Telecoms and media—Ireland—Q&A guide
Telecoms and media—Ireland—Q&A guide

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Telecoms and media—Ireland—Q&A guide
  • 1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?
  • 2. Describe the authorisation or licensing regime.
  • 3. Do spectrum licences generally specify the permitted use or is permitted use (fully or partly) unrestricted? Is licensed spectrum tradable or assignable?
  • 4. Which communications markets and segments are subject to ex-ante regulation? What remedies may be imposed?
  • 5. Is there a legal basis for requiring structural or functional separation between an operator’s network and service activities? Has structural or functional separation been introduced or is it being contemplated?
  • 6. Outline any universal service obligations. How is provision of these services financed?
  • 7. Describe the number allocation scheme and number portability regime in your jurisdiction.
  • 8. Are customer terms and conditions in the communications sector subject to specific rules?
  • 9. Are there limits on an internet service provider’s freedom to control or prioritise the type or source of data that it delivers? Are there any other specific regulations or guidelines on net neutrality?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to telecoms and media in Ireland published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2020).

Authors: Matheson—Helen Kelly; Simon Shinkwin

1. Summarise the regulatory framework for the communications sector. Do any foreign ownership restrictions apply to communications services?

The Department of Communications, Climate Action and Environment (DCCAE) is the relevant governmental department responsible for the telecoms and media sector. The regulator is the Commission for Communications Regulation (ComReg).

Ireland has implemented the European regulatory framework governing the electronic communications sector by way of primary and secondary legislation. Primary legislation consists of the Communications Regulation Acts 2002-2016. In 2011, Ireland introduced a number of regulations to transpose the European reform package, namely:

  1. the European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (the Framework Regulations);

  2. the European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (the Access Regulations);

  3. the European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (the Authorisation Regulations);

  4. the European Communities (Electronic Communications Networks and Services) (Universal Service and User's Rights) Regulations 2011 (the Universal Service Regulations); and

  5. the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011 (the Privacy Regulations).

The European Commission launched a review of the regulatory framework for electronic communications and the directive establishing the European Electronic Communications

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