Section 12 of the Act of 2010 states that it is an offence to provide a specified premium rate service (“PRS”) without a licence and all parties involved in the provision of a PRS are required to be licensed.
To avoid any doubt, please ensure that you are aware of whether you qualify as a PRS provider and what constitutes a specified PRS from the definitions below:
In accordance with the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act, 2010, a premium rate service provider means a person who does any, or all, of the following for gain:
In accordance with the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act, 2010, a specified premium rate service is a premium rate service, other than a service which is accessed only via an international call, whereby:
* Call means any communication (whether voice, data, text or otherwise) which passes through an electronic communications network, whether initiated by an end user or initiated by or facilitated by a premium rate service provider, and a “caller” shall be construed accordingly.
**The 25 cent threshold is based on Eircom’s charge from a standard Eircom fixed line.
There are certain exemptions in place for a premium rate service provider who provides:
Please also read the Communications Regulation (Licensing of Premium Rate Services) Regulations 2012 for further information as they contain the conditions attached to a licence.