Communications Regulation Act, 2002

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PART 5

Electronic Communications Infrastructure Road Works and Sharing

Interpretation (Part 5).

52.—(1) In this Part, except where the context otherwise requires—

“Act of 2000” means Planning and Development Act, 2000;

“consent” means a consent granted by a road authority under section 53 (3) to open a public road;

“duct” means a pipe or tube for the carriage of electronic communications infrastructure;

“electronic communications infrastructure” means any part of an electronic communications network;

“emergency roadworks” means roadworks necessary to eliminate or reduce danger or risk to persons or property;

“land” includes seashore, land covered with water (whether inland or coastal), foreshores and any interest or right in or over land;

“network operator” means any person who provides or operates an electronic communications network;

“physical infrastructure” means infrastructure which is capable of supporting electronic communications infrastructure including ducts, poles, antennae support structures and rights of way over land, but does not include electronic communications infrastructure;

“physical infrastructure provider” means a network operator or any other person which allows any part of its physical infrastructure to be used by any other network operator for the provision of electronic communications services;

“physical infrastructure sharing” means the sharing of the use of all physical infrastructure for the purpose of providing electronic communications services;

“planning authority” has the meaning assigned to it by the Act of 2000;

“public road” means a road over which a public right of way exists and the responsibility for the maintenance of which lies with a road authority;

“road” has the meaning assigned to it by the Roads Act, 1993 ;

“road authority” has the meaning assigned to it by the Roads Act, 1993 ;

“roadworks” means the opening of a public road for the purpose of the establishment, extension, replacement, removal or maintenance of works on electronic communications infrastructure.

(2) In this Part a reference to the Commission shall be construed before the establishment day as a reference to the Director.

(3) For the avoidance of doubt this Part comes into operation on the passing of this Act.