In 2002 the Communications Regulation Act became law. The Act expands both the powers and functions of the Telecommunications Regulator, as well as providing for more severe sanctions for the breach of licence terms.

The Act increases the maximum fine for breaches of licence conditions to €4,000,000 or 10% of the operator's turnover, whichever is the greater.

The main provisions of the Act are as follows:-

• The Director of Telecommunications Regulation is reconstituted as a three person Commission.
• The powers of telecommunication operators to disrupt traffic by opening roads for the purposes of laying cable are restricted. Before the Act became law, telecommunication operators had the legal right to open roads subject to prior notification. From now on telecommunications operators must seek the prior consent from the relevant road authority.
• The powers of enforcement of the new Commission have been increased by providing for increased penalties for the breaches of licences.

For further information or general enquiries contact:-

Kevin O'Brien
Email: kobrien@kilroys.ie
Telephone: +353-1-439 5600
Fax: +353-1-439 5601 / 4395602

© Kilroys Solicitors 2002