Communications Regulation (Enforcement) Bill and European Electronic Communications Code Introductory Meeting

Communications Regulation
(Enforcement) Bill and European
Electronic Communications Code
     Introductory Meeting

Work on transposition to date
•   File agreed in 2018 – work on transposition ongoing since
•   File of key strategic importance nationally and at EU level
•   Good engagement with industry throughout process:
-   December 2019 – Industry End-User Rights Workshop
-   July 2020 – Industry Seminar
-   March 2020 - Targeted OTT Event
-   November 2020 - Targeted OTT Event
-   Correspondence – ongoing…

Development of Primary Legislation
Why develop primary legislation?

•   Review of transposition process in late Q1 2021 – decision taken to update
    enforcement powers as part of transposition
•   Existing Government commitment to update ComReg’s powers
•   Aim to ensure finished product is as effective & robust as possible

What will happen to the statutory instrument?

•   Remains intention to transpose primarily by way of Statutory Instrument – barring
    enforcement and other specific Articles
•   Both pieces of legislation will be complementary to each other
•   Enforcement for S.I. in Bill – requirement for Bill and S.I. to be enacted at the same
    time
•   Bill to be potentially applicable to a number of regulations going forward

Background to Primary Legislation
Government commitment to update ComReg’s enforcement powers
Programme for Government: June 2020
• Enable regulatory bodies such as ComReg, the Central Bank and the
   CCPC to have greater use of administrative penalties to sanction rogue
   operators, as is the norm in other EU Member States
• Give the Commission for Communications Regulation (ComReg) greater
   powers of enforcement, with a particular focus on improving competition,
   innovation and customer service within the communications sector.

Department of Climate Acton, Environment and Communications: 2021
– 2023 Statement of Strategy
• Effective operation of the European Electronic Communication Code and
   the development of legislative proposals to strengthen ComReg’s
   enforcement powers.

Other Regulators
Regulatory trends in other sectors:

Regulators with Administrative Financial Sanctioning Power
• Data Protection Commissioners
• Central Bank
• Commission for Regulation of Utilities
• Broadcasting Authority of Ireland

Administrative Financial Sanctioning Regimes Under Development
• CCPC (Competition (Amendment) Bill)
• Media Commissioners (Online Safety Media Regulation Bill)

Aims of the Bill
• Improve regulation of the sector and consequently improve how
  the sector works for industry players and consumers
• Ensure high standard of customer experience in the electronic
  communications sector
• Robust, effective and responsive new enforcement regime
• An enforcement regime capable of being used beyond the Code

How will these aims be achieved?
• Provide ComReg with enforcement powers similar to other Irish
  sectoral regulators
• Provide for some enhanced consumer protection measures
• Increased security measures for ECS

Enforcement Model
Investigation
- Carried out by ComReg officials
- Will be provided with investigatory powers to assist in the performance of their functions

Adjudication
- The adjudication will be conducted by officials who have no involvement in the investigation
- Ability to find non-compliance and impose a range of remedies
- Subject to confirmation by the High Court

Remedies Available
- Imposition of administrative financial sanctions (up to €5million / 10% annual turnover)
- Award of compensation (up to €5million / 10% annual turnover)
- Suspension or withdrawal of rights (only for specific breaches)

Non-adjudicative Solutions
- Statutory ability to enter into settlements
- Ability to take binding commitments in lieu of enforcement
- Ability to take interim measures, including the issuing of prohibition notices

Consumer Protection Provisions
Primarily provisions of the Code that will now be in the primary legislation and
supplemented:

Article 25: Alternative Dispute Resolution
• Follows on from existing Codes of Practice for Complaint Handling

Article 104: Quality of Service
• Establishment of a “Consumer Charter”
• Ability to set minimum quality of service standards

Article 106(8): Compensation for Breaches of Article 106
• Compensation scheme for breaches of 106 to be established (required by Code)
• Additional obligations to be subject to same compensation regime

Aims: - to address some consumer protection concerns raised by the public
            in recent years
       - increasing transparency for consumers and encouraging the raising
            of consumer standards

Security Provisions
• Article 40 and 41 Code in primary legislation.
• In addition – ability for Minister to specify security
  measures by Regulation and make guidelines
  relating to security.
• Provides a statutory basis for the Electronic
  Communications Security Measures (ECSM)
  which have been developed by the National
  Cyber Security Centre and ComReg.

Next Steps
• Draft Heads of General Scheme almost
  completed
• Government Approval of the General Scheme to
  be sought – early Autumn
• Public consultation on both General Scheme and
  draft Statutory Instrument post-Government
  approval – early Autumn
• Bill to be progressed through Oireachtas

Thank you for your
attention
Questions?