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PART 9
Miscellaneous Amendments to Principal Act
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Amendment of section 2 of Principal Act
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119. Section 2 of the Principal Act is amended—
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(a) by the substitution of the following definition for the definition of “associated facilities”:
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“‘associated facilities’ means associated services, physical infrastructures and other facilities or elements associated with an electronic communications network or an electronic communications service which enable or support the provision of services via that network or service, or have the potential to do so, and include buildings or entries to buildings, building wiring, antennae, towers and other supporting constructions, ducts, conduits, masts, manholes, and cabinets;”,
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(b) by the insertion of the following definition after the definition of “associated facilities”:
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“‘associated service’ means a service associated with an electronic communications network or an electronic communications service which enables or supports the provision, self-provision or automated-provision of services via that network or service, or has the potential to do so, and includes number translation or systems offering equivalent functionality, conditional access systems and electronic programme guides (EPGs), as well as other services such as identity, location and presence service;”,
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(c) by the substitution of the following definition for the definition of “electronic communications network”:
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“‘electronic communications network’ means transmission systems, whether or not based on a permanent infrastructure or centralised administration capacity, and, where applicable, switching or routing equipment and other resources, including network elements which are not active, which permit the conveyance of signals by wire, radio, optical or other electromagnetic means, including satellite networks, fixed (circuit-and packet-switched, including internet) and mobile networks, electricity cable systems, to the extent that they are used for the purpose of transmitting signals, networks used for radio and television broadcasting, and cable television networks, irrespective of the type of information conveyed;”,
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(d) by the substitution of the following definition for the definition of “end-user”:
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“‘end-user’ means a user not providing public electronic communications network or publicly available electronic communications services;”,
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(e) by the insertion of the following definition after the definition of “end-user”:
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“‘end-user of premium rate services’ means a person to whom such a service is supplied, or who has asked for the supply of such a service otherwise than for the purpose of resupply;”,
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(f) by the substitution of the following definition for the definition of “electronic communications service”:
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“‘electronic communications service’ means a service normally provided for remuneration via electronic communications networks, which encompasses, with the exception of services providing, or exercising editorial control over, content transmitted using electronic communications networks and services, the following types of services:
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(a) ‘internet access service’ as defined in point (2) of the second paragraph of Article 2 of Regulation (EU) 2015/2120 of 25 November 2015 7
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(b) interpersonal communications service, and
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(c) services consisting wholly or mainly in the conveyance of signals such as transmission services used for the provision of machine to machine services and for broadcasting;”,
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and
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(g) by the insertion of the following definition after the definition of “financial year”:
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“‘interpersonal communications service’ means a service normally provided for remuneration that enables direct interpersonal and interactive exchange of information via electronic communications networks between a finite number of persons, whereby the persons initiating or participating in the communication determine its recipient and does not include services which enable interpersonal and interactive communication merely as a minor ancillary feature that is intrinsically linked to another service;”.
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7 OJ No. L310, 26.11.2015, p. 1 |
