European Union (Electronic Communications Code) Regulations 2022 [S.I. No. 444 of 2022]

Version status: In force | Document consolidation status: Updated to reflect all known changes

Published date: 6 September 2022

European Union (Electronic Communications Code) Regulations 2022 [S.I. No. 444 of 2022]

	Introductory Text
	Part 1 Preliminary and General (regs. 1-3)
	Regulation 1 Citation and commencement
	Regulation 2 Interpretation
	Regulation 3 Regulatory authority
	Part 2 Tasks and objectives of regulator and other competent authorities (regs. 4-5)
	Regulation 4 Objectives of Regulator, etc.
	Regulation 5 National regulatory and other competent authorities
	Part 3 General Authorisation and Rights of Use (regs. 6-15)
	Chapter 1 General part (regs. 6-11)
	Regulation 6 General authorisation of electronic communications networks and services
	Regulation 7 Register of authorised undertakings
	Regulation 8 Conditions attached to general authorisation and specific obligations
	Regulation 9 Conditions attached to rights of use for radio spectrum
	Regulation 10 Conditions attached to rights of use for numbering resources
	Regulation 11 Declarations to facilitate exercise of rights to install facilities and rights of interconnection
	Chapter 2 General authorisation rights and obligations (regs. 12-13)
	Regulation 12 Minimum list of rights derived from general authorisation
	Regulation 13 Accounting separation and financial reports
	Chapter 3 Amendment and withdrawal (regs. 14-15)
	Regulation 14 Amendment of rights and obligations
	Regulation 15 Restriction or withdrawal of rights
	Part 4 Internal Market Procedures and Coordination (regs. 16-23)
	Chapter 1 Radio spectrum coordination (reg. 16)
	Regulation 16 Radio spectrum coordination among Member States
	Chapter 2 (regs. 17-18)
	Regulation 17 Consolidating internal market for electronic communications
	Regulation 18 Procedure for consistent application of remedies
	Chapter 3 Consistent radio spectrum assignment (regs. 19-21)
	Regulation 19 Peer review process
	Regulation 20 Harmonised assignment of radio spectrum
	Regulation 21 Joint authorisation process to grant individual rights of use for radio spectrum
	Chapter 4 Harmonisation procedures (regs. 22-23)
	Regulation 22 Harmonisation procedures
	Regulation 23 Standardisation
	Part 5 Market entry and deployment (regs. 24-26)
	Chapter 1 Fees (reg. 24)
	Regulation 24 Fees for rights of use for radio spectrum and rights to install facilities
	Chapter 2 Access to land (regs. 25-26)
	Regulation 25 Co-location and sharing of network elements and associated facilities for providers of electronic communications networks
	Regulation 26 Publication of information
	Part 6 Access to radio spectrum and related provisions (regs. 27-37)
	Chapter 1 Authorisations (regs. 27-29)
	Regulation 27 Management of radio spectrum
	Regulation 28 Authorisation of use of radio spectrum
	Regulation 29 Conditions attached to individual rights of use for radio spectrum
	Chapter 2 Rights of use (regs. 30-34)
	Regulation 30 Granting of individual rights of use for radio spectrum
	Regulation 31 Duration of rights
	Regulation 32 Renewal of individual rights of use for harmonised radio spectrum
	Regulation 33 Transfer or lease of individual rights of use for radio spectrum
	Regulation 34 Competition
	Chapter 3 Procedures (regs. 35-37)
	Regulation 35 Coordinated timing of assignments
	Regulation 36 Procedure for limiting number of rights of use to be granted for radio spectrum
	Regulation 37 Publication of specification of conditions
	Part 7 Deployment and use of wireless network equipment (regs. 38-39)
	Regulation 38 Access to radio local area networks
	Regulation 39 Deployment and operation of small-area wireless access points
	Part 8 Access and interconnection - rights, obligations and remedies (regs. 40-68)
	Chapter 1 General provisions, access principles (regs. 40-41)
	Regulation 40 General framework for access and interconnection
	Regulation 41 Rights and obligations of undertakings
	Chapter 2 Access and interconnection (regs. 42-43)
	Regulation 42 Powers and responsibilities with regard to access and interconnection
	Regulation 43 Conditional access systems and other facilities
	Chapter 3 Market analysis and significant market power (regs. 44-49)
	Regulation 44 Definitions - Chapter 3
	Regulation 45 Undertakings with significant market power
	Regulation 46 Procedure for identification and definition of markets
	Regulation 47 Procedure for identification of transnational markets
	Regulation 48 Procedure for identification of transnational demand
	Regulation 49 Market analysis procedure
	Chapter 4 Access remedies imposed on undertakings with significant market power (regs. 50-63)
	Regulation 50 Imposition, amendment or withdrawal of obligations
	Regulation 51 Obligation of transparency
	Regulation 52 Obligations of non-discrimination
	Regulation 53 Obligation of accounting separation
	Regulation 54 Access to civil engineering
	Regulation 55 Obligations of access to, and use of, specific network elements and associated facilities
	Regulation 56 Price control and cost accounting obligations
	Regulation 57 Termination rates
	Regulation 58 Regulatory treatment of new very-high-capacity network elements
	Regulation 59 Functional separation
	Regulation 60 Voluntary separation by vertically integrated undertaking
	Regulation 61 Commitments procedure
	Regulation 62 Wholesale-only undertakings
	Regulation 63 Migration from legacy infrastructure
	Chapter 5 Regulatory control of retail services (reg. 64)
	Regulation 64 Regulatory control of retail services
	Chapter 6 Publication of information - access obligations (reg. 65)
	Regulation 65 Publication of notice of obligations and access to information
	Chapter 7 Notification and monitoring - undertakings with significant market power (reg. 66)
	Regulation 66 Notification of undertakings designated as having significant market power
	Chapter 8 Dispute resolution between undertakings (regs. 67-68)
	Regulation 67 Dispute resolution between undertakings
	Regulation 68 Resolution of cross-border disputes
	Part 9 Universal service obligations (regs. 69-78)
	Regulation 69 Definition (Part 9)
	Regulation 70 Affordable universal service Designation
	Regulation 71 Provision of affordable universal service
	Regulation 72 Availability of universal service and designation
	Regulation 73 Status of existing universal service
	Regulation 74 Control of expenditure
	Regulation 75 Cost of universal service obligations
	Regulation 76 Financing of universal service obligations and transparency
	Regulation 77 Additional mandatory services
	Regulation 78 Notification of universal service obligations
	Part 10 Access to numbers and services, and related provisions (regs. 79-83)
	Regulation 79 Numbering resources
	Regulation 80 Procedure for granting rights of use for numbering resources
	Regulation 81 Fees for rights of use for numbering resources
	Regulation 82 Missing children and child helpline hotlines
	Regulation 83 Access to numbers and services
	Part 11 End-User Rights (regs. 84-97)
	Regulation 84 Exemption of certain microenterprises
	Regulation 85 Non-discrimination
	Regulation 86 Fundamental rights safeguard
	Regulation 87 Information requirements for contracts
	Regulation 88 Transparency, comparison of offers and publication of information
	Regulation 89 Contract duration and termination
	Regulation 90 Provider switching and number portability
	Regulation 91 Bundled offers
	Regulation 92 Availability of services
	Regulation 93 Emergency communications and single European emergency number
	Regulation 93A Public Warning System
	Regulation 94 Equivalent access and choice for end-users with disabilities
	Regulation 95 Directory enquiry services
	Regulation 96 Interoperability of car radio and consumer radio receivers and consumer digital television equipment
	Regulation 97 Provision of additional facilities
	Part 12 Provision and publication of information, surveys and consultation mechanism (regs. 98-103)
	Regulation 98 Information request to undertakings
	Regulation 99 Information required with regard to general authorisation, rights of use and specific obligations
	Regulation 100 Geographical surveys of network deployments
	Regulation 101 Consultation and transparency mechanism
	Regulation 102 Consultation of interested parties
	Regulation 103 Notices regarding imposition of obligations
	Part 13 Enforcement (regs. 104-110)
	Regulation 104 Directions
	Regulation 105 Compliance monitoring and obligations
	Regulation 106 Service of determinations, directions and notifications
	Regulation 107 Prosecution of offences
	Regulation 108 Penalties
	Regulation 109 Offences by bodies corporate
	Regulation 110 Suspension or withdrawal of authorisation, rights of use for radio spectrum or rights of use for numbers
	Part 14 Amendment of Act of 2002, consequential Amendments and transitional arrangements (regs. 111-116)
	Regulation 111 Amendments - Act of 2002
	Regulation 112 Consequential amendments
	Regulation 113 Transitional arrangements
	Regulation 114 Transitional provision where Regulator has notified proposed withdrawal of authorisation or suspension or withdrawal of rights
	Regulation 115 Transitional provision where certain applications have been made
	Regulation 116 Revocations
	Schedule 1 List of conditions which may be attached to general authorisations, rights of use for radio spectrum and rights of use for numbering resources
	Schedule 2 Criteria for determination of wholesale voice termination rates
	Schedule 3 Criteria for assessing co-investment offers
	Schedule 4 Minimum set of services which adequate broadband internet access service in accordance with Regulation 70(2) shall be capable of supporting
	Schedule 5 Description of facilities and services referred to in Regulation 74 (Control of expenditure), Regulation 97 (Additional facilities) and Regulation 90 (Provider switching and number portability)
	Schedule 6 Calculating net cost, if any, of universal service obligations and establishing any compensation or sharing mechanism in accordance with Regulations 75 and 76
	Schedule 7 Information requirements to be provided in accordance with Regulation 87 (Information requirements for contracts)
	Schedule 8 Information to be published in accordance with Regulation 88 (Transparency and publication of information)
	Given under
	Explanatory Note

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European Union (Electronic Communications Code) Regulations 2022 [S.I. No. 444 of 2022]

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Document Overview

European Union (Electronic Communications Code) Regulations 2022 [S.I. No. 444 of 2022]

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