Electronic Communications: Legal and Regulatory Aspects:
Why is this important?
The telecommunications sector has been driven by enormous changes over the past decade. The advent of the internet and increased convergence of fixed/mobile services has facilitated significant change in the ways we communicate socially and at work. Advances in technology present opportunities for improved communications for people with disabilities.
The Department’s Communications Strategy (2005-2007) sets out the core policy goal
“To contribute to sustained macro-economic growth and competitiveness and to ensure that Ireland is best placed to avail of the emerging opportunities provided by the information and knowledge society, by promoting investment in state-of-art infrastructures, by providing a supportive legislative and regulatory environment, and by developing a leading edge research and development reputation in the information, communications and digital technologies sectors”
It further highlights as a strategic objective to promote increased Information Society inclusion at both the regional and community based level, including supporting the implementation of the Government’s framework document in the area of information society.
In developing policy and legislation on electronic communications it is important to ensure that the needs of people with disabilities are fully considered.
What is the current position?
Electronic Communications Sector is a fully liberalised sector, which is regulated by an independent Regulator, the Commission for Communications Regulation (ComReg), in accordance with an EU Regulatory Framework, which has been transposed into Irish law.
The Department is responsible for strategic policy and legislation for the sector. EU law sets out the processes under which ComReg may place obligations including those in relation to people with disabilities. These are set out below.
Role of ComReg: ComReg is responsible for the regulation of the electronic communications sector (telecommunications, radiocommunications and broadcasting transmission) and the postal sector.
The regulatory framework only permits the imposition of specific regulatory requirements in relation to people with disabilities on the Universal Service Provider (currently eircom). Additionally such requirements may only be imposed in connection with services within the scope of the Universal Service Obligation. Accordingly obligations may not be placed on other providers of fixed services, mobile services or broadband.
Current legislative position:
The Communications (Regulation) Act 2002, identifies the following objectives for ComReg in relation to users with disabilities.
Section 12 states
…
(2) In relation to the objectives referred to in subsection (1)(a), the Commission shall take all reasonable measures which are aimed at achieving those objectives, including—
(a) in so far as the promotion of competition is concerned—
(i) ensuring that users, including disabled users, derive maximum benefit in terms of choice, price and quality,
…
(c) in so far as the promotion of the interests of users within the Community is concerned—
(vi) addressing the needs of specific social groups, in particular disabled users
EU Regulatory Framework
A Regulatory Framework was transposed into Irish law in 2003 including the European Communities (Electronic Communications Networks and Services)(Universal Service and Users' Rights) Regulations 2003 (S.I. 308 of 2003).
Under these Regulations, ComReg has specific powers in relation to the provision of telephony service by the designated Universal Service Provider (currently eircom).
Universal Service relates to the provision of a defined minimum set of telephony services including functional (narrowband) internet access, payphones, directory services) to all end-users at an affordable price.
These powers are set out in Section 6 of the Regulations which states;
6. “(1)The Regulator may with the consent of the Minister, specify obligations applicable to designated undertakings, designated for the purpose of ensuring that disabled end-users can enjoy access to and affordability of publicly available telephone services, including access to emergency services, directory inquiry services and directories, equivalent to that enjoyed by other end-users.
(2) The Regulator may specify the terms and conditions to be complied with by designated undertakings for the purpose of ensuring that disabled end-users can take advantage of the choice of undertakings and service providers available to the majority of end-users.
Obligations currently imposed on eircom:
Following public consultation, ComReg designated eircom as the Universal Service Provider (USP) for a period of three years, commencing on 25 July 2003. The following specific measures were required in relation to users with disabilities;
eircom Code of Practice: eircom were required to develop and publish, in consultation with appropriate representative bodies and with the agreement of ComReg, a Code of Practice governing its provision of services to users with disabilities. The code sets out policy for the provision of such services, and includes details regarding any special schemes offered and the availability of services.
The resultant eircom Code of Practice for the Provision of Services to Users with Disabilities is publicly available on the eircom company website; http://www.eircom.ie/bveircom/pdf/code_of_practice_disability.pdf
The services as required by the above are being provided by eircom who provide some details in the telephone directory but full details may be obtained by dialling Customer Service “1901” and asking for “Service Enquiry”.
Public Pay Telephones
eircom are required to that ensure the accessibility of such telephones to users with disabilities, in accordance with any measures that may be required by ComReg in accordance the Universal Service and Users’ Rights Regulations 2003
Specific Measures for users with disabilities:
eircom have the following obligations with respect to the provision of services to users with disabilities:
For users that are hearing impaired:
- Inductive couplers which allow users with a hearing aid set to connect it to their telephone in order to allow them to hear incoming speech clearly.
- Amplifier phones which allow the user to increase the volume of incoming speech.
- Teleflash Visual Alert which shows a flashing light, or makes a loud noise when the phone rings.
For users that are hearing and/or speech impaired:
- A Text Relay Service which provides for the receipt and translation of voice messages into text and the conveyance of that text to the textphone of customers of any operator, and vice versa.
- A rebate scheme whereby, as a result of the time taken to make a text telephone call, equality of payment for deaf text telephone users can be assured.
For users with limited dexterity or mobility:
- Push button telephones with speed and automatic redial buttons to allow pre-programmed numbers (typically the most called) or last called numbers to be dialled without having to re-enter the number.
- Hands free/loudspeaker phones which mean that the handset does not need to be used at all.
For users with restricted vision:
- Restricted vision telephones which can help people with restricted vision to other numbers more easily.
- Braille billing free of charge.
- Special directory enquiries which allows those unable to use the phone book because of a disability to use a directory enquiry service free of charge.
- Directory enquiries: eircom were required submit proposals to ComReg as to how its directory enquiry service can be made available to Minicom users.
Other telecommunication service Providers
Services are also provided by a number of other service providers without specific measures being imposed by ComReg. A number of service providers in both the fixed and mobile sectors have developed a number of services to improve accessibility for users with disabilities. Services which are available include specific handsets with software to convert text to voice and to facilitate menu navigation and braille billing. In addition service providers consult with representative groups on a regular basis.
ComReg Consumer Panel: ComReg established a Consumer Panel in March 2003, including a representative from the National Disability Authority
ComReg’s website: www.AskComReg.ie provides consumers with information on telecommunications and postal services. ComReg is committed to ensuring accessibility of its website for people with disabilities through assistive technologies. The site conforms to the W3C/WAI’s web content accessibility guide 1.0 conformance level AAA. There are additional details on the website relating to topics such as;
- Access Keys
- Shortcut Links
- Links, Images and Tables
- Text Only / High Visibility Layout & Colours
- Printer Friendly Pages
- Changing Your Browser Settings
- Downloads
- Standards
- Internet Content Rating Association (ICRA) Labelling
- Assistive Technologies
The AskComReg.ie Accessibility Statement is available from the website at;
http://www.askcomreg.ie/home/Accessibility.31.LE.asp
Complaints Procedure: Under the Communication (Regulation) Act 2002, ComReg has been given a function to investigate consumer complaints. Procedures for making complaints, including: complaining to your operator; lodging your complaint/query with ComReg; complaints about postal services; are available on www.askcomreg.ie. Information for consumers in the form of Consumer Guides are also available on the website.
What are the key issues moving forward?
Review of EU Regulatory Framework:
The Department will ensure that the needs of people with disabilities are considered in the review of EU regulatory framework for Electronic Communications and Services [Timeline for review 2006-2007]
Transposition of a new EU Regulatory Framework:
The Department will ensure the transposition any new Regulatory Framework, including any provisions relating to people with disabilities, within the deadline set at EU level.
Emergency Call Service:
The Department intends to tender in 2006 to identify a suitable provider of an emergency call answering service. The issue of the access to the emergency call answering service by people with disabilities will be examined as part of the identification of the new service provider.
Coordination with other Departments and Agencies:
The Department will fully cooperate with other Departments and Agencies and interested stakeholders in relation in relation to disability matters, including any coordination mechanisms set up as a result of the 2006 Census. [Timeframe: Ongoing]
Highlighting disability issues with industry:
In addition to any regulatory obligations, the Department will work with the Regulator and industry to seek to maximise the voluntary delivery by industry for people with disabilities (timeframe: ongoing)
Empowering ComReg:
The Department will monitor the compliance by ComReg of its legislative responsibilities in relation to people with disabilities and will ensure that ComReg has all the necessary powers to carry out its functions.
Actions which ComReg plans to take
Review of Universal Service Obligations:
ComReg, following a public consultation process open to all, will complete its review of the Universal Service Obligations, including regulatory measures for people with disabilities [timeframe: 3rd quarter 2006]
Access to Communications Services:
ComReg will continue to work with industry, including those not covered by Universal Service Obligations, to promote and encourage service providers to ensure that services are accessible for people with disabilities [Timeframe: Ongoing]
Availability of information on services accessible by people with disabilities:
ComReg, following consultation with interested stakeholders, will seek to ensure that information on the availability of accessible services will be widely available [timeframe: end 2006]
ComReg Consumer Advisory Panel:
ComReg will ensure that a representative specifically concerned with the interests of people with disabilities will be on its Consumer Advisory Panel [Ongoing]
Consultation with disability representative groups:
ComReg, through all consultation mechanisms available to them, will continue to engage with disability representative groups and will encourage service providers to continue their consultations with representative groups in the development of new products and services. [Timeframe: Ongoing]
Billing:
ComReg will work with service providers to develop effective billing arrangements for people with disabilities. [mid 2007]
Reporting:
ComReg, following consultation with disability representative groups and disability stakeholders, will report in their annual reports and starting from July 2007 report to the Minister annually on the status of measures to promote the interests of users with disabilities in the context of ComReg’s statutory objectives. [Annual]
Coordination with other Departments and Agencies:
ComReg will fully co-operate with Government Departments and State Agencies, in relation to disability matters within the scope of its powers. [timeframe ongoing]
Access to ComReg’s website:
ComReg’s will continue to ensure accessibility of its website www.AskComReg.ie , for people with disabilities through assistive technologies. [Timeframe: ongoing]
ComReg complaints procedure:
ComReg will continue to ensure that its complaints procedure is available to people with disabilities. [Timeframe: ongoing]
ComReg work programme:
ComReg will continue to consider disability issues when preparing its annual Work Programmes.
Postal Services
Why is this Important?
The Postal Regulations describes the universal service as a ‘right’, ‘involving the permanent provision of a postal service of a specified quality ..... at affordable prices for all users’ and places a statutory obligation on the universal service provider to provide on every working day, and not less than five days a week, as a minimum, one clearance and one delivery to the home or premises of every natural or legal person in the State. Furthermore it enables ComReg to issue directions to a universal service provider “to ensure that the density of the points of contact and of access points takes account of the needs of users.”
An Post, the Universal Service Provider of postal services, was established by the Postal and Telecommunications Services Act, 1983. Under the act, the Minister and the Minister for Finance are the shareholders of the company. Its board and management are responsible for ensuring compliance with its statutory obligations.
What is the Current Position ?
Regulatory Framework
The EC Postal Directive forms the basis for the current postal regulations - the European Communities (Postal Services) Regulations, 2002, S.I. No.616 of 2002. The Directive, among other issues, establishes a harmonised regulatory framework for postal services throughout the European Union and for securing improvements in the Quality of Service provided.
The Postal Regulations set out a very broad framework of the universal service requirement. A function of ComReg is to implement these Regulations; where required, taking account of the modern needs of business and domestic consumers in tandem with ensuring that the Universal Postal Service remains a protected and viable service nationwide.
Obligations Imposed on An Post as USP
Under Regulation 8 (1) (b) of the Postal Regulations An Post as a universal service provider has reserved to it “the free postal service for blind and partially sighted persons operated by An Post from time to time”. This reflects the provisions as set out in the EU postal directives.
An Post provides a free postal service for blind and partially sighted people. This obligation is born out of the historical importance of mail as a medium for communication for blind and partially sighted people given their reliance on Braille and more recently audio tapes which by their very nature tend to make postal packets weighty and therefore prohibitively expensive. Full details may be accessed at An Post’s website http://www.anpost.ie/AnPost/MainContent/
Personal+Customers/Sending+Mail/Articles+for+The+Blind/
In Decision Notice D11/03 ComReg set out a number of issues concerning the rights of consumers, such as access to Postal services, the guarantee of daily delivery, the publication of information about what is on offer, and complaints procedures.
In relation to delivery access, An Post is required to deliver post every working day. For collection points, maximum limits have been placed on the distances users should have to travel. These limits are 1km in urban areas and 3km for rural areas.
In summary, items containing certain literature and articles adapted for blind or partially sighted people can be sent free of charge, once they are clearly and specifically marked as such (i.e. "Articles for the Blind" when sending nationally, or "Cécogrammes" (BLIND LITERATURE) when using international mail services), and meet the weight (7kg) and size requirements (same as letter requirements) imposed. Additionally, national mail services packages must be posted either without a cover or in a cover which can be easily removed for the purpose of examination.
ComReg recently clarified this requirement in the recently published response to consultation 05/85 The Universal Postal Service - A Working Definition:
“The 2002 Regulations, the UPU letter post Convention and the Postal Services Directive all make special provision for services to the blind. Therefore ComReg is required to ensure that free services for blind and partially sighted people are provided by the USP. As such these services will be included in the working definition.”
What are the key postal issues moving forward?
Department:
Review of EU Regulatory Framework: The Department will continue to press at EU level for consideration of the needs of people with disabilities in the review of the postal directive currently underway. It is expected that a draft postal directive will be presented by the Commission to the European Parliament at the end of the year.
Transposition of a new EU Regulatory Framework: The Department will ensure the transposition any new postal directive into national legislation, including any provisions relating to people with disabilities, within the deadline set at EU level.
Coordination with other Departments and Agencies: The Department will fully cooperate with other Departments and Agencies and interested stakeholders in relation in relation to disability matters. [timeframe ongoing]
Empowering ComReg: The Department will monitor the compliance by ComReg of its legislative responsibilities in relation to people with disabilities and will ensure that ComReg has all the necessary powers to carry out its functions
Actions which ComReg plans to take
Regulation of Postal Industry:
ComReg will continue to consider issues in relation to disability and access in the regulation of the postal industry commensurate with its powers [timeframe: ongoing]
Access to Postal Services:
ComReg will work with industry, including those not covered by Universal Service Obligations, to promote and encourage service providers to ensure that services are accessible for people with disabilities [timeframe: ongoing]
Coordination with other Departments and Agencies:
ComReg will fully co-operate with Government Departments and State Agencies, in relation to disability matters within the scope of its powers. [timeframe ongoing]
Access to ComReg’s website:
ComReg’s will continue to ensure accessibility to its website www.AskComReg.ie, for people with disabilities through assistive technologies. [Timeframe: ongoing]
ComReg’s postal expert group, shall in its deliberations take the interests and needs of the people with disabilities into account [ongoing]
ComReg complaints procedure:
ComReg will continue to ensure that its complaints procedure is available to people with disabilities. [Timeframe: ongoing]
ComReg work programme:
ComReg will continue to consider disability issues when preparing its annual Work Programmes, and will report on progress in its annual reports.
Actions which an Post Plans to Take
There is a dedicated team within An Post assessing the scope of the work required to comply with the legislation. This will include the preparation of a budget and a programme of work for delivery over the next three years to address shortfalls in access conditions for people with disabilities at Company Branch Offices. This programme will substantially address the outstanding access issues at Company owned Retail offices within a two-year period subject to necessary approvals (i.e. planning permission, etc) being received in a timely manner.
With regard to the Sub Post Offices the company has a policy in place whereby new appointees are required to have their premises accessible to people with disabilities.
In other Sub Post Offices which are not currently compliant, An Post will bring this matter to the attention of the appointee (Postmaster / Postmistress). However, for existing contracts, some of which have been in place for 50 years, An Post is not in a position to force them to alter their premises. The company will encourage such appointees to take the initiative and address any access problems they may have at their premises on a voluntary basis.
With the above mentioned stipulation for new appointees in place, accessibility issues for sub post offices will be addressed on an ongoing basis.
An Post will report on progress on disability issues in its annual report