Communications

Communications Regulation Background Communications in Ireland has been radically affected by European Union liberalisation rules.  Typically communications had been run by State monopolies in the EU.  The EU liberalised the markets for electronic communications in 1998. The EU legislation provided for universal service for base telephony and narrowband services.  EU deregulation aimed at increasing the role of competition in the telecommunications sector. Formerly post and telephone services were controlled by the Department of Post and Telegraphs directly.  In 1984 Bord Telecom Eireann and An Post were established as State-controlled companies.  In 1996 provision was made for private investment in Telecom Eireann. Since the 1990s government policy has been to open up electric communication networks to competition.  In 1996 the Office of Director of Telecommunications Regulation was established. In 1996 telecommunications was fully liberalised.  Telecommunications (Miscellaneous Provisions) Act 1996 allowed private investment in Telecom Eireann. COMREG The ODTR later became the Commission for Communications Regulation (COMREG). … Read the rest

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Postal Liberalisation A 1997 Directive on the application of competition rules to the postal service required the opening of  the market to competition. Limited services can be reserved for the universal service provider.  The first directive provides for common rules in relation to universal postal service reserved services to the universal service provider,  tariff principles and transparency for accounts quality standards, harmonisation of technical standards and the creation of independent national regulators. The later directives provided for the gradual opening of  markets and the reduction of the reserved area. Full market opening took place in 2011. Prior to 2011, An post had a monopoly in relation to a weight below 50 kg and price up to 2.5 times is the standard basic rate. Regulation The Communications Regulation Postal Services Act 2011 transposed the third postal Directive into Irish law.  It provides a regulatory framework to safeguard the permanent provision of a universal postal service and to encourage competition in a liberalised market. … Read the rest

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Telecommunication Liberalisation The EU framework for liberalisation and telecommunications commenced in 1990. The role of the communications regulator is to promote and protect competition in the market.  The EU policies envisaged that competition would be the primary driver as state monopolies are rolled back. The universal service concept is intended to service remote areas, notwithstanding that it may not be financially attractive, in order to maintain affordable access to universal service. A package of new directives was adopted in 2002.  Where an entity is dominant by having significant market power, the sector-specific regulation applies. Over time, sector-specific regulation has decreased as competition and liberalisation has taken hold and developed. Over the last  25 years, various types of telecommunications media have converged.  Internet and broadband services have converged with telephone and voice services.  Fibre optic cable has replaced copper wires widely.  Telecommunications and information technology have converged as traditional media have fused. … Read the rest

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COMREG Regulation COMREG regulates the postal sector.  An Post was established as a public company in 1984.  Its sole shareholder is the State.  An Post may return or refuse postal packets which do not comply with the terms of its scheme or contains objectionable matter.  Providers of postal services must obtain an authorisation. EU regulations allow for the provision of a compensation fund where the State determines that ESO obligation is an unfair financial obligation.  Granting of authorisations may be subject to ESO requirements regarding the quality and availability of services, obligations not to infringe exclusive or special rights granted to the USP. Third Postal DIrective The Communications Regulation Postal Services Act 2011 transposed the third postal Directive into Irish law.  It provides a regulatory framework to safeguard the permanent provision of a universal postal service and to encourage competition in a liberalised market.  The general principles of regulation are set out.… Read the rest

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Investigatory Powers COMREG has significant investigation powers.  It has wide information gathering powers.  It can carry investigations in relation to matters relating to supply, access to electronic telecommunications and networks.  It can compile and disseminate information. It can collect, compile, extract and publish information from undertakings relating to the provision of electronic services.  COMREG may gather such information as may be required to provide it with information that it considers necessary for its functions.  Failure to disclose is an offence. COMREG can require persons to appear before it to be examined under oath.  Failure to appear is an offence. Authorised officials may visit premises for the purpose of gathering information.  This applies both to electronic communications and postal sector.  It may enter any premises where a service is undertaken, search and inspect the premises, books vehicles and books documents and records found in it. Books and Documents It may require persons to produce documents, records and books relating to the provision of a service, networks or associated facility within the person’s power or control.  … Read the rest

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Licensing of Wireless Telegraphy The Wireless and Telegraphy Acts (first enacted in  1926) provide a general system of licensing of wireless telegraphy broadcasting and receiving equipment.  Generally, a person may not have in his possession any apparatus for wireless telegraphy unless authorised by and licenced under the Acts. He may only use or work the apparatus in accordance with the conditions of the licence. Failure to have the requisite licence is an offence punishable on summary conviction in the District Court but with a further fine on the basis of each day the offence continues. The legislation contains powers to investigate the possession of wireless telegraphy apparatus, issue of search warrants etc. The operation and maintenance of a signalling station broadcasting require consent and licence.  The Minister may prescribe the fees in respect of the various types of receiving and broadcasting licences. RTE The Broadcasting Act, 1960 established the Broadcasting Authority as an independent body in control of RTE, the sole broadcaster. … Read the rest

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