Number 20/2002: COMMUNICATIONS REGULATION ACT, 2002

20 2002

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Number 20 of 2002

COMMUNICATIONS REGULATION ACT, 2002

ARRANGEMENT OF SECTIONS

Preliminary and General

Section
1.	Short title.
2.	Interpretation.
3.	Laying of orders and regulations before Houses of Oireachtas.
4.	Establishment day.
5.	Expenses.

PART 2

Commission for Communications Regulation

6.	Establishment of Commission.
7.	Seal of Commission.
8.	Dissolution of Office of Director of Telecommunications Regulation.
9.	Transfer of functions.
10.	Functions of Commission.
11.	Independence of Commission.
12.	Objectives of Commission.
13.	Directions by Minister.
14.	Composition and procedure of Commission.
15.	Appointment and term of office of Commissioners.
16.	Appointment of Chairperson of Commission.
17.	Deputy commissioner.
18.	Resignation and removal of Commissioners.
19.	Restrictions relating to Commissioners.
20.	Staff of Commission.
21.	Performance of certain functions by staff.
22.	Consultants.
23.	Membership of Houses of Oireachtas or European Parliament by staff.
24.	Prohibition on unauthorised disclosure of information.
25.	Disclosure of interests.
26.	Superannuation of Commissioners.
27.	Superannuation of staff.
28.	Advances by Minister to Commission.
29.	Borrowings.
30.	Levies and fees.
31.	Strategy statements.
32.	Accounts and annual report.
33.	Code of financial management.
34.	Accountability of Commission to Committees of Oireachtas.
35.	Radio frequency plan.
36.	Public service requirements.
37.	Regulations relating to wireless telegraphy.
38.	Repeals.

PART 3

Enforcement

39.	Authorised officers.
40.	Search warrants.
41.	Indemnification.
42.	Offences of bodies corporate.
43.	Prosecution of summary offences by Commission.
44.	Notice by Commission of intention to prosecute, etc.
45.	Increase of penalties under section 111(11) of Postal and Telecommunications Services Act, 1983.
46.	Amendment of section 13 of Act of 1996 (offences and increase of penalties).

PART 4

Transition Provisions

47.	Transfer of property and liabilities of Director to Commission.
48.	Preservation of certain continuing contracts.
49.	Adaptation of certain documents.
50.	Continuation of certain matters by Commission.
51.	Pending legal proceedings.

PART 5

Electronic Communications Infrastructure Road Works and Sharing

52.	Interpretation (Part 5).
53.	Opening of public road for establishment of underground electronic communications infrastructure.
54.	Use of public road for establishment of electronic communications infrastructure overground.
55.	Cost apportionment for electronic communications infrastructure relocation due to road improvements.
56.	Regulations and policy of directions to road authorities.
57.	Physical infrastructure sharing by infrastructure providers.
58.	Lopping of trees.
59.	Repeals and revocation.
60.	Service of notices.

SCHEDULE 1

Transfer of Functions from Director to Commission

Part 1

Functions under Acts which are transferred

Part 2

Functions under Statutory Instruments which are transferred

SCHEDULE 2

Enactments Repealed

Acts Referred to
	Arbitration Acts, 1954 to 1998
	Broadcasting Act, 1990	1990, No. 24
	Broadcasting Act, 2001	2001, No. 4
	Broadcasting and Wireless Telegraphy Act, 1988	1988, No. 19
	Broadcasting Authority Act, 1960	1960, No. 10
	Civil Service Regulation Act, 1956	1956, No. 46
	Companies Acts, 1963 to 2001
	Comptroller and Auditor General (Amendment) Act, 1993	1993, No. 8
	Courts Act, 1981	1981, No. 11
	Dublin Transport Authority (Dissolution) Act, 1987	1987, No. 34
	European Communities Act, 1972	1972, No. 27
	European Parliament Elections Act, 1997	1997, No. 2
	Freedom of Information Act, 1997	1997, No. 13
	Irish Aviation Authority Act, 1993	1993, No. 29
	Minimum Notice and Terms of Employment Acts, 1973 and 1994
	Organisation of Working Time Act, 1997	1997, No. 20
	Planning and Development Act, 2000	2000, No. 30
	Postal and Telecommunications Services Act, 1983	1983, No. 24
	Public Offices Fees Act, 1879	42 & 43 Vic., c. 58
	Radio and Television Act, 1988	1988, No. 20
	Redundancy Payments Acts, 1967 to 1991
	Roads Act, 1993	1993, No. 14
	Roads Acts, 1993 to 2001
	Road Traffic Act, 1961	1961, No. 24
	Road Traffic Acts, 1961 to 2002
	Superannuation Act, 1909	9 Edw. 7., c. 10
	Telecommunications (Miscellaneous Provisions) Act, 1996	1996, No. 34
	Telegraph Act, 1863	26 & 27 Vic., c. 112
	Telegraph Act, 1869	32 & 33 Vic., c. 73
	Telegraph Act, 1878	41 & 42 Vic., c. 76
	Telegraph Act, 1892	55 & 56 Vic., c. 59
	Telegraph Act, 1899	62 & 63 Vic., c. 38
	Telegraph (Amendment) Act, 1868	31 & 32 Vic., c. 110
	Telegraph (Arbitration) Act, 1909	9 Edw. 7., c. 20
	Telegraph (Construction) Act, 1908	8 Edw. 7., c. 33
	Telegraph (Construction) Act, 1911	1 & 2 Geo. 5., c. 39
	Telegraph (Construction) Act, 1916	6 & 7 Geo. 5., c. 40
	Unfair Dismissals Acts, 1977 to 1993
	Wireless Telegraphy Act, 1926	1926, No. 45
	Wireless Telegraphy Act, 1972	1972, No. 5
	Worker Protection (Regular Part-Time Employees) Act, 1991	1991, No. 5

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Number 20 of 2002

COMMUNICATIONS REGULATION ACT, 2002

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS THE COMMISSION FOR COMMUNICATIONS REGULATION OR, IN THE IRISH LANGUAGE, AS AN COIMISIÚN UM RIALÁIL CUMARSÁIDE, TO DEFINE ITS FUNCTIONS, TO DISSOLVE THE OFFICE OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION, TO TRANSFER THE FUNCTIONS OF THE DIRECTOR OF TELECOMMUNICATIONS REGULATION TO THE COMMISSION FOR COMMUNICATIONS REGULATION, TO MAKE PROVISION IN RESPECT OF THE OPENING OF PUBLIC ROADS FOR ELECTRONIC COMMUNICATIONS INFRASTRUCTURE, TO PROVIDE FOR THE SHARING OF INFRASTRUCTURE, TO REPEAL CERTAIN ENACTMENTS AND PROVISIONS OF ENACTMENTS AND TO PROVIDE FOR CONNECTED MATTERS. [27th April, 2002]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: