Communications Regulation Act 2002
F50[Power of Commission to obtain information from undertaking.
F51[13D.— (1) The Commission may at any time, by notice in writing, require—
(a) an undertaking,
(b) a person providing a service in a sector closely related to that of the provision of electronic communications networks or services or associated facilities, or
(c) a premium rate service provider,
to provide it with such written information as it considers necessary to enable it to carry out its functions or to comply with a requirement made to it by the Minister under section 13B.
(2) A requirement by the Commission under subsection (1) may include a requirement that the undertaking or person concerned gather together, generate or obtain information for the purposes of providing it pursuant to that requirement.
(3) Any information provided to the Commission in accordance with subsection (1) may be used by the Commission to enable it to carry out any of its functions.
(4) An undertaking or person referred to in subsection (1) that—
(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 Commission allows, or
(b) in purporting to comply with such a requirement, knowingly or grossly negligently provides misleading, erroneous or incomplete information to the Commission,
commits an offence and is liable on summary conviction to a class A fine.
(5) In proceedings for an offence involving a failure by an undertaking or a person referred to in subsection (1) to comply with a requirement made under subsection (1), it is a defence if the undertaking or person establishes that—
(a) the undertaking or person did not know and could not reasonably be expected to know, ascertain or obtain the required information, or
(b) the disclosure of the information was prohibited by a law of the State.]]
Annotations
Amendments:
F50
inserted (15.05.2007) by Communications Regulation (Amendment) Act 2007 (22/2007), s. 6, S.I. No. 224 of 2007.
F51
Substituted (9.06.2023) by Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (4/2023), s. 122, S.I. No. 299 of 2023. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(3) and table ref. no. 1, S.I. No. 662 of 2010.
Modifications (not altering text):
C6
Application of section restricted (9.06.2023) by European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022), reg. 98(1), S.I. No. 300 of 2023.
98. (1) Notwithstanding section 13D or 39 of the Act of 2002, the Regulator or another relevant competent authority may, in writing, require any undertaking providing electronic communications networks, electronic communications services, associated facilities or associated services, any person referred to in Regulation 79 or any public authority for the purposes of Regulation 100, to provide, within such timescales and in conformity with the level of detail specified by the Regulator or the other competent authority, any information, including financial information, that the Regulator or the other competent authority, or BEREC, considers necessary for the purposes of ensuring conformity with the provisions of, or decisions or opinions of the Regulator or the other competent authority adopted in accordance with the Directive, and Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 201814. Any such requirement shall be proportionate to the performance of the task and shall be reasoned.
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