Frequently Asked Questions

The role of Adjudicators is to make decisions on cases that have been referred to them by ComReg for a decision on whether or not there has been a regulatory breach – that is, a breach of a relevant regulatory obligation by an authorised undertaking.

Adjudicators, appointed by the Minister for Communications, on the nomination of ComReg, will make all adjudication decisions.

For adjudications on consent, where a settlement has already been reached between the parties, a single adjudicator will normally deal with the matter.

Where the matter is contested, adjudicators will sit in groups (called “divisions”) composed of an odd number (normally three, but exceptionally more) of Adjudicators, to deal with a matter.

The selection of the number and identity of Adjudicators to deal with a particular matter is for the Chief Adjudicator.

The Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (“the 2023 Act”) lays down the procedure for the nomination and appointment of Adjudicators. Under the 2023 Act, it is for ComReg to nominate individuals to be appointed as Adjudicators.

Regulations made by the Minister (S.I. No. 500/2023 – Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (Part 7) Regulations 2023) (“the Part 7 Regulations”) under powers conferred on him by the 2023 Act, set out the qualifications required for an individual to be nominated by ComReg for appointment as an Adjudicator.

Upon receipt of a nomination from ComReg, the Minister shall appoint that person as an Adjudicator unless the Minister is not satisfied that the nominated person meets the requirements and qualifications prescribed by the Minister , or unless the Minister considers that the nominated person does not have the independence necessary to be appointed as an Adjudicator.

When appointing a person as an Adjudicator, the Minister specifies the term for which that person shall serve, up to a maximum period of 5 years. An appointment as an Adjudicator can be renewed, but where a person is appointed more than one term, he or she cannot serve for more than 10 years in total.

ComReg is required to appoint one of those persons appointed by the Minister as Adjudicators to be the Chief Adjudicator. On 16 April 2024, ComReg appointed Maureen O’Neill as Chief Adjudicator for the period to 22 February 2027. For details, see here: Personnel | Commission for Communications Regulation

Adjudication hearings will normally be held in person and in public, in a place determined by the Chief Adjudicator and notified in advance to the parties and on this website.

Normally, adjudication hearings will be attended by all parties to an adjudication. In addition, adjudication hearings will normally be open to members of the press and to the public (though where circumstances require, this access may be provided online, rather than in person). In exceptional circumstances, and at the discretion of the Adjudicator(s), adjudication hearings may be heard online instead of in person. Similarly, while adjudication hearings will normally be conducted in public, in exceptional circumstances, such proceedings (or parts thereof) may be conducted in private, again at the discretion of the Adjudicator(s) dealing with the matter.

Where an adjudication concludes with a finding by the Adjudicator(s) that there has been no regulatory breach, the matter ends there.

Where an adjudication concludes with a finding of breach and a decision not to impose sanctions, or concludes with a decision finding breach and a decision imposing sanctions, the party found to have committed the regulatory breach(es) in question has 28 days to appeal either the decision on breach or any decision imposing an administrative sanction or both.

Where a party that is found to have committed a regulatory breach accepts that finding (and any sanction imposed), ComReg must apply to the High Court for confirmation of the adjudication decision on breach and, if a sanction has been imposed, the adjudication decision on sanction.

If you have any questions relating to ComReg’s adjudication function, please contact the Adjudication Unit at AdjudicationUnit@comregadjudication.ie.

During the course of ComReg’s regulatory investigations under certain circumstances compliance cases may be referred by ComReg to Adjudication. This process is pursued by ComReg rather than by individual end users, who have alternative methods available to make a complaint or refer a dispute to ComReg:

• Making a Complaint: Consumer care
• Dispute Resolution Procedures: Dispute resolution