European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Electronic Communications Networks and Services)(Access) Regulations 2003.
(2) These Regulations come into operation on 25 July 2003.
Interpretation
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paragraphs: (1) For the purposes of these Regulations the definitions as set out in Regulation 2(1) of the Framework Regulations apply.
(2) In these Regulations, except where the context otherwise requires —
“Act of 2002” means the Communications Regulation Act 2002 (No. 20 of 2002)
“access” means the making available of facilities, services or both facilities and services, to another undertaking, under defined conditions, on either an exclusive or non-exclusive basis, for the purpose of providing electronic communications services. It covers, inter alia, access to network elements and associated facilities, which may involve the connection of equipment, by fixed or non-fixed means (in particular this includes access to the local loop and to facilities and services necessary to provide services over the local loop), access to physical infrastructure including buildings, ducts and masts access to relevant software systems including operational support systems access to number translation or systems offering equivalent functionality access to fixed and mobile networks, in particular for roaming, access to conditional access systems for digital television services, access to virtual network services; access does not include, apply or refer to access by end users;
“Access Directive” means Directive No. 2002/19/EC1 of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities;
“Authorisation Directive” means Directive No. 2002/20/EC2 of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services;
“Authorisation Regulations” means the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2003 ( S.I. No. 306 of 2003 );
“Framework Regulations” means the European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003 ( S.I. No. 307 of 2003 );
“interconnection” means the physical and logical linking of public communications networks used by the same or a different undertaking in order to allow the users of one undertaking to communicate with users of the same or another undertaking, or to access services provided by another undertaking. Services may be provided by the parties involved or other parties who have access to the network. Interconnection is a specific type of access implemented between the public network operators;
“local loop” means the physical circuit connecting the network termination point at the subscriber's premises to the main distribution frame or equivalent facility in the fixed public telephone network;
“Minister” means the Minister for Communications, Marine and Natural Resources;
“operator” means an undertaking providing or authorised to provide a public communications network or an associated facility;
“Regulator” means the Commission for Communications Regulation;
“wide screen television service” means a television service that consists wholly or partially of programmes produced and edited to be displayed in a full height wide-screen format. The 16:9 format is the reference format for wide-screen television services.
(2) A word or expression that is used in these Regulations, the Access Directive or in the Framework Regulations has, except where the context otherwise requires, the same meaning in these Regulations that it has in that Directive or those Regulations.
(3) In these Regulations, unless the contrary intention appears,