Table of Contents
European Union (Electronic Communications Code) Regulations 2022 [S.I. No. 444 of 2022]Introductory TextPart 1 Preliminary and General (regs. 1-3)Regulation 1 Citation and commencementRegulation 2 InterpretationRegulation 3 Regulatory authorityPart 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 authoritiesPart 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 servicesRegulation 7 Register of authorised undertakingsRegulation 8 Conditions attached to general authorisation and specific obligationsRegulation 9 Conditions attached to rights of use for radio spectrumRegulation 10 Conditions attached to rights of use for numbering resourcesRegulation 11 Declarations to facilitate exercise of rights to install facilities and rights of interconnectionChapter 2 General authorisation rights and obligations (regs. 12-13)Regulation 12 Minimum list of rights derived from general authorisationRegulation 13 Accounting separation and financial reportsChapter 3 Amendment and withdrawal (regs. 14-15)Regulation 14 Amendment of rights and obligationsRegulation 15 Restriction or withdrawal of rightsPart 4 Internal Market Procedures and Coordination (regs. 16-23)Chapter 1 Radio spectrum coordination (reg. 16)Regulation 16 Radio spectrum coordination among Member StatesChapter 2 (regs. 17-18)Regulation 17 Consolidating internal market for electronic communicationsRegulation 18 Procedure for consistent application of remediesChapter 3 Consistent radio spectrum assignment (regs. 19-21)Regulation 19 Peer review processRegulation 20 Harmonised assignment of radio spectrumRegulation 21 Joint authorisation process to grant individual rights of use for radio spectrumChapter 4 Harmonisation procedures (regs. 22-23)Regulation 22 Harmonisation proceduresRegulation 23 StandardisationPart 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 facilitiesChapter 2 Access to land (regs. 25-26)Regulation 25 Co-location and sharing of network elements and associated facilities for providers of electronic communications networksRegulation 26 Publication of informationPart 6 Access to radio spectrum and related provisions (regs. 27-37)Chapter 1 Authorisations (regs. 27-29) Regulation 27 Management of radio spectrumRegulation 28 Authorisation of use of radio spectrumRegulation 29 Conditions attached to individual rights of use for radio spectrumChapter 2 Rights of use (regs. 30-34)Regulation 30 Granting of individual rights of use for radio spectrumRegulation 31 Duration of rightsRegulation 32 Renewal of individual rights of use for harmonised radio spectrumRegulation 33 Transfer or lease of individual rights of use for radio spectrumRegulation 34 CompetitionChapter 3 Procedures (regs. 35-37)Regulation 35 Coordinated timing of assignmentsRegulation 36 Procedure for limiting number of rights of use to be granted for radio spectrumRegulation 37 Publication of specification of conditionsPart 7 Deployment and use of wireless network equipment (regs. 38-39)Regulation 38 Access to radio local area networksRegulation 39 Deployment and operation of small-area wireless access pointsPart 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 interconnectionRegulation 41 Rights and obligations of undertakingsChapter 2 Access and interconnection (regs. 42-43)Regulation 42 Powers and responsibilities with regard to access and interconnectionRegulation 43 Conditional access systems and other facilitiesChapter 3 Market analysis and significant market power (regs. 44-49)Regulation 44 Definitions - Chapter 3Regulation 45 Undertakings with significant market powerRegulation 46 Procedure for identification and definition of marketsRegulation 47 Procedure for identification of transnational marketsRegulation 48 Procedure for identification of transnational demandRegulation 49 Market analysis procedureChapter 4 Access remedies imposed on undertakings with significant market power (regs. 50-63)Regulation 50 Imposition, amendment or withdrawal of obligationsRegulation 51 Obligation of transparencyRegulation 52 Obligations of non-discriminationRegulation 53 Obligation of accounting separationRegulation 54 Access to civil engineeringRegulation 55 Obligations of access to, and use of, specific network elements and associated facilitiesRegulation 56 Price control and cost accounting obligationsRegulation 57 Termination ratesRegulation 58 Regulatory treatment of new very-high-capacity network elementsRegulation 59 Functional separationRegulation 60 Voluntary separation by vertically integrated undertakingRegulation 61 Commitments procedureRegulation 62 Wholesale-only undertakingsRegulation 63 Migration from legacy infrastructureChapter 5 Regulatory control of retail services (reg. 64)Regulation 64 Regulatory control of retail servicesChapter 6 Publication of information - access obligations (reg. 65)Regulation 65 Publication of notice of obligations and access to informationChapter 7 Notification and monitoring - undertakings with significant market power (reg. 66)Regulation 66 Notification of undertakings designated as having significant market powerChapter 8 Dispute resolution between undertakings (regs. 67-68)Regulation 67 Dispute resolution between undertakingsRegulation 68 Resolution of cross-border disputesPart 9 Universal service obligations (regs. 69-78)Regulation 69 Definition (Part 9)Regulation 70 Affordable universal service DesignationRegulation 71 Provision of affordable universal serviceRegulation 72 Availability of universal service and designationRegulation 73 Status of existing universal serviceRegulation 74 Control of expenditureRegulation 75 Cost of universal service obligationsRegulation 76 Financing of universal service obligations and transparencyRegulation 77 Additional mandatory servicesRegulation 78 Notification of universal service obligationsPart 10 Access to numbers and services, and related provisions (regs. 79-83)Regulation 79 Numbering resourcesRegulation 80 Procedure for granting rights of use for numbering resourcesRegulation 81 Fees for rights of use for numbering resourcesRegulation 82 Missing children and child helpline hotlinesRegulation 83 Access to numbers and servicesPart 11 End-User Rights (regs. 84-97)Regulation 84 Exemption of certain microenterprisesRegulation 85 Non-discriminationRegulation 86 Fundamental rights safeguardRegulation 87 Information requirements for contractsRegulation 88 Transparency, comparison of offers and publication of informationRegulation 89 Contract duration and terminationRegulation 90 Provider switching and number portabilityRegulation 91 Bundled offersRegulation 92 Availability of servicesRegulation 93 Emergency communications and single European emergency numberRegulation 93A Public Warning SystemRegulation 94 Equivalent access and choice for end-users with disabilitiesRegulation 95 Directory enquiry servicesRegulation 96 Interoperability of car radio and consumer radio receivers and consumer digital television equipmentRegulation 97 Provision of additional facilitiesPart 12 Provision and publication of information, surveys and consultation mechanism (regs. 98-103)Regulation 98 Information request to undertakingsRegulation 99 Information required with regard to general authorisation, rights of use and specific obligationsRegulation 100 Geographical surveys of network deploymentsRegulation 101 Consultation and transparency mechanismRegulation 102 Consultation of interested partiesRegulation 103 Notices regarding imposition of obligationsPart 13 Enforcement (regs. 104-110)Regulation 104 DirectionsRegulation 105 Compliance monitoring and obligationsRegulation 106 Service of determinations, directions and notificationsRegulation 107 Prosecution of offencesRegulation 108 PenaltiesRegulation 109 Offences by bodies corporateRegulation 110 Suspension or withdrawal of authorisation, rights of use for radio spectrum or rights of use for numbersPart 14 Amendment of Act of 2002, consequential Amendments and transitional arrangements (regs. 111-116)Regulation 111 Amendments - Act of 2002Regulation 112 Consequential amendmentsRegulation 113 Transitional arrangementsRegulation 114 Transitional provision where Regulator has notified proposed withdrawal of authorisation or suspension or withdrawal of rightsRegulation 115 Transitional provision where certain applications have been madeRegulation 116 RevocationsSchedule 1 List of conditions which may be attached to general authorisations, rights of use for radio spectrum and rights of use for numbering resourcesSchedule 2 Criteria for determination of wholesale voice termination ratesSchedule 3 Criteria for assessing co-investment offersSchedule 4 Minimum set of services which adequate broadband internet access service in accordance with Regulation 70(2) shall be capable of supportingSchedule 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 76Schedule 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 underExplanatory Note
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Regulation 22 Harmonisation procedures
(1) The Regulator and other competent authorities shall, in carrying out their tasks under these Regulations, take the utmost account of any recommendations of the European Commission adopted under Article 38(1) of the Directive.
(2) Where the Regulator or other competent authority chooses not to follow any such recommendation, it shall inform the European Commission giving the reasons for its position and shall so inform the Minister.