Patrick O'Donovan (Limerick, Fine Gael)
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Question 354: To ask the Minister for Communications, Energy and Natural Resources if his attention has been drawn to practices (details supplied) within the mobile telephone industry; if he is satisfied that the area is adequately regulated; and if he will make a statement on the matter. [34343/11]

Pat Rabbitte (Dublin South West, Labour)
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The primary purpose of Part 2 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 is to ensure the more effective regulation of the premium rate sector in the interest of consumer protection, including the prevention of scams and fraud.

Under the provisions of that Act, the Commission for Communications Regulation (ComReg) has statutory responsibility for the regulation of premium rate services. ComReg has made Regulations specifying the classes or types of premium rate services (PRS) that are required to be licensed, the terms and conditions that may be attached to a licence and the information that PRS providers shall provide to ComReg upon request

The Act provides for the continuation of the Code of Practice that was in place at the time when responsibility for the regulation of the PRS industry was conferred on ComReg. The Act also provides for ComReg to, through consultation with the industry and other interested parties, prepare and publish a Code of Practice to be followed by premium rate service providers. Compliance with the Code of Practice is a condition of a licence. ComReg is in the process of concluding its consultation on a revised Code of Practice and intends to publish the new Code in the coming weeks. It is anticipated that this Code will enhance transparency and protections for users of premium rate services.

The Act also provides ComReg with enforcement powers to ensure that licence conditions are met. It provides the necessary investigation powers for ComReg to ensure that the conditions of a licence are being complied with. ComReg has the power to revoke, amend or suspend a PRS licence where it finds the holder has failed to comply with a licence condition. I am satisfied that ComReg has the statutory powers necessary to protect the interests of PRS users. Any complaint regarding such services should, in the first instance, be directed to ComReg. Comprehensive information on the rights of individuals and complaints procedures is available on the ComReg's website www.phonesmart.ie.