Communications Regulation (Amendment) Act 2007

Number 22 of 2007

COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 28 May 2019

This Revised Act is an administrative consolidation of the Communications Regulation (Amendment) Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 22 of 2007

COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section

1. Short title and commencement.

2. Principal Act defined.

PART 2

Amendment of Principal Act, etc.

3. Amendment of section 2 of Principal Act (interpretation).

4. Repeal of section 9 and miscellaneous amendments to other enactments.

5. Amendment of section 10 of Principal Act (functions of Commission).

6. Insertion into Principal Act of new sections 13A to 13E.

7. Insertion into Principal Act of new sections 24A to 24C.

8. Amendment of section 30 of Principal Act (levies and fees).

9. Insertion into Principal Act of new sections 31A to 31C.

10. Insertion into Principal Act of new Part 2A.

11. Substitution of section 43 of Principal Act (prosecution of summary offences by Commission).

12. Amendment of section 44 of Principal Act (notice of Commission of intention to prosecute, etc.).

13. Substitution of sections 45 and 46 of Principal Act.

14. Insertion into Principal Act of new sections 46A to 46E.

15. Insertion into Principal Act of new section 57A.

16. Insertion into Principal Act of new Part 6.

17. Insertion into Principal Act of new Part heading.

18. Substitution of Schedule 1 to Principal Act.

PART 3

Amendment of Electronic Commerce Act 2000

19. Amendment of section 2 of Electronic Commerce Act 2000 (interpretation).

20. Amendment of section 4 of the Electronic Commerce Act 2000 (laying of orders and regulations before Houses of Oireachtas).

21. Substitution of Part 4 of Electronic Commerce Act 2000.

PART 4

Amendment of Competition Act 2002

22. Amendment of section 3 of Competition Act 2002 (interpretation).

23. Amendment of section 4 of Competition Act 2002 (anti-competitive agreements, decisions and concerted practices).

24. Amendment of section 6 of Competition Act 2002 (offence in respect of breach of section 4(1) or Article 81(1) of the Treaty).

25. Amendment of section 8 of Competition Act 2002 (penalties and proceedings in relation to offences under section 6 and 7).

26. Amendment of section 13 of Competition Act 2002 (admissibility of statements contained in certain documents).

27. Amendment of section 14 of Competition Act 2002 (right of action for breaches of competition rules).

28. Amendment of section 18 of Competition Act 2002 (obligation to notify certain mergers and acquisitions).

29. Amendment of section 34 of Competition Act 2002 (provisions for co-operation between the Authority and statutory bodies).

30. Substitution of section 47 of Competition Act 2002.

31. Insertion into Competition Act of new Part 4A.

32. Amendment of Schedule 1 to Competition Act 2002.

SCHEDULE 1

Consequential Amendment of Certain Acts

PART 1

Amendment of Wireless Telegraphy Act 1926

PART 2

Amendment of Post Office (Amendment) Act 1951

PART 3

Amendment of Broadcasting Authority Act 1960

PART 4

Amendment of Wireless Telegraphy Act 1972

PART 5

Amendment of Postal and Telecommunications Services Act 1983

PART 6

Amendment of Broadcasting and Wireless Telegraphy Act 1988

PART 7

Amendment of Radio and Television Act 1988

PART 8

Amendment of Broadcasting Act 1990

PART 9

Amendment of Irish Aviation Authority Act 1993

PART 10

Amendment of Telecommunications (Miscellaneous Provisions) Act 1996

SCHEDULE 2

Consequential Amendment of Certain Statutory Instruments

PART 1

Amendment of European Communities (Telecommunications Infrastructure) Regulations 1997 (S.I. No. 338 of 1997)

PART 2

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1997 (S.I. No. 468 of 1997)

PART 3

Amendment of Wireless Telegraphy (Fixed Wireless Point-to-Multipoint Access Licence) Regulations 1999 (S.I. No. 287 of 1999)

PART 4

Amendment of Wireless Telegraphy (GSM and TACS Mobile Telephony Licence) Regulations 1999 (S.I. No. 442 of 1999)

PART 5

Amendment of European Communities (Conditional Access) Regulations 2000 (S.I. No. 357 of 2000)

PART 6

Amendment of European Communities (Radio Equipment and Telecommunications Terminal Equipment) Regulations 2001 (S.I. No. 240 of 2001)

SCHEDULE 3

Savings and Transitional Provisions

Acts Referred to

Broadcasting Act 1990

1990, No. 24

Broadcasting and Wireless Telegraphy Act 1988

1988, No. 19

Broadcasting Authority Act 1960

1960, No. 10

Central Bank Act 1971

1971, No. 24

Communications Regulation Act 2002

2002, No. 20

Companies Act 1963

1963, No. 33

Competition Act 2002

2002, No. 14

Electronic Commerce Act 2000

2000, No. 27

European Communities Act 1972

1972, No. 27

Irish Aviation Authority Act 1993

1993, No. 29

Ministers and Secretaries (Amendment) (No. 2) Act 1977

1977, No. 28

Post Office Act 1908

8 Edw. 7, c. 48

Post Office (Amendment) Act 1951

1951, No. 17

Postal and Telecommunications Services Act 1983

1983, No. 24

Radio and Television Act 1988

1988, No. 20

Telecommunications (Miscellaneous Provisions) Act 1996

1996, No. 34

Wireless Telegraphy Act 1926

1926, No. 45

Wireless Telegraphy Act 1972

1972, No. 5

Number 22 of 2007

COMMUNICATIONS REGULATION (AMENDMENT) ACT 2007

REVISED

Updated to 28 May 2019

AN ACT TO AMEND THE COMMUNICATIONS REGULATION ACT 2002 TO CONFER ADDITIONAL FUNCTIONS ON THE COMMISSION FOR COMMUNICATIONS REGULATION; TO MAKE FURTHER PROVISION FOR THE ENFORCEMENT OF THAT ACT; TO PROVIDE FOR THE ESTABLISHMENT AND OPERATION OF AN EMERGENCY CALL ANSWERING SERVICE (ECAS); TO AMEND THE ELECTRONIC COMMERCE ACT 2000 WITH RESPECT TO THE REGISTRATION OF DOMAIN NAMES; AND TO MAKE CONSEQUENTIAL AMENDMENTS TO CERTAIN OTHER ACTS AND TO PROVIDE FOR RELATED MATTERS.

[21st April, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Editorial Notes:

E1

Collectively cited Communications Regulations Acts 2002 to 2010 included in European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), sch. 2 (21.09.2011) by European Communities (Birds and Natural Habitats) Regulations 2011 (S.I. No. 477 of 2011), in effect as per reg. 1(3).