Communications Regulation Act 2002

Objectives of Commission.

12

12.—(1) The objectives of the Commission in exercising its functions shall be as follows—

( a) in relation to the provision of electronic communications networks, electronic communications services and associated facilities—

(i) to promote competition,

(ii) to contribute to the development of the internal market, and

(iii) to promote the interests of users within the Community,

( b) to ensure the efficient management and use of the radio frequency spectrum and numbers from the national numbering scheme in the State in accordance with a direction under section 13 , F29 [ ]

F30 [ ( c ) in relation to the provision of postal services

(i) to promote the development of the postal sector and, in particular, the availability of a universal postal service within, to and from the State at an affordable price for the benefit of all postal service users,

(ii) to promote the interests of postal service users within the Community, and

(iii) subject to subparagraph (i) , to facilitate the development of competition and innovation in the market for postal service provision,

and ]

F31 [ ( d ) to protect the interests of end users of premium rate services. ]

(2) In relation to the objectives referred to in subsection (1)(a), the Commission shall take all reasonable measures which are aimed at achieving those objectives, including—

( a) in so far as the promotion of competition is concerned—

(i) ensuring that users, including disabled users, derive maximum benefit in terms of choice, price and quality,

(ii) ensuring that there is no distortion or restriction of competition in the electronic communications sector,

(iii) F32 [ ]

(iv) encouraging efficient use and ensuring the effective management of radio frequencies and numbering resources,

( b) in so far as contributing to the development of the internal market is concerned—

(i) removing remaining obstacles to the provision of electronic communications networks, electronic communications services and associated facilities at Community level,

(ii) encouraging the establishment and development of trans-European networks and the interoperability of transnational services and end-to-end connectivity,

(iii) F32 [ ]

(iv) co-operating with electronic communications national regulatory authorities in other Member States of the Community and with the Commission of the Community in a transparent manner to ensure the development of consistent regulatory practice and the consistent application of Community law in this field,

and

( c) in so far as promotion of the interests of users within the Community is concerned—

(i) ensuring that all users have access to a universal service,

(ii) ensuring a high level of protection for consumers in their dealings with suppliers, in particular by ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved,

(iii) contributing to ensuring a high level of protection of personal data and privacy,

(iv) promoting the provision of clear information, in particular requiring transparency of tariffs and conditions for using publicly available electronic communications services,

(v) encouraging access to the internet at reasonable cost to users,

(vi) addressing the needs of specific social groups, in particular disabled users, and

(vii) ensuring that the integrity and security of public communications networks are maintained.

F33 [ (2A) In relation to the objectives referred to in subsection (1)( c ) , the Commission shall take all reasonable measures aimed at achieving those objectives, including

( a ) establishing such monitoring and regulatory procedures for the purposes of ensuring compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 as are necessary to secure the provision of a universal postal service,

( b ) ensuring that postal service users may avail of a universal postal service that meets their reasonable needs,

( c ) in so far as the facilitation of competition and innovation is concerned, ensuring that postal service users derive maximum benefit in terms of choice, price and quality, and

( d ) in so far as the promotion of the interests of postal service users within the Community is concerned

(i) ensuring a high level of protection for postal service users in their dealings with postal service providers, in particular by

(I) ensuring the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved, and

(II) consulting and cooperating with the National Consumer Agency as appropriate,

and

(ii) addressing the needs of specific social groups, in particular, disabled postal service users. ]

(3) In carrying out its functions, the Commission shall seek to ensure that measures taken by it are proportionate having regard to the objectives set out in this section.

(4) In carrying out its functions, the Commission shall, without prejudice to F30 [ subsections (1), (2), (2A) and (3) ] , have regard to policy statements, published by or on behalf of the Government or a Minister of the Government and notified to the Commission, in relation to the economic and social development of the State.

(5) In carrying out its functions, the Commission shall have regard to international developments with regard to electronic communications networks and electronic communications services, associated facilities, postal services, the radio frequency spectrum and numbering.

(6) The Commission shall take the utmost account of the desirability that the exercise of its functions aimed at achieving the objectives referred to in subsection (1)(a) does not result in discrimination in favour of or against particular types of technology for the transmission of electronic communications services.

(7) In this section, “national numbering scheme” means the scheme administered by the Commission which sets out the sequence of numbers or other characters used to route telephony traffic to specific locations.

Annotations:

Amendments:

F29

Repealed (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(b)(i), S.I. No. 234 of 2010.

F30

Substituted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 10(a) and (c), commenced on enactment.

F31

Inserted (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(b)(iii), S.I. No. 234 of 2010.

F32

Repealed (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 41(1).

F33

Inserted (2.08.2011) by Communications Regulation (Postal Services) Act 2011 (21/2011), s. 10(b), commenced on enactment.

Modifications (not altering text):

C4

Reference to “National Consumer Agency” construed (31.10.2014) by Competition and Consumer Protection Act 2014 (29/2014). s. 39(2)(a), S.I. No. 366 of 2014.

Transfer of functions to Commission

39. ...

(2) References in any Act of the Oireachtas passed before the establishment day or in any instrument made before that day under an Act of the Oireachtas to— ...

(b) the Competition Authority, shall, on and after that day, be construed as references to the Commission.

Editorial Notes:

E7

Previous affecting provision: subs. (1)(c) amended (12.07.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 16(b)(ii), S.I. No. 234 of 2010; substituted as per F-note above.