S.I. No. 210/2006 - European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (Amendment) Regulations 2006

STATUTORY INSTRUMENTS

S.I. No. 210 of 2006

European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 (Amendment) Regulations 2006

I, Noel Dempsey, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive No. 2002/21/EC of the European Parliament and of the Council of 7 March 2002,¹ hereby make the following Regulations:

Citation and commencement

1.     (1)     These Regulations may be cited as the European Communities (Electronic Communications Networks and Services) (Framework) (Amendment) Regulations 2006.

(2)     These Regulations come into operation on 2 May 2006.

Principal Regulations

2.     In these Regulations, “Principal Regulations” means the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2003 ( S.I. No. 307 of 2003 ).

Amendment of Regulation 2 of Principal Regulations (Interpretation)

3.     Regulation 2 of the Principal Regulations is amended by inserting in paragraph (1) the following definition after the definition of “Data Protection Directive”:

“‘decision’ includes designation, determination, specification, requirement direction, notification, and notice, and any other act of an equivalent nature;”.

Amendment of Regulation 3 of Principal Regulations (Application for appeal against decision of Regulator)

4.     Regulation 3 of the Principal Regulations is amended—

(a)    by substituting the following paragraphs for paragraph (1):

“(1)  Except as provided by paragraph (1A), this Regulation applies to a decision made or given by the Regulator under—

(a)    these Regulations, or

(b)    the Authorisation Regulations, or

(c)    the Access Regulations, or

(d)    the Universal Service Regulations, or

(e)    the European Communities (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003 ), or

(f)     Regulation (EC) No. 2887/2000 of the European Parliament and of the Council of 18 December 2000 on unbundled access to the local loop.⁶

(1A)  This Regulation does not apply to a notification or notice given under any of the following provisions:

(a)    Regulation 35(1) of these Regulations;

(b)    Regulation 18(1) of the Access Regulations;

(c)    Regulation 16(2) of the Authorisation Regulations;

(d)    Regulation 32(2) of the Universal Service Regulations;

(e)    Regulation 20(1) of the European Communities (Electronic Communications Networks and Services (Data Protection and Privacy) Regulations 2003 ( S.I. No. 535 of 2003 );

(f)    section 44 of the Act of 2002.”;

(b)    by substituting the following paragraph for paragraph (3):

“(3)  A user or undertaking aggrieved by a decision to which this Regulation applies may appeal against the decision by lodging an appeal notification with the Minister and the Regulator.”;

(c)    in paragraph (4), by substituting the following subparagraph for subparagraph (b):

“(b)  state the name and address of the appellant and of the person (if any acting on behalf of the user or undertaking,”;

(d)    in paragraph (4), by substituting the following subparagraph for subparagraph (e):

“(e)  be made within 28 days after the decision was notified to the user or undertaking.”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The amending regulations widen the scope of the decisions made by the Commission for Communications Regulation (ComReg) that can be appealed to the Electronic Communications Appeals Panel (ECAP) by a user or undertaking.

¹ O.J. No. L 108, 24.4.2002, p.33.

⁶ O.J. L 336 30.12.2000, p.4