\/p>\n<p>(d) the information that licensed premium rate service providers shall, upon request, provide to the Commission.<\/p>\n<p>(2) Any attachment of conditions, or non-application of conditions, under subsection (1) shall be objectively justified in relation to the premium rate service concerned and shall be non-discriminatory, proportionate and transparent.<\/p>\n<p>(3) A premium rate service provider shall comply with all of the conditions attached to the licence applicable to the provider and the condition referred to in section 15(6).<\/p>\n<p>(4) In making regulations under subsection (1), the Commission shall consult with the Broadcasting Authority of Ireland or such other regulatory bodies in the State as it considers relevant, in particular in relation to any class or type of premium rate service that comes under the definition of on-demand audiovisual media services under the Council Directive.<\/p>\n<p>(5) In this section \u201cCouncil Directive\u201d means Council Directive 89\/552\/EEC of 3 October 1989 1 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97\/36\/EC of the European Parliament and of the Council of 30 June 1997 2 and by Directive 2007\/65\/EC of the European Parliament and of the Council of 11 December 2007 3 .<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E3<br \/>\nPower pursuant to section exercised (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 7, in effect as per reg. 1(2).<\/p>\n<p>E4<br \/>\nPrevious affecting provision: power pursuant to section exercised (12.07.2010) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2010 (S.I. No. 338 of 2010), in effect as per reg. 1(2); subsequently revoked (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 11, in effect as per reg. 1(2), subject to transitional provisions.<\/p>\n<p>1 OJ No. L. 298\/23, 17.10.1989<\/p>\n<p>2 OJ No. L. 202\/60, 30.07.1997<\/p>\n<p>3 OJ No. L. 332, 18.12.2007<\/p>\n<p>Section 8<\/p>\n<h4>Application to High Court for immediate suspension of licence, etc.<\/h4>\n<p>8.\u2014 (1) Where the Commission considers that the immediate suspension of a licence is necessary to protect the users or potential users of any premium rate service provided by the licensee, until steps or further steps are taken under this Act, the Commission may, on notifying the licensee, make an application to the High Court for an order to suspend the licence.<\/p>\n<p>(2) The High Court may determine an application under subsection (1) by\u2014<\/p>\n<p>(a) making any order that it considers appropriate, including an order suspending the licence of the licensee, the subject of the application, for such period or until the occurrence of such event, as is specified in the order, and<\/p>\n<p>(b) giving to the Commission any other direction that the High Court considers appropriate.<\/p>\n<p>(3) The Commission shall, on complying with a direction of the High Court under subsection (2)(b), notify the licensee concerned of the Commission\u2019s compliance with the direction.<\/p>\n<p>Section 9<\/p>\n<h4>Investigation to ensure compliance.<\/h4>\n<p>9.\u2014 (1) Where the Commission conducts an investigation under section 10(1)(d)(ii) of the Principal Act\u2014<\/p>\n<p>(a) to ensure that the conditions of a licence are being complied with, or<\/p>\n<p>(b) in respect of an alleged breach of a condition attached to a licence,<\/p>\n<p>and finds, on foot of the investigation, that a premium rate service provider has not complied with or has breached a condition attached to his or her licence, it shall notify the provider of the findings and require the provider to remedy any non-compliance or breach and to refund any charge imposed by the provider on any end user in respect of any premium rate service that is connected with the non-compliance or breach not later than\u2014<\/p>\n<p>(i) one month after issue of the notification,<\/p>\n<p>(ii) such shorter period as is agreed by the Commission with the provider concerned or stipulated by the Commission for reasons stated in the notification, or<\/p>\n<p>(iii) such longer period as may be specified by the Commission.<\/p>\n<p>(2) The Commission may publish, in such manner as it thinks fit, any notification given by it under this section, subject to the protection of the confidentiality of any information which the Commission considers confidential.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E5<br \/>\nRefunds policy prescribed (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 8, in effect as per reg. 1(2).<\/p>\n<p>E6<br \/>\nPrevious affecting provision: refunds policy prescribed (12.07.2010) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2010 (S.I. No. 338 of 2010), reg. 9, in effect as per reg. 1(2); subsequently revoked (5.06.2012) by Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 (S.I. No. 111 of 2012), reg. 11, in effect as per reg. 1(2), subject to transitional provisions.<\/p>\n<p>Section 10<\/p>\n<h4>Revocation, amendment or suspension of premium rate service licence.<\/h4>\n<p>10.\u2014 (1) Where the Commission decides, on foot of an investigation under section 10(1)(d)(ii) of the Principal Act and at the end of the period referred to in section 9(1), that a premium rate service provider has failed to comply with or breached any condition attached to its licence, the Commission, if it considers it appropriate to do so, may revoke, amend or suspend for a period, the licence.<\/p>\n<p>(2) Subject to subsection (3), where the Commission\u2014<\/p>\n<p>(a) proposes to revoke, amend or suspend a licence it shall notify the holder of the proposal and afford the holder an opportunity to make representations within 7 days of the issue of notification of the proposal, and<\/p>\n<p>(b) decides having considered any representations under paragraph (a) to revoke, amend or suspend the licence, it shall notify the holder of its decision stating the appeal procedure set out in section 11, when the decision takes effect and, in the case of a suspension, the duration of the suspension.<\/p>\n<p>(3) Where the Commission considers that the failure to comply with or breach of a condition attached to a licence is a serious failure or breach which should cease immediately or is of an urgent nature which should so cease, subsection (2) and the period of time referred to in section 9(1) does not apply, and, accordingly, the investigation takes place and any revocation, amendment or suspension of the licence takes effect upon notification.<\/p>\n<p>Section 11<\/p>\n<h4>Right of appeal.<\/h4>\n<p>11.\u2014 (1) An appeal against a decision taken by the Commission to refuse to grant or to revoke, amend or suspend a licence lies with the Circuit Court in whose circuit the provider carries on business or where the provider carries on business in the whole of the State, the Dublin Circuit Court.<\/p>\n<p>(2) An appeal must be lodged within 7 days after the affected party has been notified of the decision.<\/p>\n<p>(3) A copy of the appeal must be served on the Commission, whereupon the Commission becomes the respondent to the appeal.<\/p>\n<p>(4) The Circuit Court shall hear and determine an appeal and may make such orders as it considers appropriate, which may include but are not limited to\u2014<\/p>\n<p>(a) an order affirming or setting aside the whole or any part of the decision of the Commission, and<\/p>\n<p>(b) an order remitting the case to the Commission to be redetermined, either with or without the hearing of further evidence, in accordance with the directions of the Court.<\/p>\n<p>Section 12<\/p>\n<h4>Offence \u2014 prohibition on providing premium rate service without licence.<\/h4>\n<p>12.\u2014 (1) A person who provides a specified premium rate service without holding a licence in respect of the service provided commits an offence.<\/p>\n<p>(2) A person who commits an offence under this section is liable\u2014<\/p>\n<p>(a) on summary conviction, to a fine not exceeding \u20ac5,000, or<\/p>\n<p>(b) on conviction on indictment\u2014<\/p>\n<p>(i) in the case of a body corporate, to a fine not exceeding \u20ac250,000, or<\/p>\n<p>(ii) in the case of any other person, to a fine not exceeding \u20ac50,000.<\/p>\n<p>Section 13<\/p>\n<h4>Premium rate service provider not to overcharge or charge for services not supplied.<\/h4>\n<p>13.\u2014 (1) A premium rate service provider shall not impose, or purport to impose, in respect of a specified premium rate service, a charge\u2014<\/p>\n<p>(a) for supplying the premium rate service to an end user that exceeds the amount for the service specified\u2014<\/p>\n<p>(i) in the provider\u2019s published charges, or<\/p>\n<p>(ii) in a written statement previously made or given to the end user by the provider in relation to that supply,<\/p>\n<p>(b) for supplying a premium rate service to an end user that was not requested by the end user, or<\/p>\n<p>(c) for a premium rate service that was requested by an end user but was not supplied.<\/p>\n<p>(2) A premium rate service provider that contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding \u20ac5,000.<\/p>\n<p>(3) Subject to subsection (4), where a premium rate service provider is convicted summarily of an offence under subsection (2), the court may, on application to it by the Commission, after having regard to the nature of the offence and the circumstances in which it was committed, order that\u2014<\/p>\n<p>(a) the licence, or all the licences, held by the licensee be revoked and that the former licensee be prohibited (which may be a permanent prohibition, a prohibition for a specified period or a prohibition subject to specified conditions) from applying for any new licence or a particular type or class of new licence, or<\/p>\n<p>(b) any charge imposed on any end user concerned in the contravention of subsection (1) to which the offence relates be repaid to the end user by the provider,<\/p>\n<p>or both.<\/p>\n<p>(4) An order under subsection (3), does not take effect until\u2014<\/p>\n<p>(a) the ordinary time for bringing an appeal against the conviction concerned has expired without any such appeal having been brought,<\/p>\n<p>(b) any such appeal has been withdrawn or abandoned, or<\/p>\n<p>(c) on any such appeal, the conviction or order, as the case may be, is upheld.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u201ccharges\u201d, in relation to a specified premium rate service, includes any list setting out the prices charged by a premium rate service provider to end users;<\/p>\n<p>\u201cend user\u201d means a person to whom a premium rate service is supplied or who has requested the supply of such a service, otherwise than for the purpose of resupply.<\/p>\n<p>Section 14<\/p>\n<h4>Register of licensed premium rate service providers.<\/h4>\n<p>14.\u2014 (1) The Commission shall establish and maintain a register (\u201cregister\u201d) of licensed premium rate service providers and shall include in it such information, as provided in any application under section 6, as the Commission considers appropriate, other than information which it reasonably considers confidential.<\/p>\n<p>(2) The register shall be in electronic form and such other form (if any) as the Commission decides.<\/p>\n<p>(3) The Commission may, as occasion requires, amend or delete an entry in the register.<\/p>\n<p>(4) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or extracts from, entries in the register.<\/p>\n<p>(5) In any proceedings a certificate bearing the seal of the Commission stating that the register shows that on the date or during the period specified in the certificate the name of the person identified by the certificate was not entered in the register, is admissible as evidence of the fact that a person identified by the certificate was not licensed by the Commission to provide a premium rate service under section 6 before that date or during that period.<\/p>\n<p>(6) A document purporting to be a certificate under subsection (5) is deemed to be such a certificate, unless the contrary is shown.<\/p>\n<p>Section 15<\/p>\n<h4>Code of practice.<\/h4>\n<p>15.\u2014 (1) The Commission shall, following consultations with premium rate service providers, other interested persons and, as it considers relevant, other regulatory bodies in the State, prepare and publish, as soon as is practicable after the appointed day, a code of practice to be followed by premium rate service providers with respect to\u2014<\/p>\n<p>(a) the provision, content and promotion of specified premium rate services, and<\/p>\n<p>(b) the conditions set for specified premium rate services under regulations under section 7.<\/p>\n<p>(2) Before publishing a code of practice or any part of a code of practice, the Commission\u2014<\/p>\n<p>(a) shall publish in such manner as it considers appropriate a draft of the code of practice or the part of the draft code of practice and shall give premium rate service providers, other interested persons and, as it considers relevant, other regulatory bodies in the State one month from the date of publication of the draft code or the part of the draft code within which to make written representations to the Commission in relation to the draft code or the part of the draft code, or for such further period, not exceeding 2 months, as the Commission in its absolute discretion thinks fit,<\/p>\n<p>(b) shall, having considered the representations, if any, publish the code or the part of the code with or without modification as the Commission in its absolute discretion thinks fit, and<\/p>\n<p>(c) where the Commission publishes a code of practice or any part of a code of practice, it shall publish a notice of such publication in the Iris Oifigi\u00fail and that notice shall\u2014<\/p>\n<p>(i) identify the code,<\/p>\n<p>(ii) specify the matters concerned in respect of which the code is published, and<\/p>\n<p>(iii) specify the date on which the code comes into operation.<\/p>\n<p>(3) The Commission may, following consultation with premium rate service providers, other interested persons and, as it considers relevant, other regulatory bodies in the State amend or revoke any code of practice or part of any code of practice prepared and published by it under this section.<\/p>\n<p>(4) Where the Commission amends or revokes a code of practice or any part of a code of practice published under this section, it shall publish notice of the amendment or revocation in the Iris Oifigi\u00fail.<\/p>\n<p>(5) The Commission shall make available for public inspection, without charge, on the Commission\u2019s website on the internet and at its principal office, during normal working hours\u2014<\/p>\n<p>(a) a copy of each code of practice, and<\/p>\n<p>(b) where a code of practice has been amended, a copy of the code as so amended.<\/p>\n<p>(6) It is a condition of a premium rate service licence that any code of practice is complied with.<\/p>\n<p>(7) The code of practice in relation to the matters referred to in subsection (1) prepared and published by Regtel on 1 October 2008 continues and is the code of practice until a code of practice replacing it is prepared and published by the Commission under this section.<\/p>\n<p>Section 16<\/p>\n<h4>Consequential amendments of Principal Act.<\/h4>\n<p>16.\u2014 The Principal Act is amended\u2014<\/p>\n<p>(a) in section 2(1)\u2014<\/p>\n<p>(i) by substituting for the definition of \u201cMinister\u201d the following:<\/p>\n<p>\u201c \u2018Minister\u2019 means Minister for Communications, Energy and Natural Resources;\u201d,<\/p>\n<p>(ii) by inserting after the definition of \u201cpostal services\u201d the following:<\/p>\n<p>\u201c \u2018premium rate service\u2019 has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;<\/p>\n<p>\u2018premium rate service licence\u2019 means a licence granted under section 6 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 to provide premium rate services;<\/p>\n<p>\u2018premium rate service provider\u2019 has the meaning assigned to it by the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010;\u201d, and<\/p>\n<p>(iii) in the definition of \u201cend user\u201d (inserted by section 3(c) of the Act of 2007) by inserting \u201cor a premium rate service\u201d after \u201cassociated facility\u201d,<\/p>\n<p>(b) in section 12(1)\u2014<\/p>\n<p>(i) in paragraph (b), after \u201cunder section 13,\u201d by deleting \u201cand\u201d,<\/p>\n<p>(ii) in paragraph (c), by substituting \u201cusers, and\u201d for \u201cusers\u201d, and<\/p>\n<p>(iii) by inserting after paragraph (c) the following:<\/p>\n<p>\u201c(d) to protect the interests of end users of premium rate services.\u201d,<\/p>\n<p>(c) in section 13(1), by substituting \u201celectronic communications, premium rate services\u201d for \u201celectronic communications\u201d,<\/p>\n<p>(d) in section 30\u2014<\/p>\n<p>(i) by inserting after subsection (2) the following:<\/p>\n<p>\u201c(2A) For the purpose of meeting expenses properly incurred by the Commission in the discharge of its function in relation to premium rate services, the Commission may make an order imposing a levy on premium rate service providers.\u201d,<\/p>\n<p>(ii) in subsection (3) by inserting \u201cor premium rate services\u201d after \u201celectronic communications services\u201d,<\/p>\n<p>(iii) by substituting for subsection (11) the following:<\/p>\n<p>\u201c(11) The Commission shall not impose a levy on providers of\u2014<\/p>\n<p>(a) electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or premium rate services,<\/p>\n<p>(b) postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services or premium rate services, or<\/p>\n<p>(c) premium rate services for the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or electronic communications services.\u201d,<\/p>\n<p>and<\/p>\n<p>(iv) in subsection (13) by substituting \u201cthis section\u201d for \u201csubsection (1) or (2)\u201d,<\/p>\n<p>(e) in section 31(2) by inserting \u201cpremium rate services,\u201d after \u201ccommunications,\u201d,<\/p>\n<p>(f) in section 31B(2) (inserted by section 9 of the Act of 2007) by substituting for paragraph (c) the following:<\/p>\n<p>\u201c(c) regulating postal services, and<\/p>\n<p>(d) regulating premium rate services.\u201d,<\/p>\n<p>(g) in section 31C(2) (inserted by section 9 of the Act of 2007) by inserting \u201cpremium rate services,\u201d after \u201ccommunications,\u201d,<\/p>\n<p>(h) in section 32(1) by inserting \u201cand premium rate services\u201d after \u201celectronic communications\u201d, and<\/p>\n<p>(i) in section 39\u2014<\/p>\n<p>(i) in subsection (1), by inserting \u201cor the Competition Act 2002\u201d after \u201cthis Act\u201d,<\/p>\n<p>(ii) in subsection (3), by inserting \u201cthe Competition Act 2002\u201d after \u201cunder this Act,\u201d, and<\/p>\n<p>(iii) in subsection (3), by inserting \u201cor premium rate services\u201d after \u201cpostal services\u201d in each place it occurs in paragraphs (a), (b), (c) and (g).<\/p>\n<p>Section 17<\/p>\n<h4>Notifications.<\/h4>\n<p>17.\u2014 (1) Where a notification is required to be given by the Commission under this Part to a premium rate service provider, it shall be in writing and addressed to the provider and shall be given to the provider in one of the following ways\u2014<\/p>\n<p>(a) by delivering it to the provider,<\/p>\n<p>(b) by leaving it at the address at which the provider carries on business,<\/p>\n<p>(c) by sending it by post in a pre-paid registered letter addressed to the provider at the address at which the provider carries on business,<\/p>\n<p>(d) if an address for the service of a notification has been furnished by the provider, by leaving it at, or sending it by pre-paid registered post addressed to the provider to, that address, or<\/p>\n<p>(e) by sending it by means of electronic mail or a facsimile machine, to a device or facility for the reception of electronic mail or facsimiles located at the address at which the provider carries on business or, if an address for the service of a notification has been furnished by the provider, that address, but only if\u2014<\/p>\n<p>(i) the sender\u2019s\u2014<\/p>\n<p>(I) facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail, or<\/p>\n<p>(II) facsimile machine generates a message confirming successful transmission of the total number of pages of the notification,<\/p>\n<p>and<\/p>\n<p>(ii) the notification is also given in one of the other ways mentioned in any of the preceding paragraphs.<\/p>\n<p>(2) For the purposes of subsection (1), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.<\/p>\n<p>(3) A copy of a notification, which has endorsed on it a certificate purporting to be signed by an officer of the Commission stating that the copy is a true copy of the notification may, without proof of signature of that person, be produced in every court and in all legal proceedings and is evidence, unless the contrary is shown, of the notification.<\/p>\n<p>Section 18<\/p>\n<h4>Transfer to Commission of staff of Regtel.<\/h4>\n<p>18.\u2014 (1) Every person who immediately before the appointed day is a member of the staff of Regtel shall on that day become a member of the staff of the Commission.<\/p>\n<p>(2) Subject to the consent of the Minister and the Minister for Finance, a person transferred under subsection (1) shall not while in the service of the Commission receive a lesser scale of pay or be subject to less beneficial conditions of service or less favourable tenure of office than that to which he or she was entitled or enjoyed immediately before the appointed day.<\/p>\n<p>Section 19<br \/>\nTransitional provision \u2014 Regtel.<\/p>\n<p>19.\u2014 Any legal proceedings, in connection with the regulation of premium rate services, pending immediately before the appointed day to which Regtel is a party shall be continued with the substitution in the proceedings for Regtel of the Commission.<\/p>\n<p>Section 20<br \/>\nRevocation.<\/p>\n<p>20.\u2014 The Telecommunications (Premium Rate Telephone Services) Scheme 1995 (S.I. No. 194 of 1995) is revoked.<\/p>\n<p>&nbsp;<\/p>\n<p>S.I. No. 111\/2012 &#8211;<\/p>\n<p>&nbsp;<\/p>\n<h2>Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.<\/h2>\n<p>Notice of the making of this Statutory Instrument was published in<\/p>\n<p>\u201cIris Oifigi\u00fail\u201d of 6th April, 2012.<\/p>\n<p>The Commission for Communications Regulation, in exercise of the powers conferred on it by section 7 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2 of 2010) and having consulted with the Broadcasting Authority of Ireland as required by section 7 (4) of the said Act and having notified these Regulations in draft to the European Commission pursuant to the provisions of Article 8 of Directive 98\/34\/EC of the European Parliament and of the Council of 22 June 19981 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98\/48\/EC of the European Parliament and of the Council of 20 July 19982 , hereby makes the following regulations:<\/p>\n<p>1. Citation and Commencement<\/p>\n<p>(1) These Regulations may be cited as the Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.<\/p>\n<p>(2) These Regulations shall come into operation on 5 June 2012<\/p>\n<p>2. Interpretation<\/p>\n<p>(1) In these Regulations except where the context otherwise requires:<\/p>\n<p>\u201cAct of 2010\u201d means Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2 of 2010);<\/p>\n<p>\u201ccall\u201d means any communication (whether voice, data, text or otherwise) which passes through an electronic communications network, whether initiated by an end user or initiated by or facilitated by a premium rate service provider, and a \u201ccaller\u201d shall be construed accordingly;<\/p>\n<p>\u201ccharity service\u201d means a premium rate service advertised and operated for the benefit of a charitable or not for profit body or organisation;<\/p>\n<p>\u201cchatline service\u201d means a premium rate service which consists of or includes the enabling of more than two persons to simultaneously conduct a telephone conversation with one another without either:<\/p>\n<p>(a) each of them having agreed with the other to do so; or<\/p>\n<p>(b) each of them having agreed in advance the respective identities of the other intended participants or the telephone numbers on which they may be called;<\/p>\n<p>\u201cchildren\u2019s service\u201d means a premium rate service which either wholly or in part is aimed at or would reasonably be expected to be attractive to persons under 18 years of age;<\/p>\n<p>\u201cClass A Service\u201d means a premium rate service which is not a Class B Service and which is:<\/p>\n<p>(a) accessed by a premium rate number and where the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call; or<\/p>\n<p>(b) accessed other than by means of a premium rate number and the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call.<\/p>\n<p>For the purpose of sub-paragraph (a) above, the price payable by an end user shall be taken to be the price which the undertaking designated from time to time pursuant to Regulation 7 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users\u2019 Rights) Regulations 2011 ( S.I. No. 337 of 2011 ) would charge for an equivalent call;<\/p>\n<p>\u201cClass B Service\u201d means any of the following:<\/p>\n<p>(a) a chatline service;<\/p>\n<p>(b) a sexual entertainment service;<\/p>\n<p>(c) a children\u2019s service;<\/p>\n<p>(d) a subscription service;<\/p>\n<p>(e) an internet dialler service;<\/p>\n<p>(f) a charity service or quiz television service, which is:<\/p>\n<p>(i) accessed by a premium rate number and where the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call; or<\/p>\n<p>(ii) accessed other than by means of a premium rate number and the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call.<\/p>\n<p>For the purpose of sub-paragraph (f)(i) above, the price payable by an end user shall be taken to be the price which the undertaking designated from time to time pursuant to Regulation 7 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users\u2019 Rights) Regulations 2011 ( S.I. No. 337 of 2011 ) would charge for an equivalent call;<\/p>\n<p>\u201cClass A Licence\u201d means a Licence identified as a Class A Licence in such form as may be designated by the Commission from time to time for the purpose of Regulation 4(2) of these Regulations;<\/p>\n<p>\u201cClass B Licence\u201d means a Licence identified as a Class B Licence in such form as may be designated by the Commission from time to time for the purpose of Regulation 4(3) of these Regulations;<\/p>\n<p>\u201cClass C Licence\u201d means a licence identified as a Class C Licence in such form as may be designated by the Commission from time to time for the purpose of Regulation 4(4) of these Regulations;<\/p>\n<p>\u201cClass D Licence\u201d means a Licence identified as a Class D Licence in such form as may be designated by the Commission from time to time for the purpose of Regulation 4(5) of these Regulations;<\/p>\n<p>\u201cCode\u201d means, subject to section 15(7) of the Act of 2010, the Code of Practice for Premium Rate Service Providers as published by the Commission from time to time pursuant to section 15 of the Act of 2010;<\/p>\n<p>\u201cCommencement Date\u201d means the date on which these Regulations come into effect as set out in Regulation 1(2) of these Regulations;<\/p>\n<p>\u201cCommission\u201d means the Commission for Communications Regulation;<\/p>\n<p>\u201cE-Commerce Directive\u201d means Directive 2000\/31\/EC of the European Parliament and of the Council of 8 June 20003 on certain legal aspects of information society services, in particular electronic commerce, in the internal market;<\/p>\n<p>\u201cEEA member state\u201d means European Economic Area member state;<\/p>\n<p>\u201celectronic communications network\u201d has the meaning assigned to it by section 2 of the Principal Act;<\/p>\n<p>\u201celectronic communications service\u201d has the meaning assigned to it by section 2 of the Principal Act;<\/p>\n<p>\u201cend user\u201d has the meaning assigned to it by section 13(5) of the Act of 2010;<\/p>\n<p>\u201cInformation Society Service\u201d has the meaning assigned to it by Article 1(2) of Directive 98\/34\/EC of the European Parliament and of the Council of 22 June 19984 laying down a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98\/48\/EC of the European Parliament and of the Council of 20 July 19985 (and subject to the exceptions set out in the said Directive 98\/34\/EC as amended by the said Directive 98\/48\/EC);<\/p>\n<p>\u201cinternational call\u201d means a call that terminates on an electronic communications network outside Ireland;<\/p>\n<p>\u201cinternet dialler service\u201d means any premium rate service operated by internet dialler software;<\/p>\n<p>\u201cinternet dialler software\u201d means software that is activated by the end user and which is configured to replace the dial up number used by the end user\u2019s computer to connect it to the internet with a different dial-up telephone number;<\/p>\n<p>\u201ckeyword\u201d means a word used to identify a particular premium rate service where a number of different premium rate services are provided over the same shortcode and where the use of the word by end-users facilitates the routing of a text or multimedia message to a particular premium rate service which is operated over the relevant shortcode;<\/p>\n<p>\u201cLicence\u201d means a premium rate service licence issued in accordance with these Regulations and \u201cLicensed\u201d shall be construed accordingly;<\/p>\n<p>\u201cnetwork operator\u201d means a person who provides, for gain, the electronic communications network over which a premium rate service is transmitted;<\/p>\n<p>\u201con-demand audiovisual media service\u201d has the meaning assigned to it by Regulation 2 of the European Communities (Audiovisual Media Services) Regulations, 2010 (No. 258 of 2010);<\/p>\n<p>\u201cpremium rate number\u201d means a number that is identified by the distinctive 15XX access code as provided for in the National Numbering Conventions issued by the Commission from time to time pursuant to its statutory function under Section 10(1)(b) of the Principal Act;<\/p>\n<p>\u201cpremium rate service\u201d has the meaning assigned to it by section 3 of the Act of 2010;<\/p>\n<p>\u201cpremium rate service licence\u201d has the meaning assigned to it by section 3 of the Act of 2010;<\/p>\n<p>\u201cpremium rate service provider\u201d has the meaning assigned to it by section 3 of the Act of 2010;<\/p>\n<p>\u201cPrincipal Act\u201d means the Communications Regulation Act, 2002 (No. 20 of 2002);<\/p>\n<p>\u201cprogramme\u201d has the meaning assigned to it by Regulation 2 of the European Communities (Audiovisual Media Services) Regulations, 2010 (No. 258 of 2010);<\/p>\n<p>\u201cpromotion\u201d means any act or activity the intent or effect of which is, either directly or indirectly, to advertise or draw attention to a premium rate service, in order to encourage its use and the term \u2018promotional material\u2019 shall be construed accordingly.<\/p>\n<p>\u201cquiz television service\u201d means a premium rate service offered during a television programme where the primary purpose of the programme is to encourage viewers to participate in a quiz, draw or competition and where entries or applications are submitted by means of a call;<\/p>\n<p>\u201csexual entertainment service\u201d means a premium rate service:<\/p>\n<p>(a) of a clearly sexual nature;<\/p>\n<p>(b) for which the associated promotional material is clearly of a sexual nature or indicates, or implies, that the premium rate service is clearly of a sexual nature; or<\/p>\n<p>(c) where the product provided through the premium rate service is clearly of a sexual nature;<\/p>\n<p>\u201cshortcode\u201d for the purposes of premium rate services means a five-digit number in the range 50xxx to 59xxx as provided for in the National Numbering Conventions issued by the Commission from time to time pursuant to its statutory function under Section 10(1)(b) of the Principal Act;<\/p>\n<p>\u201cspecified premium rate service\u201d means a premium rate service which is required to be licensed under these Regulations pursuant to sections 6 and 7 of the Act of 2010; and<\/p>\n<p>\u201csubscription service\u201d means a premium rate service for which a recurring charge is imposed on an end user who has subscribed, and thereby agreed to receive and pay for, such a premium rate service.<\/p>\n<p>(2) A word or expression that is used in these Regulations and that is also used in the Act of 2010 has, except where the context otherwise requires, the same meaning in these Regulations as it has in that Act.<\/p>\n<p>(3) In these Regulations, a reference to an enactment shall be construed as a reference to the enactment as amended by any subsequent enactment, including these Regulations.<\/p>\n<p>(4) In these Regulations, any phrase introduced by the term \u201cinclude\u201d, \u201cincluding\u201d, \u201cin particular\u201d or any similar expression shall not be construed as an exhaustive list and shall not limit the meaning of the words preceding that term.<\/p>\n<p>(5) Nothing in these Regulations shall absolve a premium rate service provider from any requirement in law to obtain any approvals, consents, licences, permissions or authorisations that may be necessary in relation to the provision of any premium rate service the subject of a Licence issued under these Regulations.<\/p>\n<p>3. Specified Premium Rate Services<\/p>\n<p>(1) Subject to paragraph (2), the following premium rate services are specified premium rate services that are required to be Licensed pursuant to the Act of 2010 and in accordance with these Regulations:<\/p>\n<p>(a) Class A Services; and<\/p>\n<p>(b) Class B Services.<\/p>\n<p>(2) The following premium rate services shall not be considered to be specified premium rate services that require to be Licensed pursuant to the Act of 2010 and in accordance with these Regulations:<\/p>\n<p>(a) a premium rate service which comprises directory enquiry services and relevant value added services that are provided using the number range 118XX; and<\/p>\n<p>(b) on-demand audiovisual media services.<\/p>\n<p>4. Licensing of Specified Premium Rate Services<\/p>\n<p>(1) A premium rate service provider involved in the provision of any specified premium rate service must obtain a Licence or Licences of the relevant class or classes in accordance with the provisions of this Regulation.<\/p>\n<p>(2) Subject to paragraphs (4) and (5), a premium rate service provider who:<\/p>\n<p>(a) is established in the State and intends to provide any Class A Service; or<\/p>\n<p>(b) intends to provide any Class A Service which is accessible by end-users in the State,<\/p>\n<p>must, before providing such Class A Service, submit an application to the Commission for, and have been issued, a Class A Licence.<\/p>\n<p>(3) Subject to paragraphs (4) and (5), a premium rate service provider who:<\/p>\n<p>(a) is established in the State and intends to provide any Class B Service; or<\/p>\n<p>(b) intends to provide any Class B Service which is accessible by end-users in the State,<\/p>\n<p>must, before providing such Class B Service, submit an application to the Commission for, and have been issued, a Class B Licence.<\/p>\n<p>(4) A premium rate service provider who is established in another EEA member state who intends to provide any specified premium rate service which is accessible by end users in the State, must before doing so, submit an application to the Commission for, and have been issued, a Class C Licence and shall not be under any obligation to apply for a Class A or a Class B Licence.<\/p>\n<p>(5) In cases where the role of the premium rate service provider in providing any specified premium rate service is limited solely to that of a network operator, such premium rate service provider must, before providing such specified premium rate service, submit an application to the Commission for, and have been issued, a Class D Licence.<\/p>\n<p>5. Applications for Licences<\/p>\n<p>(1) Applications for Licences shall be made to the Commission in the form designated by the Commission for each class of Licence from time to time.<\/p>\n<p>(2) An application for a Class A Licence shall include the following information:<\/p>\n<p>(a) the information set out at section 6(2)(a) to (f) of the Act of 2010; and<\/p>\n<p>(b) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class A Licence from time to time.<\/p>\n<p>(3) An application for a Class B Licence shall include the following information:<\/p>\n<p>(a) the information set out at section 6(2)(a) to (f) of the Act of 2010;<\/p>\n<p>(b) copies of all promotional material intended to be used in connection with each of the premium rate services the subject of the application and a full description of how, and the terms on which, each such premium rate service will operate; and<\/p>\n<p>(c) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class B Licence from time to time.<\/p>\n<p>(4) An application for a Class C Licence shall include the following information:<\/p>\n<p>(a) where the applicant is required to obtain any form of authorisation or approval to operate as a premium rate service provider from any regulatory or supervisory authority in the EEA member state in which it is established, a copy of such authorisation or approval and particulars of the relevant regulatory or supervisory authority; or<\/p>\n<p>(b) where the applicant is not required to obtain any form of authorisation or approval to operate as a premium rate service provider from any regulatory or supervisory authority in the EEA member state in which it is established, and to the extent that the applicant provides premium rate services in the EEA member state in which it is established, evidence of the applicant\u2019s good standing as a premium rate service provider in the EEA member state in which it is established.<\/p>\n<p>(5) An applicant for a Class C Licence should provide, at the time it makes an application in writing to the Commission for a Class C Licence, the following information:<\/p>\n<p>(a) the information set out at section 6(2)(a) to (f) of the Act of 2010; and<\/p>\n<p>(b) where any Class B Service is to be provided by the applicant for the Class C Licence and where there is no premium rate service provider established in the State who:<\/p>\n<p>(i) is involved in the provision of that Class B Service; and<\/p>\n<p>(ii) has applied for or been issued a Class B Licence in accordance with these Regulations,<\/p>\n<p>copies of all promotional material intended to be used in connection with the relevant premium rate service and a full description of how, and the terms on which, the relevant premium rate service will operate.<\/p>\n<p>(6) The provisions of paragraphs (4) and (5) for applicants for Class C Licences are subject to the requirements of EU law and in particular Article 56 of the Treaty on the Functioning of the European Union, where applicable.<\/p>\n<p>(7) An application for a Class D Licence shall include the following information:<\/p>\n<p>(a) the information set out at section 6(2)(a), 6(2)(b) and 6(2)(c) of the Act of 2010; and<\/p>\n<p>(b) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class D Licence from time to time.<\/p>\n<p>6. Licences Issued by the Commission and Amendments to Licences<\/p>\n<p>(1) Upon receipt of an application for a Licence, the Commission shall subject to the provisions of Sections 6(3), 6(4) and 6(5) of the Act of 2010, issue a Licence and, where a Licence is issued by the Commission, the Commission may identify and list, in a schedule or schedules thereto, the individual premium rate services that the holder of the Licence can provide pursuant to the Licence and, in accordance with section 7(1)(a) of the Act of 2010, such premium rate services may be categorised by class or type.<\/p>\n<p>(2) Licences issued by the Commission pursuant to section 6(3) of the Act of 2010 may state that the holder of the Licence can provide:<\/p>\n<p>(a) the individual premium rate services listed in the Licence or in any schedule thereto; and<\/p>\n<p>(b) other specified premium rate services of the same class or type as those premium rate services listed in the Licence or in any schedule thereto subject to the notification requirements of section 6(9) of the Act of 2010.<\/p>\n<p>(3) If issued, and unless otherwise revoked or suspended in accordance with the Act of 2010, a Class A, Class B or Class C Licence shall be valid for a period of two years, and a Class D Licence shall be valid for a period of five years, from the date of issue of the respective Licence.<\/p>\n<p>(4) The holder of a Licence can commence the provision of new specified premium rate services of the same class or type as those premium rate services listed in its Licence (or in any schedule thereto) on the condition that each such new specified premium rate service is notified to the Commission in accordance with Section 6(9)(b) of the Act of 2010 at least 14 days before the commencement of the provision of such new specified premium rate service.<\/p>\n<p>(5) The holder of a Licence is required by section 6(9)(a) of the Act of 2010 to notify the Commission of any change to the information (as described in section 6(2) of the Act of 2010) it has provided to the Commission in its application for such Licence pursuant to Regulation 5 at least 14 days before the change takes effect.<\/p>\n<p>(6) Notifications pursuant to section 6(9) of the Act of 2010 shall be made in writing to the Commission in the form designated by the Commission from time to time and:<\/p>\n<p>(a) where the notification is being made by a holder of a Class B Licence pursuant to section 6(9)(b) of the Act of 2010 in relation to a new Class B Service it wishes to provide, shall include the same information in relation to the new Class B Service as is required in an application for a Class B Licence made under Regulation 5(3)(b);<\/p>\n<p>(b) where the notification is being made by a holder of a Class C Licence pursuant to section 6(9)(b) of the Act of 2010 in respect of a new Class B Service it wishes to provide and the conditions set out at Regulation 5(5)(b) apply, should include the same information in relation to the new Class B Service as is specified in that Regulation 5(5)(b).<\/p>\n<p>(7) The Commission may amend a Licence pursuant to section 6(8) of the Act of 2010 following a notification pursuant to section 6(9) of the Act of 2010.<\/p>\n<p>(8) The amendment of a Licence pursuant to section 6(8) of the Act of 2010 does not operate to extend the term of that Licence beyond the term provided for in Regulation 6(3).<\/p>\n<p>7. Licence conditions<\/p>\n<p>(1) It shall be a condition of any Class A, Class B and Class D Licence, issued to a premium rate service provider, that the holder of the Licence shall:<\/p>\n<p>(a) comply with the Act of 2010, these Regulations (including without limitation the provisions of Regulation 8 in relation to refunds) and the Code;<\/p>\n<p>(b) comply with any decisions, notifications or findings made by the Commission from time to time pursuant to the Act of 2010, the Principal Act, these Regulations, the Code or any other statutory powers or functions of the Commission which are applicable to premium rate services;<\/p>\n<p>(c) comply with any requests made by the Commission for the provision of information pursuant to the Act of 2010, the Principal Act, these Regulations, the Code or any other statutory powers or functions of the Commission which are applicable to premium rate services and shall ensure that all information provided to the Commission is complete, true and accurate and is not misleading (whether by inclusion or omission or otherwise);<\/p>\n<p>(d) establish and operate an accessible complaints process to enable end users to have any complaint dealt with easily and quickly and ensure that such process is transparent and adequately publicised to end users;<\/p>\n<p>(e) pay any applicable levy imposed by the Commission under any order made pursuant to section 30(2A) of the Principal Act (as inserted by section 16 of the Act of 2010) or as otherwise provided for from time to time;<\/p>\n<p>(f) only enter into contractual arrangements for the provision of specified premium rate services with other premium rate service providers where such other premium rate service providers hold all necessary Licences as required by these Regulations;<\/p>\n<p>(g) not, save with the written prior consent of the Commission, assign the Licence or any of the rights conferred by it or lease or let the Licence or otherwise transfer to another person any benefit of the Licence;<\/p>\n<p>(h) upon becoming aware of the occurrence of any insolvency related event or, of any other event likely to materially affect its ability to comply with these Regulations or any conditions set out or referred to in the Licence, notify the Commission of that fact and;<\/p>\n<p>(i) comply with all applicable laws of the State in relation to the operation and promotion of the premium rate services the subject of the Licence, including without limitation, the Data Protection Acts 1988 and 2003 and the European Communities (Electronic Networks and Services) (Privacy and Electronic Communications) Regulations 2011 ( S.I. No. 336 of 2011 ).<\/p>\n<p>(2) It shall be a condition of any Class C Licence, issued to a premium rate service provider, that the relevant Licence holder shall:<\/p>\n<p>(a) notify the Commission in the event that, and each time that, it moves its place of establishment;<\/p>\n<p>(b) comply with any laws of the EEA member state in which it is established which are applicable to the operation and promotion of the premium rate services the subject of the Licence;<\/p>\n<p>(c) be lawfully established and, to the extent that it is providing premium rate services in the EEA member state in which it is established, be lawfully providing such premium rate services in that EEA member state;<\/p>\n<p>(d) where it is required to obtain any form of authorisation or approval to operate as a premium rate service provider from any regulatory or supervisory authority in the EEA member state in which it is established, have a valid authorisation or approval to do so and to immediately inform the Commission if such authorisation or approval is amended, revoked, suspended and\/or expires; and<\/p>\n<p>(e) comply with the Code, save where any premium rate service the subject of the Class C Licence comprises an Information Society Service in which case compliance with the Code in respect of that premium rate service shall only be required if the conditions set out in Article 3(4) (read, as appropriate, in accordance with Article 3(5)) of the E-Commerce Directive are satisfied.<\/p>\n<p>(3) The application of the Licence conditions set out in paragraphs (2)(b), (c) (d) and (e) to holders of Class C Licences are subject to the requirements of EU law and in particular Article 56 of the Treaty on the Functioning of the European Union, where applicable.<\/p>\n<p>8. Refunds Policy<\/p>\n<p>(1) Pursuant to a finding and notification under Section 9(1) of the Act of 2010, the Commission may, at its absolute discretion in accordance with its powers under the Act of 2010, require the premium rate service provider against whom the finding has been made (\u201cthe non-compliant premium rate provider\u201d):<\/p>\n<p>(a) to pay refunds within a specified time period to all end users who claim a refund, for the full amount spent by them for the premium rate service that is connected with the non-compliance or breach or for a specified lesser amount, save where there is good cause to believe that such claims are not valid; or<\/p>\n<p>(b) to pay refunds for the full amount spent or a specified lesser amount within a specified time period to all end users who have used the premium rate service that is connected with the non-compliance or breach, regardless of whether they have claimed a refund.<\/p>\n<p>(2) In the case of refunds to be paid pursuant to paragraph (1)(b), such refunds may be required to be credited directly to the end user\u2019s account with his or her network operator. Where there is no such network operator account, end users must be notified of their right to a refund and be given an easy method of obtaining the refund. Where it is not technically or legally possible to notify end users of their right to a refund, the Commission may direct the non-compliant premium rate service provider to donate an amount of money equivalent to the refund to an appropriate registered charity selected by the Commission.<\/p>\n<p>(3) In the case of any refunds or donations to charity which the Commission directs to be paid pursuant to this Regulation, evidence must be provided to the Commission by the non-compliant premium rate service provider that refunds or donations have been made within the time period specified by the Commission.<\/p>\n<p>9. Information Gathering<\/p>\n<p>(1) Premium rate service providers who have been issued a Class A, Class B, or Class D Licence by the Commission shall, upon request by the Commission, provide to the Commission any or all of the following information in a legible format, in respect of each specified premium rate service provided by it:<\/p>\n<p>(a) a full and detailed description of the premium rate service and the terms on which it is offered and provided;<\/p>\n<p>(b) any and all promotional materials (including without limitation the content of promotional text messages, internet advertising and any relevant website content) used in connection with the premium rate service and details of the dates on which and, where applicable, the times at which, such promotional materials were published and\/or issued;<\/p>\n<p>(c) substantiating evidence for any and all claims made in any promotion in connection with the premium rate service;<\/p>\n<p>(d) any and all premium rate numbers, shortcodes and keywords used in connection with the provision of the premium rate service;<\/p>\n<p>(e) full details of the billing methods used in connection with the premium rate service;<\/p>\n<p>(f) full details of the charge for the premium rate service;<\/p>\n<p>(g) full details of the charge incurred by any particular end user in respect of that end user\u2019s use of the premium rate service;<\/p>\n<p>(h) the number of calls made in connection with the premium rate service and the date, time, delivery status, nature and content of each call made in connection with the premium rate service and, where calls are charged by reference to their duration, the duration of each such call;<\/p>\n<p>(i) the number of calls made by and\/or to any particular end user in connection with the premium rate service and the date, time, delivery status, nature and content of each such call and where such calls were charged by reference to their duration, the duration of each such call;<\/p>\n<p>(j) except in the case of live calls required to be recorded under the Code, a record of the content of each call made in connection with the premium rate service, including the content of any information linked to, or incorporated by reference to, such content;<\/p>\n<p>(k) where live calls are required to be recorded under the Code, the audio content of each live call made in connection with the premium rate service;<\/p>\n<p>(l) the revenues derived from the premium rate service;<\/p>\n<p>(m) a breakdown of the revenue distribution for the premium rate service including details of any revenue share arrangements between the Licence holder and any other premium rate service provider involved in the premium rate service;<\/p>\n<p>(n) if the premium rate service involves prizes, a full list of the names, addresses and contact details of all prize-winners;<\/p>\n<p>(o) if the premium rate service involves the provision of medical, financial, legal or other similar information or professional advice, the identity, status and relevant qualifications and experience of the person and\/or organisation supplying the relevant information or advice;<\/p>\n<p>(p) if the premium rate service involves the provision of any information or advice given by a person with no qualifications, details of the source of the information and\/or advice and how same has been compiled;<\/p>\n<p>(q) details of any and all complaints received from end users in respect of the premium rate service, details of the steps taken by or on behalf of the Licence holder in connection with the handling and resolution of each such complaint together with any documentary evidence of each such step, and any and all written communications, and details of the content of any and all oral communications, between the end user and the Licence holder (and\/or any of its servants or agents) in connection with each such complaint;<\/p>\n<p>(r) if the premium rate service is a subscription service, details of the date, time and method (including the content of any relevant call) by which each end user subscribed to the service and any particular promotion to which the end user was responding when it so subscribed, and the date, time and method (including the content of any relevant call) by which the subscription was confirmed by or on behalf of the Licence holder; and<\/p>\n<p>(s) details of any and all requests from end users to unsubscribe to any subscription premium rate service, details of the steps taken by or on behalf of the Licence holder in connection with each such request, and any and all written communications, and details of the content of any and all oral communications, between the end user and the Licence holder (and\/or any of its servants or agents) in connection with each such request to unsubscribe.<\/p>\n<p>(2) Premium rate service providers who have been issued a Class A, Class B, or Class D Licence shall:<\/p>\n<p>(a) save in the case of any records containing any of the information identified in sub-paragraph (1)(r), maintain each record containing any of the information identified in paragraph(1), for whichever is the longer of the following:<\/p>\n<p>(i) a period of at least six months from the date the record was created; or<\/p>\n<p>(ii) in the case of any record containing any information connected to the provision of any premium rate service to a particular end user, a period of at least six months from the date that particular end user last received or (as appropriate) unsubscribed from that premium rate service,<\/p>\n<p>provided that nothing in this subparagraph (a) shall operate so as to impose any obligation on any Licence holder to maintain any record falling within this subparagraph for any longer than twelve months from the date the relevant record was created; and<\/p>\n<p>(b) maintain each record containing any of the information identified in subparagraph (1)(r) relating to a particular end user, for a period of at least six months from the date that particular end user unsubscribed from the relevant subscription service.<\/p>\n<p>(3) The Commission may, from time to time, request Class C Licence holders to provide any of the information outlined in paragraph (1).<\/p>\n<p>10. Address for Notices<\/p>\n<p>(1) Where a Licence is issued to a premium rate service provider who is established in an EEA member state, that premium rate service provider shall, on the issue of the Licence, furnish in writing to the Commission the geographic address and e-mail address within that EEA member state to which notices and other documents under these Regulations may be delivered to him or her or sent by, or on behalf of, the Commission by post or by any electronic communications service and shall, as occasion requires, so furnish any change in such address or e-mail address.<\/p>\n<p>(2) Where a Licence is issued to a premium rate service provider who is established in either the State or outside of the EEA, that premium rate service provider shall, on the issue of the Licence, furnish in writing to the Commission an address within the State to which notices and other documents under these Regulations may be delivered to him or her or sent by, or on behalf of, the Commission by post or by any electronic communications service and shall, as occasion requires, so furnish any change in such address.<\/p>\n<p>(3) A notice or document delivered, or sent by post or any such electronic communications service to any address or e-mail address furnished in accordance with paragraph (1) or (2) shall be deemed for the purposes of these Regulations to have been duly served by the Commission.<\/p>\n<p>11. Revocations and Transitional Provisions<\/p>\n<p>(1) Subject to paragraphs (2), (3), (4) and (5), the Communications Regulation (Licensing of Premium Rate Services) Regulations 2010 (the \u201c2010 Regulations\u201d) are hereby revoked.<\/p>\n<p>(2) The provisions of the revoked 2010 Regulations shall, subject to paragraphs (3) and (4) and notwithstanding paragraph (1), continue to apply and have effect in relation to any application for a premium rate service licence that was made under the 2010 Regulations before the Commencement Date. Any premium rate service provider who has submitted such an application pursuant to the 2010 Regulations may notify the Commission that it no longer wishes to pursue that application and may submit, in lieu of such application, an application for a Licence of the appropriate class (or, where, appropriate a number of applications for Licences of different classes) under these Regulations and in accordance with the requirements of these Regulations.<\/p>\n<p>(3) Any premium rate service licence issued under the 2010 Regulations that is still valid and in force on the Commencement Date shall, as and from the Commencement Date (or, in the case of any premium rate licence which was issued after the Commencement Date pursuant to any application made under the 2010 Regulations before the Commencement Date, as and from the date of the issue of that premium rate service licence) and for the duration of the term for which that premium rate service licence was originally issued, be deemed to be a Licence of the appropriate class (or, where appropriate, a number of Licences of different classes) issued under these Regulations and the provisions of these Regulations (including without limitation the provisions of Regulation 7) shall apply to such Licences (and to the holder of such Licence) as and from the date these Regulations come into operation.<\/p>\n<p>(4) The Commission may request from the holder of any Licence deemed to have been issued under these Regulations pursuant to paragraph (3), any information it deems appropriate pursuant to Regulation 9(1) or Regulation 9(3) (including in particular the information identified in sub-paragraph (a) of Regulation 9(1)) in order to enable the Commission to:<\/p>\n<p>(a) ascertain the appropriate class or classes of Licences deemed to have been issued; and\/or<\/p>\n<p>(b) ascertain the class and type of premium rate services deemed to be Licensed under the relevant Licence and, if the Commission deems it appropriate, to identify same in a schedule or schedules to the relevant Licence in accordance with Regulation 6(1).<\/p>\n<p>(5) Where immediately before the Commencement Date, any legal proceedings or investigation pursuant to the 2010 Act is pending in respect of any premium rate service licence issued under the 2010 Regulations, such proceedings and\/or investigation shall not abate by reason of the revocation of the 2010 Regulations.<\/p>\n<p>\/images\/ls<\/p>\n<p>GIVEN under the Official Seal of the Commission for Communications Regulation,<\/p>\n<p>4 April 2012.<\/p>\n<p>ALEX CHISHOLM,<\/p>\n<p>Chairperson.<\/p>\n<p>On behalf of the Commission of Communications Regulation<\/p>\n<h4>EXPLANATORY NOTE<\/h4>\n<p>(This note is not part of the Instrument and does not purport to be a legal interpretation.)<\/p>\n<p>These Regulations provide for the licensing of premium rate service providers by the Commission for Communications Regulation in exercise of the powers conferred upon it by sections 6 and 7 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (No. 2 of 2010). The Regulations set out which premium rate services require licences and the conditions which attach to such licences.<\/p>\n<p>1 OJ L 204, 21.7.1998 p.37<\/p>\n<p>2 OJ L 217, 5.8.1998 p.18<\/p>\n<p>3 OJ L 178, 17.07.2000 p.1<\/p>\n<p>4 OJ L 204, 21.7.1998 p.37<\/p>\n<p>5 OJ L 217, 5.8.1998 p.18<\/p>\n<p>&nbsp;<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2251\" data-postid=\"2251\" class=\"themify_builder_content themify_builder_content-2251 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Premium Rate Services Under section 90 of the Postal and Telecommunications Services Act 1983 (No. 24 of 1983) Telecom Eireann was empowered to make schemes relating to tariffs terms and conditions of service. It introduced a data virtual private network facility, answering facility and 1890 calls. Premium rate services in telecommunications commenced in 1988. They [&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\/2251"}],"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=2251"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2251\/revisions"}],"predecessor-version":[{"id":34373,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2251\/revisions\/34373"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2251"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2251"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2251"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}