Telecommunications (Miscellaneous Provisions) Act 1996

Tariff regulation.

7

7. (1) In this section—

basket of telecommunications services” means any telecommunications service or a grouping of such services as prescribed by order made from time to time by F8 [ the Commission ] in accordance with this Act for the purpose of regulating charges for those services;

price cap” means an overall limit on the annual percentage change in charges that can be imposed for any basket of telecommunications services, provided by any provider of telecommunications services, which is calculated in accordance with the following formula:

overall limit”= (Δ CPI) — X, where:

(Δ CPI)” means the annual percentage change in the CPI;

CPI” means the consumer price index number as compiled by the Central Statistics Office;

X” means the adjustment specified by F8 [ the Commission ];

telecommunications service” includes—

( a) any communication service or combination of such services of any kind, whether delivered by wire, radio, fibre optics or any other means, and

( b) all connections, equipment, facilities, apparatus or other delivery or receipt mechanisms within a connected system or network or individually operated to furnish such services or the making available of such connections, equipment, facilities, apparatus or other delivery or receipt mechanisms individually or collectively.

(2) Subject to subsection (3), F8 [ the Commission ] may make an order specifying—

( a) a price cap in respect of one or more than one basket of telecommunications services, and

( b) any restrictions or adjustments that may apply to each such basket or baskets or to the price cap formula concerned.

(3) An order under this section shall not be made unless F8 [ the Commission ] is of the opinion that—

( a) there is no competition in the market for the supply of the telecommunications services concerned, or

( b) the provider of the telecommunications services concerned holds a dominant position in the market for the supply of those services.

(4) For the purposes of this section, F8 [ the Commission ] may request in writing a provider of telecommunications services to provide information to him or her about the services provided by that provider.

(5) F9 [ ]

(6) F9 [ ]

(7) F9 [ ]

(8) For the avoidance of doubt, where the value of a price cap is negative that value shall represent the minimum percentage reduction which shall take place in charges that can be imposed for any basket of telecommunications services provided by any provider of telecommunications services.

Annotations:

Amendments:

F8

Substituted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10, item 2(a), S.I. No. 224 of 2007.

F9

Repealed (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 4(2) and sch. 1 part 10, item 2(b), S.I. No. 224 of 2007.

Modifications (not altering text):

C3

Functions under section (other than subs. (5)) transferred from the Director to the Commission (15.05.2007) by Communications Regulation Act 2002 (20/2002), s. 9 and sch. 1 part 1 item 9, as substituted by Communications Regulation (Amendment) Act 2007 (22/2007), s. 18, S.I. No. 224 of 2007.

Transfer of functions.

9.—(1) On the establishment day there is transferred to the Commission the functions of the Director by or under—

(a) each of the provisions mentioned in column (3) of Part 1 of Schedule 1 of the enactments mentioned in column (2) of that Part opposite the mention of that provision, and

...

(4) Reference in a transferred function to the Director or the Minister (construed by virtue of section 4 of the Act of 1996 as a reference to the Director) shall, from the establishment day, be construed as a reference to the Commission.

[SCHEDULE 1

Related Enactments for the Purposes of this Act

PART 1

Acts

...

(9) the Telecommunications (Miscellaneous Provisions) Act 1996, sections 1 and 7 (subsection (5) excepted).

... ]

Editorial Notes:

E45

Power pursuant to subs. (2) exercised (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), in effect as per art. 1(2), subject to transitional provision in art. 4.

E46

Previous affecting provision: power pursuant to subs. (2) exercised (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), in effect as per art. 1(2); revoked (1.10.2007) by Telecommunications Tariff Regulation (Revocation) Order 2007 (S.I. No. 665 of 2007), art. 3, in effect as per art. 1(2), subject to transitional provision in art. 4.

E47

Previous affecting provision: power pursuant to subs. (5) exercised (1.01.2000) by Telecommunications Tariff Regulation (Modification) Order 1999 (S.I. No. 438 of 1999), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(3).

E48

Previous affecting provision: directions for carrying out functions under section provided (25.03.1999) by European Communities (Voice Telephony and Universal Service) Regulations 1999 (S.I. No. 71 of 1999), reg. 8(3); revoked (25.07.2003) by European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 (S.I. No. 307 of 2003), reg. 38(3)(g), in effect as per reg. 1(2).

E49

Previous affecting provision: power pursuant to section exercised (1.01.1997) by Telecommunications Tariff Regulation Order 1996 (S.I. No. 393 of 1996), in effect as per art. 1(2); revoked (4.02.2003) by Telecommunications Tariff Regulation Order 2003 (S.I. No. 31 of 2003), art. 1(4).