Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: Citation and Commencement
(1) These Regulations may be cited as the Communications Regulation (Licensing of Premium Rate Services) Regulations 2012.
(2) These Regulations shall come into operation on 5 June 2012
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paragraphs: Interpretation
(1) In these Regulations except where the context otherwise requires:
(a) each of them having agreed with the other to do so; or
(b) each of them having agreed in advance the respective identities of the other intended participants or the telephone numbers on which they may be called;
(a) accessed by a premium rate number and where the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call; or
(b) accessed other than by means of a premium rate number and the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call.
(a) a chatline service;
(b) a sexual entertainment service;
(c) a children’s service;
(d) a subscription service;
(e) an internet dialler service;
(f) a charity service or quiz television service, which is:
(i) accessed by a premium rate number and where the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call; or
(ii) accessed other than by means of a premium rate number and the price payable by the end user for each call exceeds 25 cent (inclusive of value added tax) other than a premium rate service which is accessed only via an international call.
(a) of a clearly sexual nature;
(b) for which the associated promotional material is clearly of a sexual nature or indicates, or implies, that the premium rate service is clearly of a sexual nature; or
(c) where the product provided through the premium rate service is clearly of a sexual nature;
(2) A word or expression that is used in these Regulations and that is also used in the Act of 2010 has, except where the context otherwise requires, the same meaning in these Regulations as it has in that Act.
(3) In these Regulations, a reference to an enactment shall be construed as a reference to the enactment as amended by any subsequent enactment, including these Regulations.
(4) In these Regulations, any phrase introduced by the term “include”, “including”, “in particular” or any similar expression shall not be construed as an exhaustive list and shall not limit the meaning of the words preceding that term.
(5) Nothing in these Regulations shall absolve a premium rate service provider from any requirement in law to obtain any approvals, consents, licences, permissions or authorisations that may be necessary in relation to the provision of any premium rate service the subject of a Licence issued under these Regulations.
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paragraphs: Specified Premium Rate Services
(1) Subject to paragraph (2), the following premium rate services are specified premium rate services that are required to be Licensed pursuant to the Act of 2010 and in accordance with these Regulations:
(a) Class A Services; and
(b) Class B Services.
(2) The following premium rate services shall not be considered to be specified premium rate services that require to be Licensed pursuant to the Act of 2010 and in accordance with these Regulations:
(a) a premium rate service which comprises directory enquiry services and relevant value added services that are provided using the number range 118XX; and
(b) on-demand audiovisual media services.
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paragraphs: Licensing of Specified Premium Rate Services
(1) A premium rate service provider involved in the provision of any specified premium rate service must obtain a Licence or Licences of the relevant class or classes in accordance with the provisions of this Regulation.
(2) Subject to paragraphs (4) and (5), a premium rate service provider who:
(a) is established in the State and intends to provide any Class A Service; or
(b) intends to provide any Class A Service which is accessible by end-users in the State,
(3) Subject to paragraphs (4) and (5), a premium rate service provider who:
(a) is established in the State and intends to provide any Class B Service; or
(b) intends to provide any Class B Service which is accessible by end-users in the State,
(4) A premium rate service provider who is established in another EEA member state who intends to provide any specified premium rate service which is accessible by end users in the State, must before doing so, submit an application to the Commission for, and have been issued, a Class C Licence and shall not be under any obligation to apply for a Class A or a Class B Licence.
(5) In cases where the role of the premium rate service provider in providing any specified premium rate service is limited solely to that of a network operator, such premium rate service provider must, before providing such specified premium rate service, submit an application to the Commission for, and have been issued, a Class D Licence.
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paragraphs: Applications for Licences
(1) Applications for Licences shall be made to the Commission in the form designated by the Commission for each class of Licence from time to time.
(2) An application for a Class A Licence shall include the following information:
(a) the information set out at section 6(2)(a) to (f) of the Act of 2010; and
(b) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class A Licence from time to time.
(3) An application for a Class B Licence shall include the following information:
(a) the information set out at section 6(2)(a) to (f) of the Act of 2010;
(b) copies of all promotional material intended to be used in connection with each of the premium rate services the subject of the application and a full description of how, and the terms on which, each such premium rate service will operate; and
(c) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class B Licence from time to time.
(4) An application for a Class C Licence shall include the following information:
(a) where the applicant is required to obtain any form of authorisation or approval to operate as a premium rate service provider from any regulatory or supervisory authority in the EEA member state in which it is established, a copy of such authorisation or approval and particulars of the relevant regulatory or supervisory authority; or
(b) where the applicant is not required to obtain any form of authorisation or approval to operate as a premium rate service provider from any regulatory or supervisory authority in the EEA member state in which it is established, and to the extent that the applicant provides premium rate services in the EEA member state in which it is established, evidence of the applicant’s good standing as a premium rate service provider in the EEA member state in which it is established.
(5) An applicant for a Class C Licence should provide, at the time it makes an application in writing to the Commission for a Class C Licence, the following information:
(a) the information set out at section 6(2)(a) to (f) of the Act of 2010; and
(b) where any Class B Service is to be provided by the applicant for the Class C Licence and where there is no premium rate service provider established in the State who:
(i) is involved in the provision of that Class B Service; and
(ii) has applied for or been issued a Class B Licence in accordance with these Regulations,
(6) The provisions of paragraphs (4) and (5) for applicants for Class C Licences are subject to the requirements of EU law and in particular Article 56 of the Treaty on the Functioning of the European Union, where applicable.
(7) An application for a Class D Licence shall include the following information:
(a) the information set out at section 6(2)(a), 6(2)(b) and 6(2)(c) of the Act of 2010; and
(b) such other relevant information as the Commission considers appropriate and as may be identified by the Commission in the application form for a Class D Licence from time to time.
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paragraphs: Licences Issued by the Commission and Amendments to Licences