Part 2, Section 30 · Communications Regulation Act 2002

Contents

30Levies and fees.#

—(1) For the purpose of—

(a)meeting expenses properly incurred by the Commission in the discharge of its functions in relation to electronic communications,

(b)enabling the Minister to pay contributions or other membership charges to international telecommunications organisations,

(c)enabling the Commission to have adequate technical, financial and human resources to carry out the tasks assigned to it, and

(d)enabling the Commission to have adequate financial and human resources to enable it to actively participate and contribute to BEREC,the Commission may make an order imposing a levy on providers of electronic communications services and on providers of electronic communications networks which are deemed to be authorised under Regulation 6 of the Electronic Communications Code Regulations.

(1A)For the purposes of subsection (1), the expenses of the Commission in relation to the discharge of its functions in relation to electronic communications shall —

(a)cover, in total, only the administrative costs which will be incurred in the management, control and enforcement of the general authorisation system, the licensing scheme for the licence concerned, the schemes for the grant of the rights of use for numbering resources and specific obligations, and may include costs for international co-operation, harmonisation and standardisation, market analysis, monitoring compliance and other market control, as well as regulatory work involving preparation and enforcement of any orders under section 3(6) (inserted by section 11(c) of the Wireless Telegraphy Act 1972) of the Wireless Telegraphy Act 1926 or regulations under section 6 of that Act relating to apparatus for wireless telegraphy for the provision of an electronic communications network or service and administrative decisions, such as decisions on access and interconnection, and

(b)be imposed by the Commission on an individual undertaking in an objective, transparent and proportionate manner which minimises additional administrative costs and associated charges.

(1B)(a) For the purposes of paragraph (1A)(b) and having regard to—

(i)its objectives under section 12(1)(a),

(ii)the impact of the levy on providers of electronic communications services and providers of electronic communications networks, and

(iii)the need to minimise any distortion or restriction of competition in the market for the provision of the electronic communications concerned,the Commission may make a determination that such class or classes of electronic communications provider referred to in subsection (1) are exempt from an order made under that subsection.

(b)A determination by the Commission in accordance with paragraph (a) shall only be made:

(i)where the annual turnover of the provider is below an amount specified by the Commission, or

(ii)where the activities of the provider do not reach a market share specified by the Commission, or have a very limited territorial scope.

(c)In this subsection, "turnover" means in relation to a body corporate, the turnover of the body in the financial year of the body ending immediately before the financial year in which the determination referred to in paragraph (a) is made.

(2)Subject to subsection (11A), for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions relating to postal services the Commission may make an order imposing a levy on postal service providers providing postal services within the scope of the universal postal service.

(2A)For the purpose of meeting expenses properly incurred by the Commission in the discharge of its function in relation to premium rate services, the Commission may make an order imposing a levy on premium rate service providers.

(3)Whenever a levy order is made there shall be paid to the Commission by each provider of postal services referred to in subsection (2) or each provider of electronic communications services or premium rate services or electronic communications networks referred to in subsection (1) as the case may be such amount as shall be appropriate having regard to the terms of the levy order.

(4)A levy order, including a levy order made under the Act of 1996, may be amended or revoked by the Commission.

(5)Any surplus of levy income over the expenses incurred by the Commission in the discharge of its functions relevant to that levy in a particular financial year shall either—

(a)be retained by the Commission to be offset against levy obligations for the subsequent year, or

(b)be refunded proportionately to the providers on whom the levy is imposed.

(6)Subject to subsections (7) and (8), the Commission is entitled to retain for its own use all fees and levies paid to or recovered by it under this Act, a related enactment or any other enactment that expressly provides for a fee or levy to be paid to the Commission.

(7)The Minister may, with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer such sum as he or she may, subject to subsection (8), specify being a sum that, subject to subsection (8), represents the amount by which the aggregate sum received by the Commission in each financial year exceeds the aggregate costs incurred in the administration of its office in that year, less the sum of any surplus referred to in subsection (5) and any interim payments made in accordance with subsection (9).

(8)The method of calculation of the surplus referred to in subsection (7) shall be such method as may be determined by the Minister, with the consent of the Minister for Finance, after consultation with the Commission, taking into account any reasonable requirements of the Commission for funds to meet expenses.

(9)Where the Commission receives substantial licence fee income, the Minister may, after consultation with the Commission and with the consent of the Minister for Finance, direct the Commission to pay into the Exchequer, such sum which represents an interim payment of the sum referred to in subsection (7).

(10)The Public Offices Fees Act, 1879, does not apply in respect of fees payable to the Commission pursuant to this Act.

(11)The Commission shall not impose a levy on providers of—

(a)electronic communications for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or premium rate services,

(b)postal services for the purpose of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of electronic communications services or premium rate services, or

(c)premium rate services for the purposes of meeting expenses properly incurred by the Commission in the discharge of its functions in respect of postal services or electronic communications services.

(11A)(a) A levy imposed pursuant to subsection (2) shall be imposed in an objective, transparent and proportionate manner which minimises additional administrative costs and attendant charges to the Commission.

(b)For the purposes of paragraph (a) and having regard to—

(i)its objectives under section 12(1)(c),

(ii)the impact of the levy on postal service providers, and

(iii)the need to minimise any distortion or restriction of competition in the market for the provision of the postal services concerned,the Commission may make a determination that such class or classes of postal service provider referred to in subsection (2) are exempt from an order made under that subsection.

(12)The Commission may recover as a simple contract debt in any court of competent jurisdiction from the person by whom it is payable any amount due and owing to it under this section.

(12A)The Commission shall, in relation to a levy order, cause to be published, whether in its annual report and accounts referred to in section 32 or otherwise, an annual overview of its administrative costs and of the total sum of the charges collected under subsection (1).

(12B)The Commission shall, in the case of charges imposed on an annual basis, make appropriate repayments or compensation in the case of overcharging or additional charges in the case of undercharging by a person to whom a charge is imposed in the light of any difference between the total sum of the administrative charges collected under subsection (1) and the administrative costs incurred.

(13)In this section “levy order” means an order imposing levy under this section.

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.