One of ComReg’s functions is to monitor compliance by providers of electronic communication services with statutory requirements set out in various legislative provisions. While growing competition is driving improvements in the delivery of services to end users, there remains a need to ensure that a minimum level of standards is provided by all service providers.

ComReg has responsibility for keeping consumers informed and aware of their general rights in respect to telecommunications services. The regulatory framework places a high degree of importance on consumer/end-user rights. Central to consumer rights is transparency regarding the supply of services. This covers prices and tariffs, information on the quality of services and the terms and conditions under which services will be supplied. the provision of clear and unambiguous contract terms allows subscribers to clearly understand the nature of the service provider’s duties to the end-users along with the scope of the obligations which the end-user is committed to by entering into a contract. By having such information to hand, this will facilitate the resolution of disputes by enabling end-users to directly enforce their contractual rights with their service provider.

Regulation 17 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users Rights) Regulations 2003 – S.I. 308 of 2003 specifies that undertakings providing connection or access to the public telephone network shall do so in accordance with a contract. It also sets out seven specific areas that must be addressed in such a contract. The regulations require that where a contract is agreed for services other than connection or access to the public telephone network, the same specific areas shall also be addressed.

In 2003 ComReg issued guidelines (document no: 03/129) in relation to the minimum level of information to be contained in contracts in order to assist undertakings to comply with their obligations under Regulation 17. Those guidelines were intended to assist service providers in complying with the statutory requirements. 

Regulation 17(1) of S.I. 308 of 2003 sets out who has to provide a contract. It states that an undertaking that provides (i) connection (ii) access (iii) both connection and access to the public telephone network shall do so in accordance with a contract.
Regulation 17(2) requires that such a contract shall specify the following minimum level of information.

• The identity and address of the supplier,
• Services provided, the service quality levels offered, as well as the time for the initial connection,
• The types of maintenance service offered,
• Particulars of prices and tariffs and the means by which up to date information on all applicable tariffs and maintenance charges may be obtained,
• The duration of the contract, conditions for renewal and termination of services and of the contract,
• Any compensation and refund arrangements which apply if contracted service quality levels are not met, and
• The method of initiating procedures for settlement of disputes in accordance with Regulation 28.

Regulation 17(3) states that where a contract is agreed between end users and a provider of electronic communication services, other than one providing (i) connection (ii) access (iii) both to the public telephone network, such a contract shall include the information specified in regulation 17(2).