European Communities (Electronic Communications Networks and Services)(Authorisation) 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) (Authorisation) 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 Authorisation 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 to the Regulations of 2003 is to be construed as a reference to these Regulations.
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paragraphs: For the purpose of these Regulations the Regulator shall, subject to the Freedom of Information Acts 1997 and 2003, accept as confidential any information provided to the Regulator which is expressed to be confidential, except where the Regulator has good reason to consider otherwise.
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paragraphs: (1) Subject to paragraph (7), any undertaking that intends to provide an electronic communications network or an electronic communications service shall, before doing so, notify the Regulator of its intention to provide such a network or service.
(2) An undertaking providing cross border electronic communications services to undertakings located in several Member States shall not be required to submit more than one notification per Member State concerned.
(3) A notification under paragraph (1) shall be in such form as the Regulator may, from time to time, determine and shall contain the following information—
(a) the name of the undertaking concerned including, in the case of a body corporate, the company registration number,
(b) the names, addresses and contact numbers of relevant contact persons,
(c) the business address of the undertaking concerned and in the case of a body corporate, where that address differs from the address of its registered office, the address of its registered office,
(d) a short description of the network or service which is the subject of the notification, including a statement as to whether the relevant network or service is to be made publicly available, and
(e) the estimated date of commencement of the relevant activity.
(4) Upon receipt by the Regulator of a notification under paragraph (1), the undertaking concerned is deemed to be authorised to provide an electronic communications network or electronic communications service or, as appropriate, both, subject to such conditions as may be specified by the Regulator under Regulation 8.
(5) An undertaking shall notify the Regulator of any changes to the information supplied under paragraph (1) in relation to the matters referred to in paragraph (3)(a) to (c) within 14 days of such change and in relation to the matters referred to in paragraph (3)(d) and (e) before the commencement of the implementation of the change related to the relevant activity.
(6) An undertaking that fails to comply with the requirements of paragraph (1) or (5) commits an offence.
(7) The Regulator may make a determination specifying an electronic communications network or electronic communications service of a particular class or description as being a network or service in relation to which an undertaking is not subject to the requirements of paragraph (1).
(8) Where the Regulator determines under paragraph (7) that an undertaking is not required to notify under paragraph (1), that undertaking is deemed to be authorised under this Regulation.
(9) A reference in any enactment to a person licensed under section 111 of the Act of 1983 is to be construed as a reference to an undertaking deemed to be authorised under this Regulation.
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paragraphs: (1) The Regulator shall, within one week of the receipt by it of a request from any authorised undertaking, issue to that undertaking, in such form as the Regulator may from time to time determine, a standardised declaration—
(a) confirming, where applicable, that the undertaking has submitted a notification under Regulation 4(1), and
(b) detailing under what circumstances any undertaking has the right to—
(i) apply for a consent under section 53 of the Act of 2002 or a licence under section 254(1) of the Act of 2000 for the establishment of overground electronic communications infrastructure and any associated physical infrastructure,
(ii) negotiate interconnection, and
(iii) obtain access or interconnection,
(2) Where it considers it appropriate to do so, the Regulator may issue such declaration as an automatic reply upon receipt of a notification under Regulation 4(1).
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paragraphs: (1) The Regulator shall establish and maintain a register of undertakings that have notified the Regulator of an intention to provide an electronic communications network or service under Regulation 4(1) and such information contained in any such notification under that paragraph as the Regulator considers appropriate, other than information which the Regulator reasonably considers confidential, shall be entered in the register established and maintained under this paragraph.
(2) The Regulator may, as occasion requires, amend or delete an entry in the register.
(3) Members of the public may inspect the register free of charge at all reasonable times and may take copies of, or extracts from, entries in the register.
(4) In any proceedings a certificate bearing the seal of the Regulator, stating that the register shows that on the date or during the period specified in the certificate the name of the undertaking identified by the certificate was not entered in the register, is admissible as evidence of the fact that an undertaking identified by the certificate did not notify the Regulator in accordance with Regulation 4(1) of its intention to provide a network or service before that date or during that period.
(5) A document purporting to be a certificate under paragraph (4) is deemed to be such a certificate unless the contrary is shown.
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paragraphs: (1) An authorised undertaking may—
(a) subject to Regulation 8(3), provide the electronic communications networks or services as described in a notification under Regulation 4(1) or 4(5) or where a notification is not required as described in a determination referred to in Regulation 4(7),
(b) apply for a consent under section 53 of the Act of 2002, and
(c) apply for a licence under section 254(1) of the Act of 2000 for the establishment of overground electronic communications infrastructure and any associated physical infrastructure.
(2) Where an authorised undertaking is providing an electronic communications network or service to the public, it has the right—
(a) under the conditions of and in accordance with the Access Regulations and the Access Directive, to negotiate interconnection with and, where applicable, obtain access to or interconnection from another undertaking deemed to be authorised in the State or in another Member State to provide a publicly available electronic communications network or service, and
(b) to be given an opportunity by the Regulator to be designated under Regulation 7 of the Universal Service Regulations to carry out obligations referred to in that Regulation.
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paragraphs: (1) The Regulator shall, as soon as practicable after the commencement of these Regulations, specify conditions to be attached to a general authorisation only as are listed in Part A of the Schedule. The Regulator may specify that certain conditions do not apply to undertakings of such class or type as may be specified by the Regulator.
(2) Any attachment of conditions to the general authorisation or non-application of conditions to undertakings of such class or type as may be specified by the Regulator under paragraph (1) shall be non-discriminatory, proportionate and transparent.
(3) An authorised undertaking shall comply with the conditions attaching to the general authorisation applicable to it.
(4) The Regulator shall not attach as a condition to the general authorisation any specific obligations that it may impose on an undertaking nor any conditions which are applicable to undertakings by virtue of other law.
(5) The criteria and procedures for imposing any specific obligations referred to in paragraph (4) shall be referred to by the Regulator in the specification of conditions referred to in paragraph (1).
(6) The Regulator shall ensure that where a requirement is specified as a condition of a licence such a requirement shall not be specified as a condition of a general authorisation in respect of the networks or services concerned.
(7) An undertaking that fails to comply with any conditions attached to its general authorisation commits an offence.
(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 condition or conditions, or
(b) it was not possible to comply with the relevant condition or conditions.
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paragraphs: (1) Subject to paragraph (2), rights of use for radio frequencies for the provision of electronic communications networks or services shall be facilitated under a general authorisation under these Regulations.
(2) The Regulator may grant individual rights of use for radio frequencies by way of a licence where it considers that one or more of the following criteria are applicable—
(a) it is necessary to avoid harmful interference,
(b) it is necessary to ensure technical quality of service,
(c) it is necessary to safeguard the efficient use of spectrum, or
(d) it is necessary to fulfil other objectives of general interest as defined by or on behalf of the Government or a Minister of the Government in conformity with European Union law.
(3) Decisions to grant individual rights of use referred to in paragraph (2) to any undertaking shall be subject to—
(a) Regulations 10, 11 and 18(1)(c),
(b) any applicable provisions of the Act of 1926 or any relevant regulations made under that Act, and
(c) any other rules ensuring the efficient use of those resources in accordance with the Framework Directive and the Framework Regulations.
(4)(a) The Regulator shall, having regard to Regulation 17 of the Framework Regulations, establish open, objective, transparent, non-discriminatory and proportionate procedures for the granting of rights of use for radio frequencies and shall cause any such procedures to be made publicly available. Such procedures shall be without prejudice to specific criteria and procedures for the granting of rights of use for radio frequencies to the providers of radio or television broadcast content services with a view to pursuing general interest objectives as defined by or on behalf of the Government or a Minister of the Government in accordance with European Union law.
(b) The Regulator may determine that the procedures referred to in subparagraph (a) will not apply in cases where the granting of rights of use for radio frequencies to the providers of radio or television broadcast content services is necessary to achieve a general interest objective as defined by or on behalf of the Government or a Minister of the Government in conformity with European Union law.
(5) When granting rights of use for radio frequencies, the Regulator shall, having regard to Regulations 17 and 19 of the Framework Regulations, specify whether such rights may be transferred by the holder of the rights and under what conditions such a transfer may take place.
(6) Rights of use for radio frequencies shall be in force for such period as the Regulator considers appropriate having regard to the network or service concerned in view of the objective pursued taking due account of the need to allow for an appropriate period for investment amortisation.
(7)(a) Where individual rights of use for radio frequencies are granted for a period of 10 years or more and such rights may not be transferred or leased between undertakings in accordance with Regulation 19 of the Framework Regulations, the Regulator shall ensure that the criteria set out in paragraph (2) apply for the duration of the rights of use, in particular upon a justified request from the holder of the rights.
(b) Where the Regulator determines that the criteria referred to in paragraph (2) are no longer applicable to a right of use for radio frequencies, the Regulator shall, after a reasonable period and having notified the holder of the individual rights of use, change the individual rights of use into a general authorisation or shall ensure that the individual rights of use are made transferable or leasable between undertakings in accordance with Regulation 19 of the Framework Regulations.
(8) The Regulator shall, subject to Regulation 11(4), make any decision on the grant of rights of use for radio frequencies as soon as possible after receipt by it of the complete application and in the case of radio frequencies that have been allocated to be used by electronic communications services within the national frequency plan within 6 weeks after such receipt. That time limit shall be without prejudice to any applicable international agreements relating to the use of radio frequencies or of orbital positions.
(9) The Regulator shall communicate a decision referred to in paragraph (8) to an applicant for a right of use referred to in that paragraph as soon as possible after the decision is made and, subject to any restrictions which the Regulator considers appropriate in order to protect the confidentiality of any information which the Regulator considers confidential, make public such a decision as soon as possible after informing the applicant.
(10) The Regulator shall not limit the number of rights of use for radio frequencies to be granted except where this is necessary to ensure the efficient use of radio frequencies in accordance with Regulation 11.
(11) The Regulator shall ensure that radio frequencies are efficiently and effectively used having regard to section 12(2)(a) of the Act of 2002 and Regulations 16(1) and 17(1) of the Framework Regulations. The Regulator shall ensure that competition is not distorted by any transfer or accumulation of rights of use for radio frequencies. For this purpose the Regulator may take appropriate measures such as mandating the sale or the lease of rights of use for radio frequencies.
(12) For the purpose of this Regulation a general authorisation for the use of radio frequencies shall be facilitated by way of an Order made by the Regulator under section 3(6) of the Act of 1926 declaring that a particular class or description of apparatus for wireless telegraphy is one to which the licence requirements of section 3 of the Act of 1926 do not apply.
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paragraphs: (1) Notwithstanding section 5 of the Act of 1926 but subject to any regulations made under section 6 of that Act, where the Regulator attaches conditions to rights of use for radio frequencies, it may only attach such conditions as are listed in Part B of the Schedule. The Regulator may specify that certain conditions do not apply to undertakings of such class or type as may be determined by the Regulator from time to time.
(2) Any—
(a) attachment of conditions under paragraph (1), or
(b) non application under paragraph (1) of conditions to undertakings of a class or type as may be determined by the Regulator,
(3) The Regulator shall ensure that where a requirement is specified as a condition of a right of use for radio frequencies such a requirement shall not be specified as a condition of the general authorisation in respect of the right of use concerned.
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paragraphs: (1) Where the Regulator considers that the number of rights of use to be granted for radio frequencies should be limited or that the duration of existing rights of use for radio frequencies should be extended other than in accordance with the terms specified in the rights of use it shall, without prejudice to sections 13 and 37 of the Act of 2002,—
(a) give due weight to the need to maximise benefits for users and to facilitate the development of competition, and
(b) give all interested parties, including users and consumers, the opportunity to express their views in accordance with Regulation 12 of the Framework Regulations.
(2) The Regulator may decide, having taken into account the matters referred to in paragraph (1)(a) and (b), that the number of rights of use for radio frequencies referred to in that paragraph ought to be limited and, where the Regulator so decides, it shall grant such rights of use on the basis of selection criteria which are objective, transparent, non-discriminatory and proportionate and which give due weight to the achievement of the objectives set out in section 12 of the Act of 2002 and Regulations 16 and 17 of the Framework Regulations.
(3) The Regulator shall cause to be published, in such form as the Regulator may determine, any decision referred to in paragraph (2) to limit the granting of rights of use for radio frequencies or to extend the duration of existing rights of use and shall include the reasons for the decision.
(4) Where the Regulator decides to use a competitive or comparative selection procedure for the purpose of granting rights of use for radio frequencies, the Regulator may extend the maximum period of 6 weeks referred to in Regulation 9(8) for as long as is necessary to ensure that such procedures are fair, reasonable, open and transparent to all interested parties, but by no longer than 8 months.
(5) The time limits referred to in paragraph (4) shall be without prejudice to any applicable international agreements relating to the use of radio frequencies and satellite co-ordination.
(6) The Regulator shall review any limitation referred to in paragraph (2) at intervals which it considers reasonable or at the reasonable request of any undertaking affected.
(7) Without prejudice to sections 13 and 37 of the Act of 2002, where the Regulator decides that further rights of use ought to be offered it shall cause its decision to be published and invite applications for such rights of use.
(8) This Regulation is without prejudice to the transfer of rights of use for radio frequencies in accordance with Regulation 19 of the Framework Regulations.
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paragraphs: When granting a right of use for radio frequencies in relation to which—
(a) the harmonised usage of the radio frequencies involved in accordance with any international agreements or European Union rules,
(b) any relevant access conditions and procedures under any international agreements or European Union rules, or
(c) any selection procedure in accordance with international agreements or European Union rules,
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paragraphs: (1) The Regulator may, on receipt of an application in such form as it may from time to time determine, grant a right of use for any class or description of number to any undertaking as the Regulator considers appropriate subject to Regulations 14, 18(1)(c) and to Regulation 20 of the Framework Regulations.
(2) The Regulator shall establish open, objective, transparent, non-discriminatory and proportionate procedures for the grant of rights of use for numbers and shall cause any such procedures to be made publicly available.
(3) The Regulator shall make any decision on the grant of a right to use a class or description of number as soon as possible after receipt by it of a complete application and in the case of a number that has been allocated for a specific purpose within the national numbering scheme, within 3 weeks after such receipt.
(4) The Regulator shall communicate a decision referred to in paragraph (3) to an applicant for a right of use referred to in that paragraph as soon as is reasonably practicable after the decision is made and, subject to any restrictions which the Regulator considers appropriate in order to protect the confidentiality of any information which the Regulator considers confidential, make public such a decision as soon as is reasonably practicable after informing the applicant.
(5) Where the Regulator decides, after consultation in accordance with Regulation 12 of the Framework Regulations, that rights of use for numbers of exceptional economic value are to be granted through competitive or comparative selection procedures, the Regulator may extend the maximum period of three weeks referred to in paragraph (3) by up to a further 3 weeks.
(6) When granting a right of use in accordance with paragraph (1), the Regulator shall specify whether such right may be transferred by the holder and under what conditions such a transfer may take place.
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paragraphs: (1) The Regulator shall, as soon as practicable after the commencement of these Regulations, specify conditions to be attached to a right of use for numbers only as are listed in Part C of the Schedule. The Regulator may decide that certain conditions do not apply to undertakings of such class or type as may be determined by the Regulator.
(2) Any attachment or non-application of conditions under paragraph (1) to a right of use for numbers shall be non-discriminatory, proportionate and transparent.
(3) The Regulator shall ensure that where a requirement is specified as a condition of a right of use for numbers such a requirement shall not be specified as a condition of the general authorisation in respect of the right of use concerned.
(4) An undertaking commits an offence if it fails to comply with a condition that the Regulator has attached to the undertaking’s right of use for numbers in accordance with paragraph (1).
(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 condition, or
(b) it was not possible to comply with the relevant condition.
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paragraphs: (1) The Regulator may amend the rights, conditions and procedures concerning the general authorisation, rights of use for radio frequencies and rights of use for numbers provided that any such amendment may only be made in objectively justified cases and in a proportionate manner, taking into consideration, where appropriate, the specific conditions applicable to transferable rights of use for radio frequencies.
(2) The NRA or a road authority may amend the conditions of a consent under section 53 of the Act of 2002 provided that such amendments may only be made in objectively justified cases and in a proportionate manner.
(3) A planning authority (within the meaning of the Act of 2000) may amend the conditions of a licence under section 254 of the Act of 2000 for the establishment of overground electronic communications infrastructure and any associated physical infrastructure provided that such amendment may only be made in objectively justified cases and in a proportionate manner.
(4) Except where the proposed amendments are minor in nature and have been agreed with the holder of a general authorisation, a right of use for radio frequencies, a right of use for numbers, a consent referred to in paragraph (2) or a licence referred to in paragraph (3), before making any amendment under this Regulation, the Regulator, the NRA, a road authority or a planning authority, as the case may be, shall—
(a) give notice, in such manner as it considers appropriate, of its intention to make the amendment and invite interested parties, including users and consumers, to make representations on the proposed amendment within such period as may be specified in the notice but not being, except in exceptional circumstances, less than 28 days from the date of the notice, and
(b) have regard to any representations made to it under subparagraph (a).
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paragraphs: (1) The Regulator shall monitor and supervise compliance with the conditions of the general authorisation, of rights of use for radio frequencies, of rights of use for numbers and with the specific obligations, in accordance with Regulation 18.
(2) The Regulator may require an undertaking covered by the general authorisation or enjoying rights of use for radio frequencies or rights of use for numbers to provide the Regulator with all information that the Regulator considers necessary to verify compliance by the undertaking with the conditions of the general authorisation, of the rights of use for radio frequencies, of the rights of use for numbers or with the specific obligations, in accordance with Regulation 18.
(3) Where the Regulator finds that an undertaking has not complied with—
(a) one or more of its obligations under Regulation 4,
(b) one or more of the conditions attached to its general authorisation,
(c) one or more of the conditions attached to its rights of use for radio frequencies,
(d) one or more of the conditions attached to its rights of use for numbers,
(e) a measure imposed under Regulation 9(11),
(f) one or more of the specific obligations,
(g) an information requirement under Regulation 18(1), or
(h) a direction under Regulation 21,
(4) The Regulator may publish, in such manner as it thinks fit, any notification given by it under this Regulation subject to the protection of the confidentiality of any information which the Regulator considers confidential.
(5) The Regulator may amend or revoke any notification under this Regulation.
(6) Where at the end of the period specified by the Regulator under paragraph (3), the Regulator is of the opinion that the undertaking concerned has not complied with—
(a) one or more of its obligations under Regulation 4,
(b) one or more of the conditions attached to its general authorisation,
(c) one or more of the conditions attached to its rights of use for radio frequencies,
(d) one or more of the conditions attached to its rights of use for numbers,
(e) a measure imposed under Regulation 9(11),
(f) one or more of the specific obligations,
(g) an information requirement under Regulation 18(1), or
(h) a direction under Regulation 21,
(i) a declaration of non-compliance,
(ii) an order directing compliance with the obligation, condition, measure, requirement or direction,
(iii) an order directing the remedy of any non-compliance with the obligation, condition, measure, requirement or direction, or
(iv) an order as provided for in paragraph (10).
(7) The High Court may, on the hearing of the application referred to in paragraph (6), make such order as it thinks fit which may include—
(a) a declaration of non-compliance,
(b) an order directing compliance with the obligation, condition, measure, requirement or direction,
(c) an order directing the remedy of any non-compliance with the obligation, condition, measure, requirement or direction, or
(d) an order as provided for in paragraph (10),
(8) The High Court when dealing with an application under paragraph (6) may make such interim or interlocutory order as it considers appropriate.
(9) The High Court shall not deny interim or interlocutory relief, referred to in paragraph (8), solely on the basis that the Regulator may not suffer any damage if such relief were not granted pending the conclusion of the action.
(10)(a) An application for an order under paragraph (6) or (16) may be for, or include an application for, an order to pay to the Regulator such amount, by way of financial penalty, which may include penalties having effect for periods of non-compliance with the obligation, condition, measure, requirement or direction, as the Regulator may propose as appropriate in the light of the non-compliance or any continuing non-compliance. Such an application for an order in respect of a financial penalty for a period of non-compliance may be made even if there since has been compliance with the obligation, condition, measure, requirement or direction.
(b) In deciding on such an application, the High Court shall decide the amount, if any, of the financial penalty which should be payable and shall not be bound by the amount proposed by the Regulator.
(c) Any financial penalty ordered by the High Court to be paid by an undertaking under this paragraph shall be paid to and retained by the Regulator as income.
(d) In deciding what amount, if any, should be payable, the High Court shall consider the circumstances of the non-compliance, including—
(i) its duration,
(ii) the effect on consumers, users and other operators,
(iii) the submissions of the Regulator on the appropriate amount, and
(iv) any excuse or explanation for non-compliance.
(11) An application for an order under paragraph (6) or (16) may be for or include an application for an order to cease or delay provision of a service or bundle of services which if continued would result in significant harm to competition, pending compliance with access obligations imposed following a market analysis carried out in accordance with Regulation 27 of the Framework Regulations.
(12) Where the Regulator has evidence of a breach by an undertaking of any of the conditions of a general authorisation, of rights of use for radio frequencies, of rights of use for numbers or of the specific obligations that represents an immediate and serious threat to public safety, public security, public health or will create serious economic or operational problems for other providers or users of electronic communications networks or services or other users of the radio spectrum, the Regulator may take urgent interim measures to remedy the situation. Such measures may include requiring immediate compliance with the condition or obligation or requiring that the use of such apparatus or part of it, as may be specified, cease with immediate effect or on or before such date and time as may be so specified.
(13) An undertaking to which a requirement under paragraph (12) has been issued shall comply with the requirement unless and until such requirement has been withdrawn by the Regulator and shall take such measures as may be specified by the Regulator in the requirement to remedy the breach.
(14) An undertaking may make representations to the Regulator concerning a requirement made of the undertaking under paragraph (12) and the Regulator having considered the representations may confirm, amend or withdraw the requirement.
(15) Where the Regulator considers it appropriate to do so it may confirm the interim measures referred to in paragraph (12), which shall be valid for a maximum of 3 months but which may, in circumstances where enforcement procedures have not been completed, be extended for a further period of up to 3 months.
(16) Where an undertaking fails to comply with a requirement under paragraph (12), the Regulator may, subject to paragraph (18), apply to the High Court for an order compelling compliance.
(17) This Regulation applies in respect of a licence notwithstanding anything to the contrary in—
(a) the Act of 1926,
(b) regulations made under section 6 of that Act relating to that licence, or
(c) in the licence itself.
(18) Where the Regulator has brought proceedings for an offence under these Regulations or given a notice under section 44 of the Act of 2002 in respect of an alleged offence under these Regulations, the Regulator shall not make an application for an order under this Regulation to the High Court to compel compliance by the undertaking with the obligation to which the proceedings or notice relates.
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paragraphs: (1) Where the Regulator considers that there is or has been serious or repeated breaches by an undertaking of the conditions attached to its general authorisation, of its rights of use for radio frequencies, of its rights of use for numbers or of the specific obligations, the Regulator may decide, having considered any representations made by the undertaking within the period referred to in paragraph (2), that the undertaking is no longer authorised under Regulation 4 and may suspend or withdraw any rights of use for radio frequencies or rights of use for numbers granted to the undertaking.
(2) The Regulator shall notify an undertaking where the Regulator proposes to take action under paragraph (1) against it and shall allow the undertaking 28 days to make representations to the Regulator before taking the action.
(3) Where the Regulator decides, in accordance with paragraph (1), that an undertaking is no longer to be authorised under Regulation 4 or decides to suspend or withdraw a right of use for radio frequencies or a right of use for numbers, the Regulator may also apply to the High Court for an order to pay to the Regulator such amount by way of financial penalty, as the Regulator proposes as appropriate in light of the serious or repeated breach, and an application for such order may include amounts by way of financial penalties in respect of periods of non-compliance where there has since been compliance.
(4) In deciding on an application under paragraph (3), the High Court shall decide the amount, if any, of the financial penalty which should be payable and shall not be bound by the amount proposed by the Regulator. In deciding the amount payable the High Court shall consider the circumstances of the non-compliance including—
(a) its duration,
(b) the effect on consumers, users and other operators,
(c) the submissions of the Regulator on the appropriate amount,
(d) any representations made by the undertaking under paragraph (2), and
(e) any excuse or explanation for the non-compliance.
(5) Any financial penalty ordered by the High Court to be paid by an undertaking under this Regulation shall be paid to and retained by the Regulator as income.
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paragraphs: (1) The Regulator may require an undertaking to provide information in respect of the general authorisation, of a right of use for radio frequencies, of a right of use for numbers or of the specific obligations but only where such requirement is proportionate and objectively justified for—