News & Events

Draft Electronic Communications Bill

29 January 2006

The consultation process on the draft Electronic Communications Bill has now closed.

***CONSULTATION PERIOD NOW CLOSED***

The Department of Communications, Marine and Natural Resources has published a draft Bill.  In its present form, the Bill makes the following changes to the regulatory regime:

1. Enforcement of regulatory obligations – the maximum fine of €3,000 on summary conviction for an offence under the regulations is increased to €5,000;  a range of new summary offences based on the existing regulations is created, each with a maximum fine of €5,000; certain offences are to give rise to further separate offences for each day they are continued, with liability to a fine of €2,000 for each extra day; fines on indictment for a range of specified offences are created, to a maximum of €4,000,000 or 10% of annual turnover (whichever is greater);

2. Powers to investigate overcharging – overcharging is to be an offence, with a specified maximum penalty of €5,000 on summary conviction; ComReg is empowered to hold an investigation where it suspects that overpricing is taking place; this may include an audit of the suspected undertaking’s billing system;

3. Regulation of the ".ie" domain name – powers to regulate the “.ie” domain name will be devolved to ComReg; an offence is envisaged for failures to comply with regulations introduced by ComReg in this respect; and

4. The operation of an emergency call handling service – to be called the Emergency Call Answering Service (ECAS); this service is to be funded by a per call fee to be paid by undertakings which forward calls to the ECAS Operator.

Tony Burke , a partner in the Mason Hayes & Curran Technology Media and Communications Unit, is able to advise on the provisions of the Bill and its impact on clients.

If you would like further information on the draft Bill, please email either Tony Burke or Jeanne Kelly.

Click here to download a copy of the draft Bill. Covered by Oireachtas copyright.