- within Law Department Performance, Strategy, Litigation and Mediation & Arbitration topic(s)
EU
NAVIGATING THE DATA ACT
To help parties implement the Data Act (Regulation (EU) 2023/2854), the European Commission proposed Standard Contractual Clauses for cloud computing contracts and non-binding Model Contractual Terms for data access and use. Use of these terms is voluntary, and the text may be amended. To provide further guidance on the Data Act, the Commission has opened a Data Act Legal Helpdesk.
Comreg
SETTLEMENT AGREEMENT WITH EIRCOM LITD
ComReg entered into an agreement with Eircom Limited (212 KB) following an investigation into Eircom's compliance with the provisions of the Code Regulations and ComReg Decision D13/12, as well as non-compliance of a Contract Change Notification ("CNN") issued by Eircom. The CNN notifying customers of contract changes did not, amongst other things, notify customers of their right to exit without incurring any penalty if they did not accept the proposed annual price increase, or provide the effective date of the contract change for an annual price increase. Eircom issued an amended CNN addressing the suspected regulatory breaches.
PROPOSED TRANSFER OF SPECTRUM RIGHTS
ComReg received a notification of a transfer of 40 MHz of spectrum rights (598 KB) in the 2.3 GHz Band from BCP IV Telecommunications OPCO Limited (formerly Imagine Communications Ireland Limited) to Eircom Limited. ComReg will consider the proposed transfer, including all submissions received in accordance with ComReg's Spectrum Transfer and Lease Procedures and Guidelines. ComReg welcomes submissions from interested parties on the Proposed 2.3 GHz Band Transfer by 19 January 2026.
PROVISION OF ACCESS AT A FIXED LOCATION
ComReg published quarterly quality of service performance data (569 KB) for Q3 2025 and year-to-date performance data for 2025/26 in relation to Eircom Limited's provision of Access at a Fixed Location. The data tracks Eircom Limited's performance in respect of areas such as connections, fault rate occurrence, fault repair times and service availability.
PROPOSED ADJUSTMENTS TO INVOICES FOR MI WHQA CIRCUITS
ComReg published an Information Notice in relation to Eircom Limited's proposed adjustments to certain invoices (209 KB). Provision by Eircom Limited of Modern Interface ("MI") Wholesale High Quality Access ("WHQA") leased lines services at a fixed location is regulated under ComReg Decision D03/20. Decision D03/20 sets out Eircom Limited's obligation to make MI WHQA circuits terminating in certain geographic areas available at regulated prices and in accordance with terms and conditions set out transparently in a Reference Offer. Eircom has now proposed adjustments to invoices for MI WHQA circuits to correct billing discrepancies.
CONSULTATION ON ASSESSMENT OF A WHOLESALE FTTH DISCOUNT SCHEME
ComReg is consulting until 30 January 2026 on its draft decision on Eircom's fibre to the home ("FTTH") wholesale discount scheme (504 KB). The decision proposes not to approve the scheme. Stakeholders are encouraged to engage with the consultation by responding by email to wholesalepricing@comreg.ie.
ComReg published Eircom Compliance Statement (1.5 MB), Eircom Price List – Clean, Eircom Price List – Tracked (6.6 MB), Response to queries received from Eircom 12 September 2025 (969 KB) and Response to additional queries received from Eircom 13 October 2025 (485 KB) as Annex 1 to the consultation document, and the Oxera Report (727 KB) as Annex 2.
EXTENSION OF CONSULTATION PERIOD FOR NETWORK INCIDENT REPORTING PROCESSES REVIEW
ComReg extended until 16 January 2026 (170 KB) the deadline for its consultation on the requirements of providers to notify security incidents that have had or are having a significant impact on the operation of the provider's Electronic Communications Network or Services to ComReg. The consultation is available here (1.2 MB), as well as a Report draft template for consultation and a Root Cause Analysis draft template.
REVISED RADIO FREQUENCY PLAN FOR IRELAND
ComReg published a revised Radio Frequency Plan for Ireland (4.4 MB) ("RFPI"). The RFPI sets out Ireland's radio spectrum allocations for 8.3 kilohertz to 3000 Gigahertz, indicating the services to which each frequency band is allocated in the radio spectrum. This update reflects all legislative updates, decisions, recommendations and corrected errors identified since the original publication of the RFPI in 2024.
REPORT ON PROGRAMME OF MEASUREMENT OF NON-IONISING RADIATION
It is a condition of some Wireless Telegraphy licences and all General Authorisations that non-ionising radiation ("NIR") does not exceed certain limits. ComReg is responsible for conducting a Programme of Measurement of Non-Ionising Radiation to monitor the level of NIR to ensure that emissions from each transmitter are within the specified limits. To satisfy this monitoring obligation, ComReg conducts surveys in proximity to licensed transmitter sites.
This report forms part of a series of interim reports outlining ComReg's Programme of Measurements (514 KB) and summarises the results of the third set of site surveys this year, which involved a survey of 20 sites conducted in November 2025 by Compliance Engineering Ireland Ltd.
END-USER COMPENSATION: SERVICE PROVIDER'S REPORTING OBLIGATION
ComReg published an information notice on the reporting obligation for service providers (313 KB). This document provides guidance on the timing, format and content of the Compensation Reports which service providers must submit to ComReg annually, in line with the requirement to compensate end-users in the case of failure to comply with the obligations set out in Article 106(8) of the European Electronic Communications Code. A compensation reporting template and a data dictionary are available.
DISPUTE RESOLUTION PROCEDURES
ComReg published dispute resolution procedures under Regulation 67 of the European Union (Electronic Communications Code) Regulations 2022 (247 KB) (the "ECC Regulations"). Disputes between two parties relating to the access or use of electronic communications networks, services or facilities can be referred to ComReg under Regulation 67 of the ECC Regulations.
Additional guidance is available on dispute submission (143 KB), the respondent's acknowledgement (147 KB) and the respondent's submission (136 KB). ComReg also published an information notice (228 KB) detailing the recent updates to the procedures and inviting written observations from interested parties, which can be submitted by email to wholesaledisputes@comreg.ie up to 1 March 2026.
NUISANCE COMMUNICATIONS SCAM CALL INTERVENTIONS
In April 2024, ComReg mandated five voice interventions to combat scam calls (a do-not-originate list, a protected numbers list, fixed CLI call blocking, mobile CLI call blocking and a voice firewall). It has now published an update on the effectiveness of these interventions (342 KB), reporting that the four interventions in effect so far have blocked over 131 million scam calls. ComReg plans to implement the fifth and final intervention, a voice firewall, in the first half of 2026.
QUARTERLY DATA
ComReg published its quarterly key data report for Q3 2025 (1.3 MB), including in relation to fixed markets, fixed voice, retail broadband markets, networks and mobile markets.
SETTLEMENT AGREEMENT UNDER SECTION 62 OF THE 2023 ACT
ComReg previously adopted Urgent Interim Measures against Eircom in relation to a gift card promotion launched by Eircom in October 2025. ComReg opened an investigation on 23 November and, on 5 December 2025, agreed to close the case on the basis of a settlement with Eircom (278 KB). The settlement involves Eircom's acknowledgement that the activity falls within the definition of "promotion" and an undertaking not to implement any such scheme without the express prior approval of ComReg.
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