European Communities (Electronic Communications Networks and Services)(Universal Service and Users’ Rights) Regulations 2011
Source: Iris Oifigiúl 53 2011-07-05

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paragraphs: These Regulations may be cited as the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011.
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paragraphs: (1) For the purpose of these Regulations the definitions set out in Regulation 2(1) of the Framework Regulations apply.
(2) In these Regulations—
(3) A word or expression that is used in these Regulations and that is also used in the Universal Service Directive or in the Framework Regulations has, unless the context otherwise requires, the same meaning in these Regulations that it has in that Directive or in those Regulations.
(4) In these Regulations a reference to an enactment or Regulations shall be construed as a reference to the enactment or Regulations as amended by any subsequent enactment or Regulations, including these Regulations.
(5) A reference in any enactment or Regulations to the Regulations of 2003 is to be construed as a reference to these Regulations.
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paragraphs: (1) A designated undertaking shall satisfy any reasonable request to provide at a fixed location connection to a public communications network.
(2) A designated undertaking shall satisfy any reasonable request for the provision of a publicly available telephone service over the network connection referred to in paragraph (1) that allows for originating and receiving of national and international calls.
(3) A designated undertaking that provides a connection to the public communications network shall ensure that the connection is capable of supporting—
(a) voice,
(b) facsimile, and
(c) data communications at data rates that are sufficient to permit functional Internet access,
(4) Where a designated undertaking denies any reasonable request made under paragraph (1) or (2) it shall inform the person making the request of his or her right to pursue the dispute resolution procedures referred to in Regulation 27.
(5) The Regulator may, with the consent of the Minister, for the purpose of the services referred to in this Regulation, specify requirements to be complied with by a designated undertaking in relation to—
(a) functional Internet access, having regard to prevailing technologies used by the majority of subscribers in the State and to technological feasibility,
(b) the reasonableness of requests for connection at a fixed location to a public communications network under paragraph (1) and the provision of a publicly available telephone service that allows for the originating and receiving of national and international calls referred to in paragraph (2), or
(c) the terms and conditions upon which connection at a fixed location to a public communications network referred to in paragraph (1) and the provision of a publicly available telephone service over such a network connection that allows for the originating and receiving of national and international calls referred to in paragraph (2) shall be provided.
(6) A designated undertaking that fails to comply with the requirements of paragraph (1), (2), (3) or (4) commits an offence.
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paragraphs: (1) A designated undertaking shall ensure, based on data provided to it in accordance with Regulation 19(4)—
(a) that a comprehensive directory of subscribers is made available to all end-users in a form approved of by the Regulator, whether printed or electronic or both, and is updated at least once in each year, or
(b) that a comprehensive telephone directory enquiry service is made available to all end-users, including users of public pay telephones.
(2) The designated undertaking concerned shall ensure that the directory or the directory enquiry service referred to in paragraph (1) comprises all subscribers of publicly available telephone services in the State (including those with fixed, mobile and personal numbers) who have not refused to have their personal particulars included in those directories. This paragraph is subject to Regulation 12 of the Privacy and Electronic Communications Regulations.
(3) A designated undertaking shall for the purpose of this Regulation apply the principle of non-discrimination to the treatment of information that has been provided to it by other undertakings or which it has in its possession or under its control.
(4) An undertaking that fails to comply with a requirement of paragraph (1), (2) or (3) commits an offence.
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paragraphs: (1) A designated undertaking shall ensure that public pay telephones or other public voice telephony access points are provided to meet the reasonable needs of end-users in terms of the geographical coverage, the number of telephones or other access points, accessibility to disabled end-users and the quality of services.
(2) The Regulator may, with the consent of the Minister, specify terms and conditions applicable to the provision of public pay telephones or other public voice telephony access points for the purpose of ensuring that the requirements specified in paragraph (1) are met.
(3) Where the Regulator determines, after consultation with the Minister and having regard to views expressed to it under a public consultation carried out in accordance with Regulation 26, that there exists a sufficient number of public pay telephones or other public voice telephony access points in any geographic area to satisfy the reasonable needs for such service in that area, taking into account the population density in such geographic area and the state of development of the communications market in that area, the Regulator may decide not to designate an undertaking under Regulation 7 for the purpose of paragraph (1) in relation to that area or a specified part of that area, as the case may be.
(4)(a) The Regulator shall conduct a review of any decision it makes under paragraph (3) as and when it considers appropriate.
(b) Where the Regulator makes a decision that the number of public pay telephones or other public voice telephony access points is no longer sufficient to serve the reasonable needs for such services in that area, the Regulator may designate an undertaking under Regulation 7 as having an obligation under paragraph (1) in respect of public pay telephones or other public voice telephony access points in that area.
(5) An undertaking providing public pay telephones shall ensure that it is possible to make emergency calls from a public pay telephone using the single European emergency call number “112” and any national emergency call number that may be specified by the Regulator, in each case, free of charge and without the necessity to use coins or cards or any other means of payment.
(6) Any undertaking providing public pay telephones shall ensure that the users of those telephones have access to a directory enquiry service referred to in Regulation 4.
(7) An undertaking that fails to comply with—
(a) a requirement of paragraph (1), (5) or (6), or
(b) a term or condition specified under paragraph (2),
(8) In proceedings for an offence under paragraph (7) it is a defence to establish that—
(a) reasonable steps were taken to comply with the relevant requirement, term or condition, or
(b) it was not possible to comply with the relevant requirement, term or condition.
6. (1)(a) Unless requirements have been specified under Regulations 14 to 25 which achieve the equivalent effect, the Regulator shall, with the consent of the Minister, specify obligations applicable to designated undertakings for the purpose of ensuring that disabled end-users can enjoy access to and affordability of the services identified in Regulations 3(2) and 4, equivalent to the level enjoyed by other end-users.
(b) For the purpose of subparagraph (a), the Minister may require the Regulator to assess the general need and the specific requirements, including the extent and concrete form of such specific measures for disabled end-users, and the Regulator shall comply with such requirement.
(2) The Regulator may specify 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.
(3) In specifying obligations under paragraph (1) or terms and conditions under paragraph (2), the Regulator shall ensure, in so far as is practicable, that such obligations or terms and conditions are in compliance with any relevant standards or specifications referred to in Regulations 28 and 29 of the Framework Regulations.
(4) A designated undertaking that fails to comply with—
(a) an obligation under paragraph (1), or
(b) a term or condition specified under paragraph (2),
(5) In proceedings for an offence under paragraph (4) it is a defence to establish that—
(a) reasonable steps were taken to comply with the relevant obligation or term or condition, or
(b) it was not possible to comply with the relevant obligation or term or condition.
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paragraphs: (1) The Regulator may designate one or more undertakings, for such period as may be specified by the Regulator, to comply with an obligation or requirement referred to in Regulation 3, 4(1)(a) or (b), an obligation or term or condition referred to in Regulation 5 or 6 and, where applicable, a requirement under Regulation 8(2), so that the whole of the State may be covered.
(2) The Regulator may designate different undertakings or sets of undertakings to comply with one or more of the obligations, requirements or terms or conditions referred to in paragraph (1) or to cover different parts of the State.
(3) In designating an undertaking under paragraph (1), the Regulator shall adopt an efficient, objective, transparent and non-discriminatory designation mechanism whereby no undertaking is in principle excluded from being designated. The designation methods adopted shall ensure that the obligations referred to in paragraph (1) are provided in a cost effective manner and may be used as a means of determining the net cost of the universal service obligation in accordance with Regulation 11.
(4) Where an undertaking designated in accordance with paragraph (1) intends to dispose of a substantial part or all of its local access network assets to a separate legal entity under different ownership, it shall notify the Regulator at the time of the decision to dispose or 6 months prior to the transaction whichever is the earlier date. Such notification shall include details as to the effect of the intended transaction on the provision of access at a fixed location under Regulation 3(1) and of telephone services under Regulation 3(2). The Regulator may impose, amend or withdraw specific obligations on the separate legal entity.
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paragraphs: (1) The Regulator shall monitor the evolution and level of retail tariffs of the services identified in Regulations 3, 4, 5 and 6, in particular in relation to national consumer prices and income, as either provided by designated undertakings or available on the market if no undertakings are designated in relation to those services.
(2) The Regulator may, in light of national conditions, specify, with the consent of the Minister, requirements to be complied with by a designated undertaking for the purpose of ensuring that such undertaking provides to consumers tariff options or packages which depart from those provided under normal commercial conditions, in particular, to ensure that those on low incomes or with special social needs are not prevented from accessing the network referred to in Regulation 3(1) or from using the services identified in Regulations 3(2), 4, 5 and 6 as falling under the universal service obligations and provided by designated undertakings.
(3) The Regulator may, with the consent of the Minister, require an undertaking designated by the Regulator under Regulation 7 to apply common tariffs including geographical averaging throughout the State, in the light of national conditions.
(4) The conditions of any scheme to provide special tariff options, common tariffs, including geographical averaging, shall be fully transparent and shall be published and applied in accordance with the principle of non-discrimination. The Regulator may require, where it considers a scheme does not comply with this paragraph, that the scheme be modified or withdrawn.
(5) A designated undertaking that fails to comply with a requirement imposed under paragraph (2), (3) or (4) commits an offence.
(6) In proceedings for an offence under paragraph (5) it is a defence to establish that—
(a) reasonable steps were taken to comply with the relevant requirement, or
(b) it was not possible to comply with the relevant requirement.
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paragraphs: (1) A designated undertaking shall, where it provides facilities and services additional to those referred to in Regulations 3, 4, 5, 6 and 8(2), establish terms and conditions for the provision of such additional facilities and services in such a way that the subscriber is not obliged to pay for facilities or services which are not necessary or not required for the service requested by him or her.