In response to the instances of overcharging by telecoms operators during the summer, the then Minister decided to explore the feasibility of introducing measures to increase the enforcement options open to the Commission for Communications Regulation, ComReg, in the event of a recurrence. Draft legislation is, accordingly, under preparation in my Department at present to enhance ComReg's enforcement powers in a number of areas. This legislation, the Electronic Communications (Miscellaneous Provisions) Bill, will specifically address ComReg's power to effectively intervene in an instance of suspected overcharging by an authorised operator. I hope to publish the new Bill early in the new year.
One option would be to model the approach on the measures empowering the Irish Financial Services Regulatory Authority, IFSRA, to investigate overcharging by financial institutions, as introduced under the Central Bank and Financial Services Authority of Ireland Act 2004. In this situation therefore, in future, suspected cases of overcharging by authorised operators, ComReg would have the power to investigate the suspected overcharging. If it finds that the operator in question has overcharged subscribers, ComReg would have the power to direct the operator to cease overcharging and to refund affected customers. ComReg would also be empowered to impose fines on operators guilty of overcharging.