Communications Regulation Act 2002
F40 [ Power of Minister to obtain information from undertaking.
13C. — (1) For the purpose specified in section 13A , the Minister may, by notice in writing, require an undertaking to provide the Minister with written information concerning all or any of the following:
( a ) the technical operation or performance of the undertaking ’ s electronic communications service in the context of the relevant electronic communications network;
( b ) the breakdown or malfunctioning of any part of the undertaking ’ s electronic communications service;
( c ) the operation of the undertaking in relation to electronic communications infrastructure.
(2) An undertaking commits an offence if it —
( a ) fails to comply with a requirement made under subsection (1) within the period specified in the notice or within such extended period as the Minister allows, or
( b ) in purporting to comply with such a requirement, provides information to the Minister that the undertaking knows to be false or misleading.
(3) In proceedings for an offence involving a failure by an undertaking to comply with a requirement made under subsection (1) , it is a defence if the undertaking establishes —
( a ) that it did not know and could not be reasonably expected to know or ascertain the required information, or
( b ) that the disclosure of the information was prohibited by a law of the State.
(4) An undertaking that commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding € 5,000.
(5) If, after being convicted of an offence under subsection (2) or this subsection, an undertaking continues to fail to do the relevant act, the person commits a further offence on each day or part of a day during which the failure continues and is liable on summary conviction to a fine not exceeding € 1,000 for each such further offence. However, if an undertaking is tried for 6 or more such further offences that are alleged to have been committed on successive days, the maximum fine that can be imposed for those offences at the trial is € 5,000. ]
Inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 6, S.I. No. 224 of 2007.