S.I. No. 69/2000 - European Communities (Interconnection in Telecommunications) (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. 97/33/EC¹ of 30 June 1997 of the European Parliament and of the Council hereby make the following regulations:

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

(2)     The European Communities (Interconnection in Telecommunications) Regulations, 1998 ( S.I. No. 15 of 1998 ), Regulation 3 of the European Communities (Telecommunications) (Amendment) Regulations, 1998 ( S.I. No. 286 of 1998 ), Regulation 6 of the European Communities (Voice Telephony and Universal Service) Regulations, 1999 ( S.I. No. 71 of 1999 ), the European Communities (Interconnection in Telecommunications) (Amendment) Regulations, 1999 ( S.I. No. 249 of 1999 ), and these Regulations may be cited together as the European Communities (Interconnection in Telecommunications) Regulations, 1998 to 2000.

2. The European Communities (Interconnection in Telecommunications) Regulations, 1998, are amended -

(a) in Regulation 19, in paragraph (6)(a), by the insertion after “direction or notice,” of “to make a finding,”, and

(b) in Regulation 20 -

(i)      by the deletion of paragraphs (2) and (3), and

(ii)      by the substitution of the following for paragraph (4) -

“(4)    (a) A person may, within the period of 7 days beginning on the day on which the direction or finding is served on the person, appeal to the High Court against the direction or finding and the High Court may, on the hearing of the appeal—

(i)       if the High Court is satisfied that in the circumstances of the case it is reasonable to do so, confirm the direction or finding with or without modification, or

(ii)      annul the direction or finding.

(b) Notwithstanding an appeal under subparagraph (a), a direction or finding shall, subject to such interim or interlocutory relief as may be granted by the High Court under subparagraph (c), take effect -

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

(ii)      where a day is not so specified, on the day on which the direction or finding is served on the person.

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

3.      Regulation 2 of these Regulations shall not apply in relation to any direction issued or finding made by the Director before the coming into operation of these Regulations.

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 (Interconnection in Telecommunications) Regulations, 1998 ( S.I. No. 15 of 1998 ), which give effect to Directive No. 97/33/EC of 30 June 1997 of the European Parliament and of the Council on interconnection in telecommunications with regard to ensuring universal service and interoperability through application of the principles of Open Network Provision (ONP). The amendments relate to appeals against certain decisions made by the Director of Telecommunications Regulation pursuant to the Regulations.

¹ O J No. L199 of 26.7.1997, p. 32