Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

3.

Definitions ( Part 2).

3.— In this Part—

“Act of 2007” means Communications Regulation (Amendment) Act 2007;

“broadcasting service” has the meaning assigned to it by the Broadcasting Act 2009;

“end user” has the meaning assigned to it by section 13 (5) ;

“facility” in relation to the provision of premium rate services, includes a facility—

( a) for making a payment for goods or services,

( b) for entering a competition or claiming a prize,

( c) for registering a vote or recording a preference, or

( d) for enabling access to a premium rate service;

“licence” means a premium rate service licence;

“Minister” means Minister for Communications, Energy and Natural Resources;

“premium rate service” means a service having all of the following characteristics:

( a) it consists in the provision of the contents of communications (other than a broadcasting service) through an electronic communications network or by using an electronic communications service, which may include or allow the use of a facility made available to the users of the service,

( b) there is a charge for the provision of the service which exceeds the cost attributable to communications carriage alone, and

( c) the charge referred to in paragraph (b) is paid by the end user of the service directly or indirectly to the provider of the electronic communications network or electronic communications service used in connection with the provision of the service by means of a billing or other agreed payment mechanism;

“premium rate service licence” means a licence authorising a premium rate service provider to provide a premium rate service under and in accordance with section 6 ;

“premium rate service provider” means a person who does any or all of the following, for gain:

( a) provides the contents of a premium rate service,

( b) exercises editorial control over the contents of a premium rate service,

( c) packages together the contents of a premium rate service for the purpose of facilitating its provision,

( d) makes available a facility as part of a premium rate service,

( e) transfers a premium rate service from a content provider to one or more electronic communications networks, or

( f) provides the electronic communications service over which a premium rate service is provided, or provides the electronic communications network over which a premium rate service is transmitted;

“Regtel” means Regulator of Premium Rate Telecommunications Services Limited formed under the Companies Acts on 1 June 1995 (registration number 234027);

“specified premium rate service” means a premium rate service which is a premium rate service specified in regulations under section 7 as being a premium rate service which is required to be licensed under section 6 .