Communications Regulation Act, 2002

Directions by Minister.

13.—(1) In the interests of the proper and effective regulation of the electronic communications and postal markets, the management of the radio frequency spectrum in the State and the formulation of policy applicable to such proper and effective regulation and management, the Minister may give such policy directions to the Commission as he or she considers appropriate to be followed by the Commission in the exercise of its functions. The Commission shall comply with any such direction.

(2) Before giving a direction under subsection (1), the Minister shall give to the Commission and publish a draft of the proposed direction and—

(a) give the reasons for it, and

(b) specify the period (being not less than 21 days from giving it to the Commission or such publication, whichever is the later) within which representations relating to the proposal may be made by interested parties.

(3) The Minister, having considered any representations made under subsection (2), may give the direction under subsection (1) with or without amendment.

(4) Where the Minister proposes to make a direction under subsection (1) which, in the opinion of the Minister, has or may relate to the functions of another Minister of the Government, the Minister shall not give to the Commission or publish a draft of the proposal under subsection (2) without prior consultation with that other Minister of the Government.

(5) A direction under subsection (1) relating to management of the radio frequency spectrum may include directions relating to—

(a) the allocation of particular bands of spectrum for specific categories of service, and

(b) the means by which entitlements to use such spectrum may be assigned (including appropriate fees),

and in giving such direction the Minister shall have regard to principles of good frequency management.

(6) A direction under subsection (1) relating to fees referred to in subsection (5)(b) may only be given with the consent of the Minister for Finance.

(7) The Minister shall not give a direction under subsection (1) in respect of—

(a) a person—

(i) who has applied for, or holds a licence or authorisation, or

(ii) to whom a licence or authorisation may be, granted by the Commission, or

(b) the performance of the functions of the Commission in relation to individual undertakings or persons.

(8) Where the Minister gives a direction under subsection (1), a notice of such direction and details thereof, including reasons for giving the direction, shall be published in Iris Oifigiúil.