Part 2, Section 10 · Communications Regulation Act 2002

Contents

10Functions of Commission.#

—(1) The functions of the Commission are—

(a)to ensure compliance by undertakings with obligations in relation to the supply of and access to electronic communications services, electronic communications networks and associated facilities and the transmission of such services on such networks,

(aa)to ensure compliance by undertakings with obligations under Regulation (EU) No. 612/2022 of the European Parliament and of the Council of 6 April 2022,

(ab)

(ac)

(ad)to closely monitor and ensure compliance by undertakings, including providers of internet access services within the meaning of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015^note, with their obligations under Articles 3, 4 and 5 of those Regulations,

(ae)to perform the tasks assigned to it under the Electronic Communications Code Regulations,

(ae)the functions of a national regulatory authority under Article 5a (inserted by Article 50 of Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018^note) of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015^note,

(af)to ensure compliance with, and to carry out the functions assigned to it by, the European Union (Electronic Communications Code) Regulations 2022 (S.I. No. 444 of 2022),

(af)to monitor and ensure compliance by undertakings and premium rate service providers with Part 3 of the Consumer Protection Act 2007,

(ag)to monitor and ensure compliance by undertakings and premium rate service providers with Parts 4, 5 and 6 of the Consumer Rights Act 2022,

(ah)to monitor and ensure compliance with the Regulation of Artificial Intelligence Act 2026 and Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024^note laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act),

(b)to manage the radio frequency spectrum and the national numbering resource, in accordance with a direction under section 13,

(ba)to ensure the provision of a universal postal service that meets the reasonable needs of postal service users,

(bb)to undertake a review of any consequences, including for terminal dues, of the repeal, under section 1 of the Communications Regulation (Postal Services) (Amendment) Act 2017, of section 30 of the Communications Regulation (Postal Services) Act 2011 which review shall commence immediately following the expiration of 2 years after the coming into operation of the Communications Regulation (Postal Services) (Amendment) Act 2017 and to prepare and furnish a report to the Minister of the findings of the Commission resulting from the review not later than 6 months after the commencement of the review,

(c)to monitor and ensure compliance by postal service providers with the obligations imposed on them by or under the Communications Regulation Acts 2002 to 2011 in relation to the provision of postal services,

(ca)to monitor the quality and efficiency of the emergency call answering service established under Part 6,

(cb)to ensure compliance by premium rate service providers with their obligations in relation to the provision, content and promotion of premium rate services,

(d)to carry out investigations into matters relating to—

(i)the supply of, and access to, electronic communications services, electronic communications networks and associated facilities and the transmissions of such services on such networks, and

(ii)the provision, content and promotion of premium rate services,

(da)for the purpose of contributing to an open and competitive market and also for statistical purposes, to collect, compile, extract, disseminate and publish information from undertakings relating to the provision of electronic communications services, electronic communications networks and associated facilities and the transmission of such services on those networks

(e)to ensure compliance, as appropriate, by persons in relation to the placing on the market of communications equipment and the placing on the market and putting into service of radio equipment, and

(f)to advise the Minister, when requested by him or her, on matters relating to the electronic communications market and matters relating to the functions of the Commission.

(1A)The functions of the Competition and Consumer Protection Commission specified in subsection (1B) are (in so far as they relate to the provision of electronic communications networks, electronic communications services, associated facilities and premium rate services) also functions of the Commission for Communications Regulation, and subsections (1B) to (1E) have effect for the purposes of this subsection.

(1B)The functions of the Competition and Consumer Protection Commission referred to in subsection (1A)are the functions of that Commission under—

(a)sections 71 to 73, 75, 77, 80 to 82, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Part 3 of that Act,

(b)sections 71 to 73, 75, 77, 80, 85 to 88 and 90 of the Consumer Protection Act 2007 in relation to Parts 4 and 5 of the Consumer Rights Act 2022, and

(c)sections 73, 75, 77, 80, 85 to 87 and 90 of the Consumer Protection Act 2007 in relation to Part 6 of the Consumer Rights Act 2022.

(1C)Subsection (1A) operates to vest in the Commission, concurrently with the vesting in the Agency of those functions by the Consumer Protection Act 2007, the functions specified in subsection (1B).

(1D)Accordingly—

(a)functions so specified are, subject to any relevant co-operation agreement entered into under section 21 of the Consumer Protection Act 2007, capable of being performed by either the Agency or the Commission, and

(b)subject to subsection (1E), references to the Agency in the provisions of the Consumer Protection Act 2007 specified in subsection (1B) are to be read as including references to the Commission and those provisions otherwise apply.

(1E)Where any section of the Consumer Protection Act 2007 specified in subsection (1B) provides for anything to be done in relation to the Agency (whether the giving of notice to it, the submitting of a thing to it or the doing of any other thing) then, if a co-operation agreement entered into under section 21 of that Act so specifies, it is sufficient compliance with the section concerned if the thing is done in relation to the Agency or the Commission as is specified in that agreement.

(2)The Commission may carry out an investigation referred to in subsection (1) either on its own initiative or on foot of a complaint.

(3)The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this or any other Act.

(4)The Commission shall be the national regulatory authority for the purposes of Regulation No. 2887/2000 of 18 December 2000^note of the European Parliament and of the Council on unbundled access to the local loop.

(5)(a) In carrying out the review under subsection (1)(bb) the Commission may consult with such persons as it considers appropriate. The Commission shall complete this consultation within a period of 42 days.

(b)The Minister shall cause a copy of the report prepared under subsection (1)(bb) to be laid before each House of the Oireachtas as soon as practicable after it is furnished to him or her by the Commission.

(6)In subsection (1)(bb) "terminal dues" has the same meaning as it has in Part 2 of the Communications Regulation (Postal Services) Act 2011.

Contains Revised Acts prepared by the Law Reform Commission (revisedacts.lawreform.ie): legislative text under the Oireachtas (Open Data) PSI Licence, annotations under CC BY 4.0. Revised Acts are administrative consolidations, not authoritative.