Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010

Regulations specifying conditions attached to premium rate service licence.

7.— (1) The Commission shall make regulations specifying—

(a) the class or type of premium rate services which require to be licensed under section 6 ,

(b) conditions (including the basis and circumstances upon which refunds may be made to end users) to be attached to licences to be observed by the holders of licences,

(c) that certain conditions do not apply to certain classes or types of premium rate services or premium rate service providers, and

(d) the information that licensed premium rate service providers shall, upon request, provide to the Commission.

(2) Any attachment of conditions, or non-application of conditions, under subsection (1) shall be objectively justified in relation to the premium rate service concerned and shall be non-discriminatory, proportionate and transparent.

(3) A premium rate service provider shall comply with all of the conditions attached to the licence applicable to the provider and the condition referred to in section 15 (6).

(4) In making regulations under subsection (1), the Commission shall consult with the Broadcasting Authority of Ireland or such other regulatory bodies in the State as it considers relevant, in particular in relation to any class or type of premium rate service that comes under the definition of on-demand audiovisual media services under the Council Directive.

(5) In this section “Council Directive” means Council Directive 89/552/EEC of 3 October 1989 1 on the co-ordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 2 and by Directive 2007/65/EC of the European Parliament and of the Council of 11 December 2007 3 .

1 OJ No. L. 298/23, 17.10.1989

2 OJ No. L. 202/60, 30.07.1997

3 OJ No. L. 332, 18.12.2007