STATUTORY INSTRUMENTS

S.I. No. 70 of 2000.

EUROPEAN COMMUNITIES (TELECOMMUNICATIONS LICENCES) (AMENDMENT) REGULATIONS, 2000

S.I. No. 70 of 2000.

European Communities (Telecommunications Licences) (Amendment) Regulations, 2000

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Directive No. 90/388/EEC¹ of the Commission of 28 June 1990, Directive No. 96/2/EC² of the Commission of 16 January 1996, Directive No. 96/19/EC³ of the Commission of 13 March 1996 and Directive No. 97/13/EC⁴ of the European Parliament and of the Council of 10 April 1997, hereby make the following regulations:

1.      (1)     These Regulations may be cited as the European Communities (Telecommunications Licences) (Amendment) Regulations, 2000.

(2)     The European Communities (Telecommunications Licences) Regulations, 1998 ( S.I. No. 96 of 1998 ), Regulation 4 of the European Communities (Telecommunications) (Amendment) Regulations, 1998 ( S.I. No. 286 of 1998 ), and these Regulations may be cited together as the European Communities (Telecommunications Licences) Regulations, 1998 to 2000.

2.      In these Regulations “the Act of 1983” means the Postal and Telecommunications Services Act, 1983 (No. 24 of 1983) .

3.      Section 111 of the Act of 1983 is amended in subsection (10)(inserted by Regulation 5(a)(v) of the European Communities (Telecommunications Licences) Regulations, 1998) by the substitution of the following for paragraph (g):

“(g)    The applicant or the holder may, within 28 days of the receipt by the applicant or the holder of a notification under paragraph (f), appeal to the relevant Court against the decision concerned and the Court may, on the hearing of the appeal -

(i)       confirm the decision, or

(ii)       annul the decision,

and may give such other direction or make such other order in relation to the matter as the Court considers appropriate.

(ga)   Notwithstanding an appeal under paragraph (g), a decision of the Director referred to in paragraph (f) shall, subject to such interim or interlocutory relief as may be granted by the High Court under paragraph (gb), take effect --

(i)       on such day or days as may be specified by the Director in the decision, or

(ii)       where a day is not so specified, on receipt of the notification of the decision from the Director.

(gb)   The High Court may, on an application to it by the applicant or holder, make an order providing for such interim or interlocutory relief in the matter concerned as the Court considers appropriate in the circumstances.”

4.      Regulation 3 of these Regulations shall not apply to the following:

(a)        in so far as it relates to a decision to refuse to grant a licence under subsection (10) of section 111 of the Act of 1983, in relation to applications for the grant of a licence made before the coming into operation of these Regulations;

(b)        in so far as it relates to--

(i)       a decision to revoke, suspend or amend a licence under subsection (10) of section 111 of the Act of 1983, or

(ii)       a decision to impose specific measures on the holder of a licence under subsection (10) of section 111 of the Act of 1983,

in relation to a notification by the Director under paragraph (b) of that subsection, before the coming into operation of these Regulations, of a proposal to make such a decision.

Explanatory Note

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for the amendment of the European Communities (Telecommunications Licences) Regulations, 1998 ( S.I. No. 96 of 1998 ), which give effect to Directive No. 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services. The amendments relate to appeals against certain decisions made by the Director of Telecommunications Regulation pursuant to the Regulations.

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¹ O J No. L 192, 24.7.90.

² O J No. L 20, 26.6.96.

³ O J No. L 74, 22.3.96.

⁴ O J No. L 117, 7.5.97.