Communications Regulation Act 2002

Interpretation ( Part 5).

52

52.—(1) In this Part, except where the context otherwise requires—

“Act of 2000” means Planning and Development Act, 2000;

F104 [ authority means NRA or a road authority, as the case may be; ]

F105 [ consent means a consent granted by an authority under section 53(3) or, in the case of emergency roadworks, deemed to be granted under section 53(4) ; ]

“duct” means a pipe or tube for the carriage of electronic communications infrastructure;

“electronic communications infrastructure” means any part of an electronic communications network;

“emergency roadworks” means roadworks necessary to eliminate or reduce danger or risk to persons or property;

“land” includes seashore, land covered with water (whether inland or coastal), foreshores and any interest or right in or over land;

“network operator” means any person who provides or operates an electronic communications network;

F106 [ NRA means National Roads Authority; ]

F107 [ physical infrastructure means infrastructure which is capable of supporting electronic communications infrastructure including buildings, entries to buildings, wiring both inside and outside buildings, masts, antenna, poles, towers and other supporting constructions, ducts, conduits, manholes, cabinets and rights of way over land but does not include electronic communications infrastructure; ]

“physical infrastructure provider” means a network operator or any other person which allows any part of its physical infrastructure to be used by any other network operator for the provision of electronic communications services;

“physical infrastructure sharing” means the sharing of the use of all physical infrastructure for the purpose of providing electronic communications services;

“planning authority” has the meaning assigned to it by the Act of 2000;

F108 [ public road means a national road, regional road or local road;

road , national road , regional road and local road have the meanings assigned to them, respectively, by the Roads Act 1993;

road authority has the meaning assigned to it by section 2 (inserted by section 11 of the Roads Act 2007 ) of the Roads Act 1993 ;

roadworks means the opening of a public road or any act or work that requires or causes the closing of a public road or part of a public road, including the opening or closing of a public road or part of a public road for the purposes of opening ducts, for the purpose of the establishment, extension, replacement, repair, removal or maintenance of works on electronic communications infrastructure. ]

(2) In this Part a reference to the Commission shall be construed before the establishment day as a reference to the Director.

(3) For the avoidance of doubt this Part comes into operation on the passing of this Act.

Annotations

Amendments:

F104

Inserted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(1)(a), commenced on enactment.

F105

Substituted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(1)(b), commenced on enactment.

F106

Inserted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(1)(c), commenced on enactment.

F107

Inserted (1.07.2011) by European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011), reg. 39.

F108

Substituted (16.03.2010) by Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 (2/2010), s. 21(1)(d), commenced on enactment.