European Communities (Interconnection in Telecommunications) Regulations, 1998
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Interconnection in Telecommunications) Regulations, 1998.
2 Interpretation
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paragraphs: (1) In these Regulations, except where the context otherwise requires—
"Act of 1983" means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983);
"Act of 1996" means the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996);
"Commission" means the Commission of the European Communities;
"Directive" means Directive 97/33/EC of the European Parliament and the Council of 30 June 1997;
"Director" means the Director of Telecommunications Regulation;
"functions" includes powers and duties and references in these Regulations to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;
"interconnection" means the physical and logical linking of telecommunications networks used by the same or a different organisation in order to allow the users of one organisation to communicate with users of the same or another organisation, or to access services provided by another organisation;
"interconnection agreement" means the technical and commercial arrangements agreed between two organisations in relation to interconnection;
"leased lines" means the telecommunications facilities which provide for transparent transmission capacity between termination points on a telecommunications network other than on-demand switching (switching functions which the user can control as part of the leased line provision);
"Member State" means a Member State of the European Communities;
"Minister" means the Minister for Public Enterprise;
"national numbering scheme" means the scheme administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic to specific locations;
"national telecommunications numbering resource" means the resource administered by the Director which sets out the sequence of numbers or other characters which shall be used to route telephony traffic;
"network termination point" means all physical connections and their technical access specifications which form part of the public telecommunications network and are necessary for access to and efficient communication through that network and which are individually identified by numbers allocated from the national numbering scheme;
"organisation" means an organisation authorised by a Member State to provide public telecommunications networks and public telecommunications services;
"public mobile telephony network" means a telecommunications network used inter alia, for the provision of public telecommunications services including public mobile telephony services to mobile users between termination points which are individually identified by numbers allocated from the national telecommunications numbering resource;
"public mobile telephony service" means a telephony service whose provision consists wholly or partly in the establishment of radio communications to one mobile user and makes use wholly or partly of a public mobile telephony network;
"public network" means a public telecommunications network or a public mobile telephony network;
"public telecommunications network" means a telecommunications network used, inter alia, for the purpose of the provision of public telecommunications services between network termination points;
"public telecommunications service" means a telecommunications service available to the public;
"special rights" means rights that are granted by the State to organisations which, within a given geographical area, limit to two or more the number of such organisations authorised to provide a service or undertake an activity, otherwise than according to objective, proportionate and non-discriminatory criteria, or designate, otherwise than according to such criteria, several competing organisations as being authorised to provide a service or undertake an activity, or confer on any organisation or organisations, otherwise than according to such criteria, legal or regulatory advantages which substantially affect the ability of any other organisation to provide the same service or to undertake the same activity in the same geographical area under substantially the same conditions;
"telecommunications network" means the transmission equipment and, where applicable, switching equipment and other resources which permit the conveyance of signals between defined termination points by wire, by radio, by optical or other electromagnetic means;
"telecommunications services" means services whose provision consists wholly or partly in the transmission or routing of signals on a telecommunications network or both transmission and routing;
"Treaty" means the Treaty establishing the European Community signed in Rome on 25 March 1957;
"universal service" means the services which are made available by Bord Telecom Eireann, in accordance with section 14 of the Act of 1983, to all users independent of their geographical location;
"users" means individuals, including consumers or organisations, using or requesting public telecommunications services.
(a) a reference to a regulation is a reference to a regulation of these Regulations,
(b) a reference to a paragraph or a subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, and
(c) a reference to an Article or an Annex is to an Article or Annex of the Directive.
3 Interconnection
4 Rights and Obligations for Interconnection
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paragraphs: (1) An organisation in any of the classes specified in paragraph (2)—
(a) shall have a right to negotiate an interconnection agreement with any other organisation in any of the classes specified in paragraph (2), and
(b) when requested by any other organisation in any of the classes specified in paragraph (2), shall have an obligation to negotiate an interconnection agreement with that organisation.
(a) which are authorised pursuant to the Act of 1983, and which provide all or any of the following:
(b) whose names have been notified to the Commission by other Member States on the basis that those organisations are subject to the provisions of the Directive concerning organisations with significant market power or to which Annex II applies.
(a) that there are technically and commercially viable alternatives to the interconnection requested, and
(b) that the requested interconnection is inappropriate in relation to the resources available to meet the request.
(a) which is designated as having significant market power in accordance with regulation 5, and
(b) which fails to meet a reasonable request for access to the network including access at points other than the termination points offered to the majority of users,
shall be guilty of an offence.
5 Designation of organisations with significant market power
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paragraphs: (1) Subject to paragraphs (2) and (3), an organisation shall be designated by the Director as having significant market power when it has a share of more than 25 per cent of a particular telecommunications market in the geographical area in the State within which the organisation is authorised pursuant to the Act of 1983 to provide services.
(a) that an organisation with a market share of less than 25 per cent in the relevant market has significant market power and any such organisation shall be designated by the Director as having significant market power for the purposes of these Regulations,
(b) that an organisation having a market share of more than 25 per cent in the relevant market has not significant market power.
(a) have been designated by the Director as having significant market power,
(b) provide public mobile telephony networks or public mobile telephony services and have significant market power in the market in the State for interconnection determined in accordance with paragraphs (1) and (3).
(a) the turnover of the organisations concerned,
(b) the control exercised or capable of being exercised by the organisations concerned of the means of access to users,
(c) the access to financial resources of the organisations concerned,
(d) the experience of the organisations concerned in providing products and services in the market.
6 Universal Service
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paragraphs: (1) The Director shall, in accordance with this regulation, determine whether the obligation of Bord Telecom Eireann to provide universal service pursuant to section 14 of the Act of 1983 represents a net cost to that company.
(b) The calculation referred to in subparagraph (a) shall relate to such period of 12 months as may be specified by the Director from time to time.
(a) a fund established for the purpose of sharing the net cost of universal service in accordance with paragraph (4) and administered by or on behalf of the Director to which the organisations specified in subparagraphs (i) and (ii) of regulation 4(2)(a) shall contribute and from which Bord Telecom Eireann shall be reimbursed in respect of any net cost associated with the provision of universal service, or
(b) a supplementary charge added to the charge for interconnection to the public telecommunications network or public telecommunications services of Bord Telecom Eireann.
7 Non-discrimination and transparency
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paragraphs: (1) The organisations specified in regulation 4(2)(a) which have been designated by the Director as having significant market power pursuant to regulation 5 shall:
(a) adhere to the principle of non-discrimination imposed by the Directive with regard to interconnection offered to others and—
(i) shall provide similar conditions in similar circumstances to interconnected organisations providing similar services, and
(ii) shall provide interconnection facilities and information to others under the same conditions and of the same quality as they provide for their own services or those of their subsidiaries or partners;
(b) provide on request such information and specifications to organisations considering interconnection in order to facilitate conclusion of an agreement and the information provided shall include changes planned for implementation within the next six months following that request, unless otherwise agreed by the Director;
(c) provide copies of any interconnection agreements to the Director and such agreements shall, subject to paragraph (3), with the exception of those parts which deal with the commercial strategy of the parties, be made available by the Director to interested parties on a request being made to the Director in accordance with regulation 15, and
(d) ensure that information received from an organisation seeking interconnection is used only for the purpose for which it was supplied and that it shall not be passed to other parts of the organisation concerned or subsidiaries or partners for whom such information could provide a competitive advantage.
8 Principles for interconnection charges and cost accounting systems
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paragraphs: (1) This regulation shall apply to organisations specified in subparagraphs (i), (ii) and (v) of regulation 4(2)(a) which have been designated by the Director as having significant market power in accordance with regulation 5.
(a) charges for that interconnection shall be sufficiently unbundled so that an applicant is not required to pay for anything not strictly related to the service requested and that any charges relating to the sharing of the net cost of providing universal service shall be identified separately,
(b) its cost accounting systems are suitable for implementation of the requirements of this regulation and are documented to a sufficient level of detail as indicated in Annex V, and
(c) that a description of the cost accounting system showing the main categories under which costs are grouped and the approach used for the allocation of costs to interconnection is made available to interested parties on a request being made to the organisation.
9 Accounting Separation and Financial Reports
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paragraphs: (1) Any organisation which provides a public network or a public telecommunications service and which has special or exclusive rights for the provision of services in other sectors within or outside the State—
(a) shall keep a separate audited profit and loss account and audited balance sheet for the telecommunications activities as if these activities were undertaken by a company for the purposes of section 148 of the Companies Act, 1963 (No. 33 of 1963), and
(b) shall ensure that such accounts identify all elements of cost and revenue, with the basis of their calculation and the detailed attribution methods used, related to their telecommunications activities including an itemised breakdown of fixed assets and structural costs, or that the telecommunications activities are identifiable in the accounts.
(a) their activities related to interconnection covering both interconnection provided to their own services and subsidiaries and interconnection services provided to other organisations, and
(b) other activities,
so as to identify elements of cost and revenue with the basis of their calculation and the detailed attribution methods used, related to their interconnection activity, including an itermised breakdown of fixed asset and structural costs.
10 General functions of the Director
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paragraphs: (1) In the exercise of his or her functions under these Regulations, the Director shall encourage and secure adequate interconnection in the interests of all users in a manner that promotes economic efficiency and gives the maximum benefit to users and in doing so shall have regard to:
(a) the need to ensure satisfactory communications for users;
(b) the need to stimulate a competitive market in telecommunications services;
(c) the need to ensure the fair and proper development of a harmonised European telecommunications market;
(d) the need to cooperate with regulatory authorities in other Member States;
(e) the need to promote the establishment and development of trans-European networks and services, and the interconnection of national networks and interoperability of services, as well as access to such networks and services;
(f) the principles of non-discrimination (including equal access) and proportionality, and
(g) the need to maintain and develop universal service.
(a) set conditions which the Director may specify as a condition precedent to the conclusion of an interconnection agreement in the areas listed in Part 1 of Annex VII which said conditions shall be published by the Director in accordance with regulation 15, and
(b) encourage coverage of the issues listed in Part II of Annex VII.
(a) the user interest,
(b) regulatory obligations or constraints imposed on any of the parties,
(c) the desirability of stimulating innovative market offerings, and of providing users with a wide range of telecommunications services in the State and in the European Community,
(d) the availability of technically and commercially viable alternatives to the interconnection requested,
(e) the desirability of ensuring equal access arrangements,
(f) the need to maintain the integrity of the public telecommunications network and the interoperability of services,
(g) the nature of the request in relation to the resources available to meet the request,
(h) the relative market positions of the parties,
(i) the public interest (including but not restricted to the protection of the environment),
(j) the promotion of competition, and
(k) the need to maintain a universal service.
11 Essential Requirements
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paragraphs: (1) Notwithstanding the provisions of this regulation, the Director shall ensure that conditions attached to interconnection agreements are not inconsistent with any measures which may be adopted pursuant to Articles 3(5) or 5(3) of Directive 90/387/EEC in relation to essential requirements.
(a) shall not refuse to negotiate terms for interconnection by reason of any obligations related to the security of network operations or the maintenance of network integrity,
(b) shall ensure that any conditions for interconnection related to the security of network operations or the maintenance of network integrity are proportionate and non-discriminatory in nature and are based on objective criteria, and
(c) shall notify the conditions referred to in paragraph (b) to the Director and the Director may require those organisations, by way of a written direction, to effect changes to such conditions in interconnection agreements.
(a) in order to ensure interoperability of services, including conditions designed to ensure satisfactory end-to-end quality of service and conditions imposed under this regulation may include implementation of specific technical standards or specifications or codes of conduct agreed by operators in the telecommunications market, or
(b) in order to ensure the protection of data to the extent necessary to promote compliance with relevant regulatory or statutory provisions on the protection of data including protection of personal data, the confidentiality of information processed, transmitted or stored and the protection of privacy.
"essential requirements" means non-economic reasons in the public interest which may cause the Director to impose conditions on the establishment or operation of telecommunications networks or the provision of telecommunications services and shall include the security of network operations, the maintenance of network integrity and, where justified, the interoperability of services, data protection, the protection of the environment and town and country planning objectives as well as the effective use of the radio frequency spectrum and the avoidance of harmful interference between radio-based telecommunications systems and other space-based or terrestrial technical systems;
"data protection" includes protection of personal data, the confidentiality of information transmitted or stored and the protection of privacy.
12 Facility sharing
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paragraphs: (1) Notwithstanding paragraph (5), an organisation shall have the right to negotiate a facility sharing agreement with any other organisation and such agreement shall, subject to paragraphs (2) and (3), be a matter for commercial and technical agreement between the parties concerned.
(a) the establishment of telecommunications infrastructure underground, or
(b) the carrying out of maintenance on that infrastructure including repair, replacement or addition or removal of cable or other telecommunications equipment,
and where town planning or environmental control considerations as determined by the relevant road authority could be reasonably expected at some future date to deprive other organisations from applying for or invoking such rights on similar terms, a road authority may require the sharing of unutilised underground telecommunications infrastructure by two or more organisations operating in its functional area as a precondition for the carrying out of such road works by those organisations in any part of its functional area.
(a) such information as the authority may require in relation to the utilisation of underground telecommunications infrastructure owned or operated by it, and,
(c) such access to underground telecommunications infrastructure owned or operated by it as may be necessary,
to enable the road authority exercise its functions under this regulation.
(a) fails to comply with a requirement regarding the sharing of unutilised underground telecommunications infrastructure made by a road authority under paragraph (5), or
(b) fails to comply with a request to provide information or to permit access under paragraph (8),
shall be guilty of an offence.
"road authority" means a road authority within the meaning of the Roads Act, 1993 (No. 14 of 1993);
"public road" means a public road within the meaning of the Roads Act, 1993 ;
"road" means a public road within the meaning of the Roads Act, 1993 ;
"road works" means the opening of any public road for the purpose of the establishment or the undertaking of work on telecommunications infrastructure.
13 Numbering
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paragraphs: (1) The national telecommunications numbering resource shall be administered by the Director, subject to directions issued by the Minister pursuant to paragraph (b) of section 3(7) of the Act of 1996.
14 Technical Standards
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paragraphs: (1) Organisations specified in regulation 4(2)(a) shall take full account of standards listed in the Official Journal of the European Communities as being suitable for the purpose of interconnection.
(a) standards adopted by European standardisation bodies such as the European Telecommunications Standards Institute or the European Committee for Standardisation/European Committee for Electrotechnical Standardisation,
(b) in the absence of the standards referred to in subparagraph (a), international standards or recommendations adopted by the international Telecommunications Union, the International Organisation for Standardisation or the International Electrotechnical Committee,
(c) in the absence of the standards referred to in subparagraphs (a) and (b), such standards as may be approved by the Director having regard to standards in use elsewhere in the European Community.
15 Publication and Access to Information
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paragraphs: (1) With regard to the information referred to in regulations 10(2), 10(7), (11)(8) and 13(7), the Director shall ensure that up to date information is published in an appropriate manner in order to provide easy access to that information for interested parties.
16 Procedures for resolving disputes between organisations operating under authorisations provided by different Member States
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paragraphs: (1) Where an organisation has a complaint against another organisation in relation to interconnection, that organisation may refer the complaint to the national regulatory authority of the Member State that has granted the authorisation to the organisation against which the complaint is made.
(a) any action the Commission or any Member State may take pursuant to the Treaty, or
(b) the rights of the party invoking the procedure in paragraphs (1) to (3) or of any other party under the law of the State;
the procedure set out in paragraphs (1) to (4) shall be available for the resolution of interconnection disputes between organisations operating under authorisations granted by different Member States, where such dispute does not fall within the responsibility of a single national regulatory authority exercising its power in accordance with Article 9.
17 Notifications to the Commission
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paragraphs: The Director shall notify to the Commission by the 31st day of January, 1998, and, in the event of any change, immediately thereafter, the names of those organisations which—
(a) have universal service obligations within the State for the provision of the public telecommunications network telecommunications services and which are authorised to collect directly a contribution to the net cost of universal service, and
(b) are covered by Annex II.
18 Penalties
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paragraphs: (1) An organisation which is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding£1,500.
19 Monitoring of compliance
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paragraphs: (1) An organisation which enters into an interconnection agreement shall provide a copy of the agreement to the Director.
(i) by delivering it to the organisation,
(ii) by leaving it at the address at which the organisation ordinarily resides, or in a case in which an address for service has been furnished, at that address,
(iii) by sending it by post in a prepaid letter to the address at which the organisation ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(b) For the purposes of this paragraph, an organisation which is a company within the meaning of the Companies Act, 1963 to 1990, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
20 Compliance with directions and findings by Director
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paragraphs: (1) This Regulation applies to obligations to comply with a direction issued by the Director under regulations 8(5), 8(9), 8(10), 8 (14), 10 (3), and 10 (4) and a finding by the Director under regulation 10(8).
(a) if no appeal is taken against the direction or finding, on the expiration of the period during which such an appeal may be taken or the day specified in the direction or finding as that on which it is to come into effect, whichever is the later, or
(b) in case an appeal is taken, on the day next following the day on which the direction or finding is confirmed on appeal or the appeal is withdrawn or the day specified in the direction or finding as that on which it is to come into effect whichever is the later.
(a) if the High Court is satisfied that in the circumstances of the case it is reasonable to do so, confirm the direction or finding with or without modification, or
(b) annul the direction or finding.