About
The adjudication regime for the regulation of electronic communications was created by Part 7 of the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (“the 2023 Act”), which came into force on 9 June 2023. This regime aims to enhance regulatory enforcement by establishing an independent adjudication process for handling suspected breaches of regulatory obligations in the electronic communications sector in Ireland.
Under this regime, independent adjudicators, who have been appointed by the Minister for the Environment, Climate and Communications (“Adjudicators”), consider cases referred by ComReg Authorised Officers and take decisions on whether an operator of electronic communications networks or services has breached a relevant regulatory provision. If so, the Adjudicators will go on to decide on what, if any, regulatory sanction should be imposed on the operator. The sanctions available to Adjudicators include directions to terminate a regulatory breach, orders to pay refunds in respect of overcharging, orders to pay compensation to victims of regulatory breaches, the imposition of financial sanctions and the suspension or withdrawal of a general authorisation or rights of use for radio spectrum or numbering.
Most regulatory breaches that will come before the Adjudicators will involve failures to comply with a regulatory provision. Regulatory provisions include:
Other regulatory breaches that may come before the Adjudicators less frequently include failure to comply with a relevant vendor measure, a confidentiality requirement of the Minister, certain directions under the 2023 Act, certain commitments under the Act and urgent interim measures made under the 2023 Act.
How does Adjudication Work?
ComReg staff carry out investigations into suspected regulatory breaches. Under section 69 of the 2023 Act, when an Authorised Officer, having investigated a suspected regulatory breach, suspects on reasonable grounds that a person has committed or is committing a regulatory breach, the Authorised Officer may, with the consent of the Commission, refer the matter to adjudication in accordance with section 71 of the 2023 Act.
Once the matter is referred to adjudication, the Chief Adjudicator will appoint a panel (known as a “Division”) of (usually 3, but exceptionally more) Adjudicators to deal with the matter referred. The panel of Adjudicators will then consider the matter referred and make a decision on whether there has any regulatory breach. If they find that there has been a regulatory breach, they will proceed to make a decision on what, if any, remedy should be imposed.
The Adjudicators have a wide range of powers to call for and hear evidence and submissions, both in writing, and orally, at an Adjudication Oral Hearing.
A decision of an Adjudicator (or Division of Adjudicators) does not take effect until it has either been confirmed by the High Court (in a case where the sanctioned party does not appeal) or upheld on appeal to the High Court.
What Sort of Cases do the Adjudicators Consider?
Examples of the sorts of matter that might come be referred to adjudication include: