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Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 17: In page 23, line 35, to delete "2022)." and substitute "2022);". The purpose of these amendments is to provide for new transitional provisions, specifically for the alternative dispute resolution procedure that was previously based on regulation No. 27 of the universal service regulations but will now be in Part 4 of the Bill. These provisions will provide that...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 18: In page 23, after line 35, to insert the following: “ “Universal Services Regulations” means the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011 (S.I. No. 337 of 2011).”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 19: In page 28, between lines 18 and 19, to insert the following: “Application of Universal Service Regulations to certain disputes 39.Where on the coming into operation of this section, a dispute is before the Commission, or an independent person, for resolution in accordance with Regulation 27(4) of the Universal Service Regulations then, notwithstanding any...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 20: In page 28, between lines 18 and 19, to insert the following: “Continuation of measures under Universal Services Regulations 40.(1) Any measure that is in force under Regulation 27 of the Universal Services Regulations on the coming into operation of this section shall continue in force and be deemed to have been made under, and in accordance with, this...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: The purpose of the deletions and amendments outlined in amendments Nos. 21 to 33 is to rectify an issue identified in the transitional provisions found in sections 99 to 102, inclusive, of the Bill. Sections 99 to 101, inclusive, will now be moved into the European Union electronic communications code regulations 2022. It is proposed that section 102 be retained in an amended form.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It will go through the secondary regulations. It will be done through the regulations.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: No, exactly.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: The section provides for notification given under section 17(1), or applications made under section 17(4), of the authorisation regulations, which notified undertakings that ComReg was suspending or withdrawing any rights of use for radio frequencies, or rights of use for numbers granted to the undertaking, and allowed ComReg to apply to the High Court for the payment of a financial penalty...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: It is related to that, yes.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: This section provides that where an application has been made to the High Court for the imposition of a financial sanction under regulation 37(4) of the framework regulations, regulation 19(4) of the access regulations, regulation 16(6) of the authorisation regulations or regulation 31(5) of the universal service regulations for a breach of those specific regulations by an undertaking, then...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 21: In page 75, line 20, after “of” to insert “this section”. We propose that this transitional provision be maintained in the Bill as it provides for an investigation that has commenced under the old regime. Where the undertaking has been given, there is an opportunity to state its views and remedy its non-compliance in accordance with...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 22: In page 75, line 21, to delete “section 99(a),”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 23: In page 75, line 23, to delete “Framework Regulations” and substitute the following: “European Communities (Electronic Communications Networks and Services) (Framework) Regulations 2011 (S.I. No. 333 of 2011)”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 24: In page 75, line 23, to delete “the Framework” and substitute “those”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 25: In page 75, line 25, to delete “section 99(b),”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 26: In page 75, line 27, to delete “Access Regulations” and substitute the following: “European Communities (Electronic Communications Networks and Services) (Access) Regulations 2011 (S.I. No. 334 of 2011)”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 27: In page 75, line 28, to delete “the Access” and substitute “those”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 28: In page 75, line 29, to delete “section 99(c),”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 29: In page 75, line 31, to delete “Authorisation Regulations” and substitute the following: “European Communities (Electronic Communications Networks and Services) (Authorisation) Regulations 2011 (S.I. No. 335 of 2011)”.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Ossian Smyth: I move amendment No. 30: In page 75, lines 31 and 32, to delete “the Authorisation” and substitute “those”.

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