S.I. No. 445/1997 - European Communities (Application of Open Network Provision To Voice Telephony) Regulations, 1997
I, Mary O'Rourke, Minister for Public Enterprise, 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. 95/62/EC1 of the European Parliament and of the Council of 13 December 1995 on the application of Open Network Provision (ONP) to Voice Telephony hereby make the following Regulations: | ||
1 O.J. No. l321 of 30.12.95, p.6 | ||
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1 Citation and Commencement | 1. (1) These Regulations may be cited as the European Communities (Application of Open Network Provision to Voice Telephony) Regulations, 1997. | |
(2) These Regulations shall come into operation on the 31st day of October, 1997. | ||
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2 Interpretation | 2. (1) In these Regulations, except where the context otherwise requires | |
"Act of 1983" means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983), as amended; | ||
"Commission" means the Commission of the European Communities; | ||
"Company" means Bord Telecom Éireann; | ||
"customer" means a person who enters into a contract with the Company for the provision of a connection to the fixed public telecommunications network and includes a person who is a licensee under section 111 of the Act of 1983; | ||
"Directive" means Directive No. 95/62/EC of the European Parliament and of the Council of 13 December 1995; | ||
"Director" means the Director of Telecommunications Regulation; | ||
"the Fixed public telecommunications network" means the public switched telecommunications network which is used, inter alia, for the provision of a voice telephony service between network termination points at fixed locations; | ||
"Member State" means a Member State of the European Union; | ||
"Minister" means the Minister for Public Enterprise; | ||
"national numbering scheme" means the scheme which was established by the Minister and is now administered by the Director and which sets out the sequence of numbers or other characters which must be used to route telephony traffic to specific locations on the public telecommunications network; | ||
"network termination point" means all physical connections and their technical access specifications which form part of a telecommunications network and are necessary for access to. and efficient communication through, that network; | ||
"ONP Committee" means the committee created by Article 9(1) of Council Directive 90/387/EEC2 of 28 June 1990; | ||
2 O.J. No. L192 of 24.7.1990,p.1 | ||
"public mobile telephony services" means public mobile telephony services operated in accordance with licences granted pursuant to the provisions of section 111(2) of the Act of 1983: | ||
"public telecommunications network" means a telecommunications network used, inter aha, for the provision of public telecommunications services between network termination points on such network; | ||
"public telecommunications service" means a telecommunications service available to the public, | ||
"telecommunications organisation" means a public or private body to which a Member State grants special or exclusive rights for the provision of a fixed public telecommunications network and, where applicable, voice telephony services, | ||
the Treaty" means the Treaty establishing the European Community; | ||
"user" means a user of the fixed public telecommunications network, and includes a customer; | ||
"voice telephony" means the commercial provision for the public of the direct transport and switching of speech in real-time between public switched network termination points, enabling any user to use equipment connected to such a network termination point in order to communicate with another such termination point. | ||
(2) A word or expression that is used in these Regulations and is also used in the Directive has, except where the context otherwise requires, the same meaning in these Regulations that it has in the Directive. | ||
(3) In these Regulations unless otherwise indicated - | ||
( a ) a reference to a regulation or Schedule is to a regulation of or Schedule to these Regulations, | ||
( b ) a reference to a paragraph or subparagraph is to a paragraph or subparagraph of the regulation in which the reference occurs, and | ||
( c ) a reference to an Annex is to an Annex of the Directive. | ||
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3 Provision of service and use of the network | 3. (1) The Company shall provide a fixed public telecommunications network and a voice telephony service in accordance with the provisions of these Regulations and, without prejudice to the generality of the aforesaid, the Company: | |
( a ) shall ensure that users can, subject to these Regulations, obtain a connection to the Fixed public telecommunications network; | ||
( b ) shall ensure that users may, subject to these Regulations, connect and use terminal equipment which is situated on the customer's premises and which is approved in accordance with the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 ), or the European Communities (Telecommunications Terminal Equipment) Regulations, 1997 ( S.I. No. 73 of 1997 ), or any Regulations amending or adapting those Regulations, | ||
and | ||
( c ) shall adhere to the principle of non-discrimination when it uses the fixed public telecommunications network for providing services which are or may be provided by other service providers. | ||
(2) These Regulations shall not apply to public mobile telephony services except in so far as they concern interconnection in the State between the networks used for public mobile telephony services and the fixed public telecommunications network. | ||
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4 Publication of and access to information | 4. (1) ( a ) The Company shall ensure that adequate and up to date information in relation to the matters specified in the Schedule is made publicly available and shall publish within two months of the coming into operation of these Regulations references to the public availability of such information in each of the national newspapers and in the Iris Oifigiúil. | |
( b ) The Company shall display the information which it makes publicly available in accordance with paragraph (1) (a) in each of its public offices. | ||
(2) The Company shall notify the Director about any information concerning in changes in existing services provided by the Company at least two weeks before such changes take effect. | ||
(3) The Company shall provide information on new services to the Director at least two weeks before such new services are introduced. | ||
(4) Unless otherwise directed by the Director, information to be provided under paragraphs (2) and (3) shall be made publicly available by the Company in accordance with paragraph (1) not later than the time when the proposed changes take effect or when those new services are introduced as the case may be. | ||
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5 Targets for supply-time and quality of service | 5. (1) The Company shall set targets for the supply-time and quality of service indicators listed in Annex II and shall bring them up to date at least once a year. | |
(2) The definitions, measurement methods and targets specified in paragraph (1) shall be reviewed by the Director prior to the first publication of such targets under regulation 4 and at least every three years thereafter. | ||
(3) The Director may, where he or she considers it necessary in the interest of customers, require the Company to alter those targets. | ||
(4) The Company shall comply with a requirement specified by the Director under paragraph (3). | ||
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6 Conditions for the termination of offerings | 6. (1) The Company shall ensure that it continues services provided by it for a reasonable period of time, and that termination of a service, or a change that materially alters the use that may be made of such a service, may not take place other than after consultation by the Company with the users affected, and an appropriate period of public notice which shall be specified by the Director. | |
(2) Without prejudice to other rights provided for in law, users shall have the right to appeal to the Director in the event of a dispute concerning a termination date decided upon as part of a decision by the Company to withdraw a particular service and the Director may require the Company to alter a termination date arising from such an appeal. | ||
(3) The Company shall comply with any requirement imposed by the Director under paragraph (2). | ||
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7 Customer contracts | 7. (1) Contracts between the Company and its customers shall specify the service to be provided by the Company. | |
(2) The Company shall provide a scheme approved of by the Director for compensation or refunds or both compensation and refunds if the service quality levels contracted for are not met and any exception to these arrangements shall be justified and specified in the contract. | ||
(3) The Company shall respond without delay to a request for connection to the fixed public telecommunications network and shall, subject to these Regulations, give the customer an estimated date for provision of the service requested by the customer. | ||
(4) The Director may, where he or she considers it necessary in the interest of customers, require the Company, to alter the conditions of contracts, including conditions relating to limitation of liability and the conditions of any schemes referred to in paragraph (2) and the Company shall comply with such requirement. | ||
(5) Contracts between the Company and its customers shall contain particulars of the method of initiating procedures for the settlement of disputes. | ||
(6) Section 88(1) of the Act of 1983 shall not apply to customers or other users in respect of a service provided by the Company which is not a voice telephony service. | ||
(7) Notwithstanding paragraph (6), the compensation and refund arrangements referred to in paragraph (2) shall be available to customers. | ||
(8) With effect from 1 January, 2000, section 88(1) of the Act of 1983 shall stand repealed. | ||
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8 Variation of published conditions | 8. Where, in response to a particular request, the Company considers it unreasonable to provide a connection to the fixed public telecommunications network under its published tariffs and supply conditions, it shall seek the agreement of the Director to vary those conditions. | |
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9 Provision of advanced facilities | 9. (1) The Company shall provide, subject to technical feasibility and economic viability, the facilities listed in Annex III (1). | |
(2) The Company, following consultation with the Director, shall set targets for the provision of services and facilities listed in Annex 111(1) and (2). | ||
(3) Where the Company provides the services and facilities listed in Annex III (1) and (2) it shall comply with the technical standards listed in regulation 23. | ||
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10 Special network access | 10. (1) ( a ) The Company shall respond in accordance with this regulation to reasonable requests from users, other than | |
(i) operators of public mobile telephony services, and | ||
(ii) telecommunications organisations, | ||
for access to the fixed public telecommunications network at network termination points other than the network termination points referred to in the Schedule. | ||
( b ) Whenever the Company proposes to restrict or deny access to the fixed public, telecommunications network at network termination points other than the network termination points referred to in the Schedule, or to vary its conditions in a particular case, the Company shall, without delay, notify the applicant seeking such access and the Director of the proposal and shall include in the notification a statement of the reason or reasons for the proposal or proposals and of the rights of the applicant under subparagraph (c). | ||
( c ) Without prejudice to the procedure established by the Director on foot of regulation 25, an applicant may, within one calendar month of receipt by him or her of a notification under subparagraph (b), make representations to the Director in relation to the proposal or proposals concerned. | ||
( d ) Where an applicant makes representations pursuant to subparagraph (c), the Director shall decide on the proposal by the Company to restrict or deny such access to the fixed public telecommunications network or to vary the conditions in the particular case. The Director, in making a decision, shall take into account the representations made by the applicant and the notification by the Company under subparagraph (b) and the Company shall comply with that decision. | ||
( e ) The Director shall notify the Company and the applicant concerned in writing of his or her decision pursuant to subparagraph (d) without delay, and shall include in the notification a statement of the reason or reasons for the decision. | ||
( f ) Where no .representations have been made pursuant to subparagraph (c) within the period specified in that subparagraph, the Company may implement the proposal referred to in subparagraph (b), | ||
( g ) This paragraph shall not apply to any action taken for the enforcement of licensing conditions or to proceedings before a court. | ||
(2) Technical and commercial arrangements for special network access of the type described in paragraph (1) shall be a matter for agreement between the parties involved, subject to intervention by the Director as laid down in paragraphs (1) and (5). | ||
(3) The agreement referred to in paragraph (2) may include reimbursement to the Company of the costs incurred, inter alia, in providing the network access requested. | ||
(4) Charges levied for the purpose of reimbursement referred to in paragraph (3) shall fully respect the principles of cost orientation set out in Annex II to Directive 90/387/EEC. | ||
(5) The Director may intervene, on his or her own initiative at any time and shall intervene if requested by either party, in order to set conditions for the provision of network access of the type described in paragraph (1) or for the provision of interconnection in accordance with regulation 11 that are non-discriminatory, fair and reasonable and include conditions on all or any of the following: | ||
( a ) conformity with relevant standards; | ||
( b ) compliance with essential requirements; or | ||
( c ) the maintenance of end-to-end quality. | ||
(6) The Company shall comply with any conditions set under paragraph (5). | ||
(7) The Company shall, on a request being made by the Director, make available to the Director details of agreements for special network access of the type described in paragraph (1). | ||
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11 Interconnection | 11. (1) The Company shall ensure that it meets reasonable requests for interconnection with the fixed public telecommunications network from: | |
( a ) telecommunications organisations providing fixed public telecommunications networks in other Member States, whose names have been notified to the Commission by their respective national regulatory authorities as being authorised to interconnect their fixed public telecommunications networks directly with those of telecommunications organisations in other Member States in order to terminate telephony traffic in the State; and | ||
( b ) operators of public mobile telephony services in the State. | ||
(2) No request for interconnection made in accordance with paragraph (1) shall be refused by the Company without the prior agreement of the Director. | ||
(3) Technical and commercial arrangements for interconnection shall be a matter for agreement between the parties involved, subject to intervention by the Director as provided for in regulation 10 (5). | ||
(4) The Company shall adhere to the principle of non-discrimination when it enters into interconnection agreements. | ||
(5) If interconnection agreements provide for specific payments to the Company in situations where different operating conditions are imposed upon the respective parties, such payments shall be cost-oriented, non-discriminatory and justified, and shall only be applied with the approval of the Director. | ||
(6) The Company shall, on a request being made by the Director, make available to the Director details of interconnection agreements. | ||
(7) No request for interconnection with the fixed public telecommunications network of operators of public mobile telephony services in other Member States, whose names have been notified to the Commission by their respective national regulatory authorities as being authorised to interconnect directly with the fixed networks of telecommunications organisations in other Member States in order to provide a voice telephony service, shall be refused by the Company without the prior agreement of the Director. | ||
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12 Tariff principles and transparency | 12. (1) The Company shall ensure that tariffs for use of the fixed public telecommunications network and the voice telephony service follow the basic principles of transparency and cost orientation set out in Annex II to Directive 90/387/EEC. | |
(2) The Company shall ensure that tariffs for access to and use of the fixed public telecommunications network shall be independent of the type of application which the customers implement, except to the extent that they require different services or facilities. | ||
(3) The Company shall ensure that tariffs for facilities additional to the provision of connection to the Fixed public telecommunications network and the provision of the voice telephony service shall be sufficiently unbundled to ensure that the customer is not required to pay for facilities which are not necessary for the service requested. | ||
(4) ( a ) The Company shall ensure that tariffs shall where practicable contain the following elements, each of which shall be itemised separately for the customer: | ||
(i) an initial charge for connection to the fixed public telecommunications network and subscription to the voice telephony service; | ||
(ii) a periodic rental charge based on the type of service and facilities selected by the customer; | ||
(iii) call charges which may, inter alia, take account of peak and off- peak periods. | ||
( b ) Any other tariff elements applied by the Company shall be made known to the customer in order for him or her to ascertain without difficulty what the elements of the tariffs are and the basis on which they are to be charged and shall be based on objective criteria. | ||
( c ) A tariff element referred to in subparagraph (b) may not be imposed by the Company unless the tariff element has the prior approval of the Director. | ||
(5) The Company shall not amend or vary charges for voice telephony services until the expiration of such period of notice as may be specified by the Director in respect of the charge. | ||
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13 Cost accounting principles | 13. (1) The Company shall operate and maintain a cost accounting system which is suitable for the implementation of regulation 12. | |
(2) The Company shall include, in a cost accounting system, the elements specified in Article 13(3) unless the Director otherwise consents in writing and informs the Commission of that consent prior to the application of the system. | ||
(3) Compliance by the Company with a cost accounting system shall be verified by a person or body independent of the Company and selected by the Company with the prior approval of the Director. | ||
(4) A statement concerning compliance by the Company with a cost accounting system shall be published in the annual accounts of the Company. | ||
(5) The Company shall when requested to do so by the Director make available to the Director a description of the cost accounting system operated and maintained by the Company in accordance with paragraph (1), which shows the main categories under which costs are imposed and the rules used for the allocation of costs to the voice telephony service. | ||
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14 Discounts, low usage schemes and other specific tariff provisions | 14. (1) Bulk discount schemes offered by the Company to customers shall be notified to the Director not later than one week, or such other period as may be specified by the Director, before they come into effect. | |
(2) The Company may, subject to the prior approval of the Director, apply special tariffs for the provision of services of particular social value to the general public, for customers who do not use such services regularly or for specific social groups. | ||
(3) The Company shall provide tariff structures which allow for reduced rate calls to all Member States at off-peak times, including night time and weekends where appropriate. | ||
(4) Where special tariffs are introduced by the Company for voice telephony services provided in connection with specific projects of limited duration those tariffs shall be subject to prior notification to the Director. | ||
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15 Itemised billing | 15. (1) The Company shall, taking into account the state of network development and market demand, set and publish targets for the provision of itemised billing as a facility available to customers on request. | |
(2) Subject to the provisions of paragraph (3) and any requirements of the law relating to the protection of personal data and privacy, the Company shall ensure that itemised bills show the composition of the charges incurred. | ||
(3) The Company shall ensure that calls which are free of charge to the caller, and calls to help lines, are excluded from the itemised bills of the customers from whose telephones such calls are made. | ||
(4) The Company may apply reasonable tariffs for the provision of different levels of detail offered to customers in itemised bills. | ||
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16 Directory Services | 16. The Company shall, subject to any requirements of the law relating to the protection of personal data and privacy, ensure that: | |
( a ) users of the voice telephony service may obtain directories of customers in either printed or electronic form, as they wish, and the Company shall ensure that such directories are updated at least once in each year; | ||
( b ) customers have the right to have or not to have an entry in publicly available directories; | ||
( c ) public directory information concerning the voice telephony service is made available on request on published terms which are fair, reasonable and non-discriminatory. | ||
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17 Public pay-telephones and or payment cards | 17. (1) The Company shall, in so far as it is reasonably practicable, provide public pay-telephones to satisfy all reasonable needs for such services throughout the State, and shall ensure, in so far is reasonably practicable, that it is possible to make emergency calls from such telephones. | |
(2) Calls to the single European emergency call number referred to in Council Decision 91/396/EEC3 of 29 July 1991 shall be free of charge. | ||
3 O.J. No. L127 of 6.8. 1991 p.31 | ||
(3) Where standards for a harmonised telephone prepayment card suitable for use in pay-telephones in all Member States are adopted the Company shall introduce public pay-telephones capable of accepting such cards in so far as it is reasonably practicable to do so. | ||
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18 Specific conditions for disabled users and people with special needs | 18. The Company shall comply with any conditions drawn up and notified to it by the Director in order to aid disabled users and people with special needs in their use of the voice telephony service. | |
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19 Specifications for network access, including the socket | 19. Where a voice telephony service is supplied by the Company to customers over the integrated Services Digital Network (ISDN) at the S/T reference point, the Company shall ensure that the introduction of a new network termination point by the Company complies with the relevant physical interface specifications, in particular those for the socket, as described in the list of standards in this regard published in the Official Journal of the European Communities. | |
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20 Numbering | 20. (1) ( a ) No person shall allocate a number or other character to a network termination point on the public telecommunications network for the purpose of routing a call to such a network termination point or use a number or other character to route a call to such a network termination point, other than in accordance with the national numbering scheme. | |
( b ) The Director may attach conditions to the allocation of numbers from the national numbering scheme and such conditions shall be complied with. | ||
(2) The Director shall ensure that the procedures for allocation of individual numbers and numbering ranges shall be transparent, equitable and timely, and the allocation shall be carried out in an objective, transparent and non-discriminatory manner. | ||
(3) The Director shall ensure that the main elements of the national numbering scheme and all subsequent additions or amendments to it are published, subject only to [imitations imposed on the grounds of national security. | ||
(4) The Director shall encourage appropriate use of any European numbering schemes for the provision of the facilities identified in Annex III.(2). | ||
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21 Conditions of access and use and essential requirements | 21. (1) Without prejudice to regulations 10 and 22, the Company shall ensure that conditions which restrict access to and use of the fixed public telecommunications network or the voice telephony service are based only on the grounds set out in this regulation and are subject to the agreement of the Director. | |
(2) Any restrictions placed upon users by the Company on the basis of special or exclusive rights for the provision of the voice telephony service shall be subject to the approval of the Director. | ||
(3) Without prejudice to Articles 3(5) and 5(3) of Directive 90/387/EEC, restrictions on access to or use of the fixed public telecommunications network to ensure compliance with the essential requirements shall apply in the manner specified in Article 22(5) of the Directive. | ||
(4) When access to or use of the fixed public telecommunications network is restricted on the basis of all or any of the essential requirements specified in Article 22(5) of the Directive the reasons therefor shall be notified to the Director and the user concerned. | ||
(5) Without prejudice to the provisions of Directive 91/263/EEC 4, where a customer's terminal equipment does not comply or no longer complies with its approval conditions, or where it malfunctions in a way which adversely affects the integrity of the network, or where there is a danger of physical injury to persons, the Company shall ensure that the following procedure is followed: | ||
4 O.J. No. L128 of 23.5.1991 p1 | ||
( a ) service provision may be interrupted by the Company until the terminal is disconnected from the network termination point, | ||
( b ) the Company shall immediately inform the customer about the interruption giving the reasons for it, | ||
and | ||
( c ) as soon as the customer has ensured that the terminal equipment is disconnected from the network termination point, service provision shall be restored. | ||
(6) The Company shall not refuse to provide access to the fixed public telecommunications network nor interrupt nor reduce the availability of the voice telephony service on the grounds of a user's alleged failure to comply with the conditions of use, other than in accordance with procedures for this purpose laid down by the Director. Nothing in these Regulations shall prohibit the Director from establishing or approving, a priori, specified measures in the case of defined infringements of the conditions of use. | ||
(7) The procedures referred to in paragraph (6) shall provide for a transparent decision making process in which due respect is given to the rights of the parties concerned and all parties have an opportunity to state their case. The Director's decision under the procedures referred to in paragraph (6) shall be substantiated and notified by the Director to the parties within one week of its adoption. | ||
(8) For the purpose of ensuring compliance with these Regulations, the Director may. by notice issued in writing, direct the Company to refuse to provide access to the fixed public telecommunications network or interrupt or reduce the availability of the voice telephony service and the Company shall comply with any direction so made. | ||
(9) The Director may, where he or she considers it appropriate to do so, withdraw a notice issued under this regulation. | ||
(10) Where a notice is authorised or required by or under this regulation to be sent or given to the Company by the Director it shall be addressed to the Company and may be served on or given to the Company in one of the following ways | ||
( a ) by delivering it to the Company at its registered office, | ||
( b ) by leaving it at its registered office, or | ||
( c ) by sending it by ordinary prepaid post addressed to the Company at its registered office | ||
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22 Non-payment of bills by customers | 22. (1) The Company shall draw up specified measures, which shall be subject to the approval of the Director, to establish procedures to be followed in the event of the non-payment of bills, and any consequent service interruption or disconnection. | |
(2) The measures referred to in paragraph (1) shall ensure that any service interruption is confined to the service concerned, as far as it is technically feasible, and that due warning is given to the customer concerned beforehand. | ||
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23 Technical standards | 23. (1) Without prejudice to European standards, reference to which may be made compulsory under Article 5(3) of Directive 90/387/EEC, the Company shall provide services according to the standards listed below: | |
( a ) standards published in the Official Journal of the European Communities, in accordance with Article 5(1) of Directive 90/387/EEC, or, in the absence of such standards, | ||
( b ) European standards adopted by the European Telecommunications Standards Institute (ETSI), or the European Committee for Standardisation (CEN) and the European Committee for Electro-technical Standardisation (Cenelec), or, in the absence of such standards, | ||
( c ) international standards or recommendations adopted by the International Telecommunications Union (ITU), the International Organisation for Standardisation (ISO) or the International Electrotechnical Commission (IEC), or, in the absence of such standards, | ||
( d ) national standards or specifications. | ||
(2) The Company shall inform customers on request of standards or specifications, including any European or international standards which are implemented through the national standards, in accordance with which the services and facilities referred to in these Regulations are provided. | ||
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24 Notification and reporting | 24. (1) The Director shall notify to the Commission the name of the telecommunications organisation in the State to which these Regulations apply and which is authorised to interconnect the fixed public telecommunications network directly with those of telecommunications organisations in other Member States in order to provide voice telephony services. | |
(2) The Company shall furnish to the Director, not later than 31 March in each year, a report for the preceding calendar year showing the progress made in achieving its targets under regulations 5, 9 and 15, | ||
(3) The Director shall, not later than 31 May in each year, make available to the Commission a report covering the progress made in the preceding calendar year by the Company in achieving the targets under regulations 5, 9 and 15. | ||
(4) ( a ) The Director shall keep available and submit to the Commission on request details of individual cases brought before him or her, other than those covered by regulation 22, where access to the fixed public telecommunications network or voice telephony service or use of the fixed public telecommunications network or voice telephony service has been restricted or denied, including the measures taken and the justification for these measures. | ||
( b ) The provisions of subparagraph (a) shall not apply to any action taken for the enforcement of licensing conditions or to proceedings before a court. | ||
(5) The Director shall notify the Commission without delay, after the coming into operation of these Regulations, of the manner in which information referred to in regulation 4 is made available, and thereafter, the Director shall notify the Commission without delay of any change to the manner in which information is made available. | ||
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25 Conciliation and resolution of disputes | 25. (1) Without prejudice to all or any of the following: | |
( a ) any action that the Commission or any Member State may take pursuant to the Treaty; | ||
( b ) the rights of | ||
(i) the person invoking the procedure referred to in paragraph (3), | ||
(ii) the Company, or | ||
(iii) any other person under applicable national legislation, including the right of a person to make a complaint under section 4 of the Ombudsman Act, 1980 (No. 26 of 1980), | ||
except in so far as they enter into a bilateral agreement for the resolution of disputes between them; | ||
( c ) the provisions of these Regulations which allow the Director to set the terms of contracts between the Company and customers; | ||
the procedures set out in this regulation shall be available in respect of conciliation and resolution of disputes concerning an alleged infringement of these Regulations. | ||
(2) ( a ) Any party, including customers or other users, having an unresolved dispute with the Company concerning an alleged infringement of the provisions of these Regulations shall have a right of appeal to the Director. | ||
( b ) The Director shall ensure that the procedures which it shall establish for the purposes of subparagraph (a) shall be published, easily accessible and, in principle, inexpensive, and shall facilitate the resolution of disputes in a fair, transparent and timely manner. | ||
( c ) The Director shall not investigate a dispute referred to in subparagraph (a) if the dispute has been or is the subject of an investigation under the Ombudsman Act, 1980 . | ||
(3) ( a ) A person may. where the dispute involves telecommunications organisations in more than one Member State, invoke the conciliation procedure provided for in Article 27(3) and (4) of the Directive, by means of a written notification to the Director and to the Commission. | ||
( b ) Where the Director finds that there is a case for further examination, following receipt of a notification under subparagraph (a), he or she may refer the matter to the Chairman of the ONP Committee. | ||
(4) The party invoking the procedures established by the Director for the purposes of paragraphs (2)(a) and (3) shall bear its own costs of participating in the procedures. | ||
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26 Enforcement | 26. (1) It shall be a function of the Director to monitor compliance by the Company with these Regulations. | |
(2) The functions of the Director under these Regulations shall be deemed to be included in the functions conferred on the Director under the Telecommunications (Miscellaneous Provisions) Act, 1996 (No. 34 of 1996). | ||
(3) The Company shall furnish the Director with any such information as the Director may reasonably require for the purposes of his or her functions under these Regulations. | ||
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27 Offences and penalties | 27. (1) A person who contravenes regulations 3(1), 4(1), 4(2), 4(3), 4(4), 5(1), 5(4), 6(1), 6(3), 7(1), 7(2), 7(3), 7(4), 7(5), 7(7), 8, 9(1), 9(2), 9(3), 10(1), 10(4), 10(6), 10(7),11(1), 11(2), 11(4), 11(5), 11(6), 11(7), 12(1), 12(2), 12(3), 12(4), 12(5), 13(1), 13(2), 13(3), 13(4), 13(5), 14(1), 14(2), 14(3), 14(4), 15(1), 15(2), 15(3), 16, 17(1), 17(2), 17(3), 18. 19, 20(l)(a), 21(1), 21(2), 21(3), 21(4), 21(5), 21(6), 21(8), 22(1), 23(1), 23(2), 24(2), and 26(3) shall be guilty of an offence under these Regulations and shall be liable on summary conviction to a fine not exceeding £1,500. | |
(2) For every day or part of a day the Company is in breach of any of the regulations referred to in paragraph (1) it shall be liable to prosecution and, if convicted, to a Fine not exceeding £1,000.00 per day or part thereof, in respect of each such offence. | ||
(3) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Director. | ||
(4) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under these Regulations may be brought within 12 months from the date of the offence. | ||
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SCHEDULE | ||
Regulation 4 | ||
Information to be published in accordance with regulation 4 | ||
(1) Name and address of the Company | ||
(2) Telecommunications services offered: | ||
(2.1) Type of connection to the fixed public telecommunications network | ||
Technical characteristics of interfaces at commonly provided network termination points on the Fixed public telecommunications network to be specified, including where applicable reference to national or international standards, specifications or recommendations, in accordance with regulation 23: | ||
• for analogue or digitally presented networks: | ||
( a ) single line interface; | ||
( b ) multi-line interface; | ||
( c ) direct dialling in (DDI) interface; | ||
( d ) other interfaces commonly provided; | ||
• for ISDN: | ||
( a ) specification of basic and primary rate interfaces at the S/T reference points, including the signalling protocol; | ||
( b ) details of bearer services able to carry voice telephony services; | ||
( c ) other interfaces commonly provided; | ||
• and any other interfaces commonly provided. | ||
(2.2) Telephone services offered | ||
Description of the basic voice telephony service offered, indicating what is included in the customer's subscription charge and the periodic rental charge (e.g. operator service, directories, maintenance). | ||
Description of optional facilities and features of the voice telephony service which are tariffed separately from the basic service, including where applicable reference to the relevant technical standards or specifications to which they conform, in accordance with regulation 23. | ||
(2.3) Tariffs | ||
Covering access, usage, maintenance, and including details of any discount schemes in accordance with the requirements of regulations 12 and 14. | ||
(2.4) Compensation/refund policy | ||
Including specific, details of the compensation or refund schemes offered in accordance with the requirements of regulation 7. | ||
(2.5) Types of maintenance service offered | ||
Including arrangements for advance notification of periods when access to or use of the fixed public telecommunications network may be restricted or denied as a result of planned maintenance activity. | ||
(2.6) Ordering procedure | ||
Including designated contact points within the Company. | ||
(2.7) Standard contract | ||
Including any minimum contractual period. | ||
(3) Conditions for connection of terminal equipment to the fixed public telecommunications network | ||
This shall include | ||
• conditions required for the purpose of compliance with the European Communities (Telecommunications Services) Regulations, 1992 ( S.I. No. 45 of 1992 ), or the European Communities (Telecommunications Terminal Equipment) Regulations, 1997 ( S.I. No. 73 of 1997 ) or any amendment thereto, and | ||
• where appropriate, conditions concerning customer premises wiring and location of the public telecommunications network termination point. | ||
(4) Restrictions on access and use | ||
This shall include any restrictions on access and use imposed in accordance with the requirements of regulation 21 and shall in particular include: | ||
• reference to the procedures referred to in paragraphs (6) and (7) of that regulation, | ||
• details of any restrictions imposed in accordance with regulation 21 on the basis of special or exclusive rights for the provision of voice telephony services, and | ||
• details of any restrictions imposed on the basis of the essential requirements as specified in Article 22 of the Directive. | ||
(5) Performance and quality of service parameters | ||
Definitions, measurement methods, targets and achieved performance figures, in accordance with the requirements of regulation 5. | ||
(6) Targets for the introduction of new services, features, facilities and tariffs | ||
In accordance with the requirements of regulations 9 and 15. | ||
(7) Conditions for special network access | ||
This shall include conditions for special network access set by the Director in accordance with regulation 10(5). | ||
(8) Availability of description of the cost accounting system | ||
The address, from which the description of the cost accounting system, adopted in accordance with the requirements of regulation 13, may be requested. | ||
(9) Terms for the use of directory information | ||
In accordance with regulation 16. | ||
(10) Conciliation and dispute resolution procedure | ||
This shall include guidelines for users on the appeal mechanisms available for conciliation and resolution of disputes with the Company in accordance with regulation 25. | ||
(11) Non-payment of bills | ||
The procedure laid down in accordance with regulation 22 to be specified. | ||
GIVEN under my Official Seal, this 31st day of October, 1997. | ||
Mary O'Rourke, T.D., | ||
Minister for Public Enterprise. | ||
EXPLANATORY NOTE | ||
The purpose of these Regulations is to give legal effect to European Parliament and Council Directive 95/62/EC of 13 December, 1995 on the application of open network provision (ONP) to voice telephony. | ||
The purpose of Directive 95/62/EC is to provide for the harmonisation of conditions for open and efficient access to and the use of fixed public telecommunications networks and public telephony services and the availability throughout the Community of a harmonised voice telephony service. |