Eamon Ryan (Dublin South, Green Party)

I move:

That, pursuant to Standing Order 172, Standing Order 127 is modified to permit an instruction to the committee to which the Communications Regulation (Premium Rate Services) Bill 2009 may be recommitted in respect of certain amendments, that it has the power to make provision in the Bill in relation to amending the Communications Regulation Act 2002, by amending section 52, section 53, section 55, section 56, section 60 in Part V of the Communications Regulation Act 2002 and any consequential amendments to any other sections in the Communications Regulation Act 2002 in order-

- to extend the provision to grant consent and set conditions for consent in section 53 of the Communications Regulation Act 2002 to the NRA, for all national roads; with local authorities retaining the consent-giving authority for local and regional roads;

- to update the provisions in relation to the consent procedure set out in section 53;

- to provide for the NRA to make a scheme to charge for the use by network operators of ducts on national roads provided by an authority;

- to amend the provisions concerning emergency roadworks;

- to amend the provisions in relation to cost apportionment for electronic communications infrastructure relocation due to road improvements;

- to provide for specific conditions in legislation that may be set by an authority, without prejudice to any other conditions they may also set;

- to update the provisions in dealing with regulations and policy directions to road authorities;

- to update the provisions on service of notices;

- to update definitions;

- to make any consequential amendments needed to take into account the changes above.

The amendment I am introducing to this Bill relates to Part V of the Communications (Regulation Communications (Regulation) Act 2002. Part V of that Act provides for local authorities to grant consent to telecom operators to open public roads for the establishment of underground communications infrastructure. Under the 2002 Act, local authorities were the sole consent-giving authority in this regard for local, regional, national roads and motorways.

The main purpose of this amendment is to designate the NRA as the consent-giving authority for national roads, which includes motorways. This is to facilitate the National Roads Authority making available its ducting on national roads, including motorways, to facilitate the roll-out of high speed fibre networks to the regions. Much of the text in the amendment is very similar to the text of Part V of the Communications (Regulation) Act 2002. Many of the textual amendments are to extend references to "an authority" to include the NRA as well as the local authorities. This amendment also aims to balance the needs of telecom operators while also ensuring the safe operation of the road network.

I will now set out the key changes that are being proposed. First, the provision to grant consent and set conditions for consent in the 2002 Act is to be extended to the NRA for all national roads. Local authorities will remain the consent-giving authority for local and regional roads. Second, the proposed amendment will provide for the NRA to make a scheme whereby it can impose charges for the use by network operators of ducts on national roads provided by an authority. This will be subject to the approval of the Minister of Transport following consultation with the Minister for Finance and the Minister for Communications, Energy and Natural Resources. Third, under the Communications (Regulation) Act 2002, consent is not required for emergency roadworks but a network operator is required to notify the authority as soon as practicable in advance of the commencement of the emergency roadworks. The proposed amendment deems consent to be granted for emergency road works. This is to facilitate rapid response by network operators to fix faults. The amendment retains the current requirement for advance notification to the authority by the network operator but, unlike the existing 2002 Act, also allows conditions to be imposed by an authority during the progress and after the emergency roadworks. This is to ensure that such roadworks are carried out having regard to the safety of all road users and that the road in question is not left in disrepair after the works are completed.

Fourth, section 55 of the Communications (Regulation) 2002 Act deals with cost apportionment for relocating electronic communications infrastructure due to road improvements. The 2002 Act provides that, where a road authority undertakes roadworks, it pays to a network operator all reasonable costs incurred by the operator in relocating its infrastructure. It is proposed that this provision will be retained.

However, it is intended to include a provision that the NRA will not incur any costs relating to the relocation of network operators' telecoms equipment in ducts on national roads that have been provided and made available by an authority. Finally, it is proposed to provide for specific conditions in legislation that may be set by the local authority or the NRA without prejudice to any other conditions they may also set. The specified conditions include any losses and liabilities that the road authority incurs from a third party, which are caused by any act undertaken by the network operator, can be passed on to network operators; in cases where ducting assets on national roads are provided, and made available, by an authority, to a network operator, the authority will not be liable to that network operator for any loss or damage howsoever caused to the electronic communications infrastructure unless it was caused by gross negligence or wilful neglect on the part of the authority; and the authority will be allowed have representatives present during works to supervise compliance.

While there are other consequential minor textual amendments included, the changes I have outlined are the most significant. I believe that these changes will greatly streamline the process for getting access to ducting running along national roads and motorways for telcos. The proposed changes seek to strike a balance between the need to encourage and facilitate greater investment in broadband roll-out with the need to ensure that our road network is managed and operated in a manner that ensures the highest possible safety standards for all users.

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