4
CAP. 399.]
ELECTRONIC COMMUNICATIONS (REGULATION)
by or under this Act ensuring rights for the provision of electronic
communications networks or services and laying down sector
specific obligations that may apply to all or to specific types of
electronic communications networks and services in accordance
with this Act;
"harmful interference" means interference which endangers the
functioning of a radio navigation service or of other safety services
or which otherwise seriously degrades, obstructs or repeatedly
interrupts a radio communications service operating in accordance
with the applicable international, European Union or national
regulations;
"harmonised radio spectrum" means radio spectrum for which
harmonised conditions relating to its availability and efficient use
have been established by way of technical implementing measures
in accordance with Article 4 of EU Decision No. 676/2002/EC
(Radio Spectrum Decision);
"interconnection" means a specific type of access implemented
between public network operators by means of the physical and logical
linking of public electronic communications networks used by the
same or a different undertaking in order to allow the users of one
undertaking to communicate with users of the same or another
undertaking, or to access services provided by another undertaking
where such services are provided by the parties involved or other
parties who have access to the network;
"interpersonal communications service" means a service
normally provided for remuneration that enables direct
interpersonal and interactive exchange of information via
electronic communications networks between a finite number of
persons, whereby the persons initiating or participating in the
communication determine its recipient(s), and does not include
services which enable interpersonal and interactive communication
merely as a minor ancillary feature that is intrinsically linked to
another service;
"internal market" means the internal market of the European
Union;
"ITU Radio Regulations" means the Radio Regulations annexed
to, or regarded as being annexed to the most recent International
Te l e c o m m u n i c a t i o n s C o n v e n t i o n o f t h e I n t e r n a t i o n a l
Telecommunications Union (ITU) which is in force at that time;
" l o c a l l o o p " means the physical path used by electronic
communications signals connecting the network termination point to a
distribution frame or equivalent facility in the fixed public electronic
communications network;
"Member State" means a Member State of the European Union;
"the Minister" means the Minister responsible for
communications;
"national regulatory authority" means the body or bodies notified
for the purposes of European Union law to the European
Commission by a Member State as having been assigned tasks in