Transposition of the Telecommunications Regulatory Reform Package
The Minister for Communications, Energy and Natural Resources, Pat Rabbitte T.D. has signed the following 5 Regulations which transpose the EU regulatory framework for telecommunications into law. A copy of the Regulations may be accessed by clicking on the following links.
· European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011).
These Regulations establish a framework for the regulation of electronic communications services, electronic communications networks, associated facilities and associated services.
· European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011).These Regulations establish a regulatory framework for the relationships among suppliers of networks and services that will result in sustainable competition, interoperability of electronic communications services and consumer benefits.
· European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011). These Regulations facilitate the freedom to provide electronic communications networks and services through the harmonisation and simplification of authorisation rules and conditions.
· European Communities (Electronic Communications Networks and Services)(Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011). These Regulations, inter alia, ensure the provision of specified electronic communications services and the affordability of those services.
· European Communities (Electronic Communications Networks and Services)(Privacy and Electronic Communications) Regulations 2011 (S.I. No. 336 of 2011). These Regulations deal with data protection issues connected with electronic communications networks and services.
The Regulations are effective from 1 July 2011.
Background
The electronic communications sector underpins the whole of the economy and at an EU level is supported by a regulatory framework. That framework consists of five Directives which were agreed in 2002 and entered into force in Ireland in 2003. Telecommunications is a fast moving sector and since 2002 major developments in technology and services have occurred. To ensure that the regulatory framework continues to serve the best interests of consumers and industry, the regulatory package was reformed through two years of negotiation at European level. A revised package was agreed by the European Parliament and the Council of Ministers and came into force in December 2009. This package consists to the following two Directives:-
Better Regulation Directive (Directive 2009/140/EC of the European Parliament and of the Council of 25 November 2009)
This Directive amends the following 3 Directives which were agreed in 2002 –
· Framework Directive which established the objectives of a framework to regulate electronic communication networks and services.
· Authorisation Directive which creates a legal framework to allow the freedom to provide electronic communications networks and services.
· Access Directive which covers access to and interconnection arrangements between publicly available electronic communications networks.
Citizens’ Rights Directive (Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009)
This Directive amends the following 2 Directives which were agreed in 2002 –
· Universal Services Directive which ensures that a defined minimum set of services is provided to all end-users at an affordable price.
· E-Privacy Directive which protects the fundamental rights and freedoms of citizens with regard to automated storage and processing of data.
Aims of the changes introduced
The aims of the changes introduced by the two new Directives are -
· the consistent and effective regulation of the sector throughout the European Union,
· strengthening the rights of users, particularly disabled users,
· creating the right conditions to promote development of the single market,
· promoting the efficient and effective use of radio spectrum through more flexible assignment mechanisms and rights of use,
· encouraging investment in new and existing infrastructure, and
· enhancing the security and reliability of communications networks.
Twelve important reforms have been identified as being at the centre of the revised regulatory framework and are set out in the following link:
· Main provisions of the revised regulatory framework
Transposition of the Directives into Irish Law
In 2003 the original 5 Directives were transposed by way of secondary legislation which was subsequently amended in 2007. In the interests of ensuring that the legislation transposing the EU regulatory framework is as user-friendly as possible, the new draft Regulations consolidate the provisions of the 2003 and 2007 Regulations and incorporate the changes introduced by the Better Regulation and Citizen’s Rights Directive.
Enforcement of the Regulatory Framework
The enforcement of the revised regulatory framework is the responsibility of the Commission for Communications Regulation (ComReg). Responsibility for the enforcement of data protection aspects of the Privacy and Electronic Communications Regulations falls to the Office of the Data Protection Commissioners.
Further information on these bodies is available at :-
http://www.comreg.ie/
http://dataprotection.ie/