Best Telecommunications and Broadcast Lawyers in Cobh

About Telecommunications and Broadcast Law in Cobh, Ireland

Telecommunications and broadcast law in Cobh operates within Ireland’s national legal and regulatory framework, applied locally in County Cork. The Commission for Communications Regulation, commonly called ComReg, regulates electronic communications, radio spectrum, numbering, consumer protections, and competition measures in telecoms. Coimisiun na Meain, established under the Online Safety and Media Regulation Act 2022, regulates broadcasting, on-demand audiovisual media services, and online safety obligations. Policy for telecoms sits primarily with the Department of the Environment, Climate and Communications. Local planning, road works, and certain permits are handled by Cork County Council. Because Cobh is a coastal town in Cork Harbour, some projects such as subsea cables, shoreline masts, and marine infrastructure may also require separate marine or foreshore consents.

If you are rolling out fibre, installing masts or small cells, launching a community radio service, or operating as an internet or broadcast provider, you will likely engage with a mix of national regulators and local authorities. The rules cover licensing, spectrum use, consumer contracts, privacy and data protection, content standards, emergency services access, and health and safety compliance.

Why You May Need a Lawyer

People and businesses in Cobh seek legal help in telecoms and broadcasting for several common reasons. Network build projects often require advice on planning permission for masts or cabinets, wayleaves and easements to cross private land, and road opening licences to place ducts under public roads. Spectrum use for private radio links, maritime communications, or wireless broadband requires the correct ComReg licence and careful interference management. Building owners and developers need guidance on rooftop leases for antennas, site sharing arrangements, and compliance with non-ionising radiation guidance.

Internet service providers, MVNOs, and resellers seek help with regulatory registration, wholesale access and interconnection contracts, fair pricing and transparency rules, number portability, and universal service obligations. Broadcasters and content providers need licensing, sponsorship and advertising compliance, defamation and privacy risk management, and adherence to codes issued by Coimisiun na Meain. Businesses in all sectors benefit from advice on GDPR compliance, the ePrivacy rules for cookies and direct marketing, security obligations, and lawful disclosure requests from authorities. Consumers sometimes need support with billing disputes, service quality issues, or contract termination fees. Where projects touch Cork Harbour or protected areas, additional environmental and marine consents can add complexity that merits specialist legal input.

Local Laws Overview

Several key legal instruments shape telecoms and broadcast activity in Cobh. The Communications Regulation Act 2002 and related statutory instruments give ComReg powers over spectrum, market regulation, and consumer protections. Ireland has implemented the European Electronic Communications Code through national regulations that cover provider authorisation, consumer rights, universal service, emergency calling, and end user contract transparency. Radio spectrum licensing is governed under the Wireless Telegraphy Acts and related ComReg licensing regimes. Net neutrality and open internet rules apply under EU Regulation 2015-2120, and mobile roaming follows EU roaming regulations.

Broadcasting and on-demand services are regulated by the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act 2022, which created Coimisiun na Meain. This body licenses broadcast services, oversees codes and standards on harm, impartiality, advertising and sponsorship, and sets obligations for video sharing platform services with users in Ireland.

Privacy and communications confidentiality are overseen by the Data Protection Commission under the General Data Protection Regulation and the Data Protection Act 2018. The ePrivacy Regulations, including provisions on cookies, electronic marketing, and traffic data, also apply. Data retention and disclosure obligations for service providers exist under national legislation, subject to evolving court decisions and statutory safeguards.

Locally, planning control is under the Planning and Development Act 2000 and the Planning and Development Regulations. Many telecoms structures require planning permission from Cork County Council, although certain minor works and upgrades may be classed as exempted development. Road opening licences are required for works on public roads under the Roads Act, and wayleaves are needed for crossing third party land. Where works affect the foreshore or seabed in Cork Harbour, foreshore consent may be required. Health and safety duties apply at all work sites under the Safety, Health and Welfare at Work Act 2005. ComReg monitors compliance with non-ionising radiation limits aligned with international guidelines, and providers must ensure public and worker safety.

Competition, consumer rights, and unfair commercial practices may also be relevant and are overseen by the Competition and Consumer Protection Commission, alongside sector specific rules enforced by ComReg. Contracting with public bodies must follow public procurement rules where applicable.

Frequently Asked Questions

Who regulates telecoms and broadcasting in Cobh?

ComReg regulates electronic communications, spectrum, numbering, and many consumer protections. Coimisiun na Meain regulates broadcasting, audiovisual media services, and online safety duties. Cork County Council controls planning and road permits. The Data Protection Commission enforces data protection law. National policy is led by the Department of the Environment, Climate and Communications.

Do I need planning permission for a new mast or small cell in Cobh?

Most new masts and significant structures require planning permission from Cork County Council. Some works such as small cabinet placements, equipment swaps, or limited antenna upgrades can be exempted development if they meet strict size and location criteria. A planning or telecoms lawyer can assess whether your project is exempt, help prepare applications, and engage with local planners and communities.

What permissions are needed to lay fibre or ducts in public roads?

You will typically need a road opening licence from Cork County Council, traffic management plans, and coordination with other utilities. If you need to cross private land you will require a wayleave or easement. Works near protected structures or in sensitive areas can trigger additional assessments. For marine crossings or shore landings in Cork Harbour, foreshore consent may also be required.

How do I get a radio spectrum licence and what if interference occurs?

ComReg issues licences for many radio uses including fixed links, point to point, maritime, and private networks. You must apply for the correct licence class, operate within technical parameters, and pay fees. If you experience or cause interference you should follow ComReg guidance and notify the regulator. Operating without an appropriate licence or outside licence conditions can lead to enforcement action.

What rules apply to recording calls or using CCTV in a business?

GDPR and the Data Protection Act 2018 apply to call recording and CCTV. You need a clear lawful basis, transparency notices, purpose limitation, retention controls, and security measures. The ePrivacy rules may also apply to communications confidentiality. Specialist advice helps calibrate policies, consent or other lawful bases, and retention schedules.

Do podcasters or online streamers in Cobh need a broadcast licence?

Traditional radio and television broadcasting requires licensing by Coimisiun na Meain. Many podcasts and internet streams do not need a broadcast licence, but some on-demand or platform services can fall under audiovisual rules and codes, especially regarding advertising, harmful content, and online safety duties. If you plan local FM broadcasting or community radio, you will need the appropriate licence and must comply with content codes.

How are consumer disputes with a broadband or mobile provider handled?

Start with the provider’s complaints process. ComReg sets rules on billing transparency, contract summaries, switching, and number portability. If a dispute is unresolved after following the provider’s process, you can escalate it to ComReg’s consumer care channels. A solicitor can help with complex disputes, unfair terms, or claims for loss.

Can I install antennas on a building I own or manage?

Yes, subject to planning rules, building safety, and lease terms. You will need a site agreement with the operator, structural assessments, access and power arrangements, and RF safety management. Multi occupant buildings need careful coordination of landlord and tenant rights, fire safety, and maintenance access. Legal advice helps structure rooftop leases and manage liability.

What are the rules on electromagnetic fields and public safety?

ComReg requires compliance with internationally recognised limits for non ionising radiation. Operators must design and operate sites within those limits and maintain records. ComReg conducts measurement campaigns and may require remedial action. Employers also have duties to protect workers under health and safety law. Public notices and transparency can be part of planning approvals.

How can a startup offer telecom services such as an ISP or MVNO?

Most providers operate under a general authorisation regime with ComReg rather than a traditional licence. You must notify ComReg, comply with consumer and transparency rules, number portability where applicable, emergency access obligations, security and incident reporting requirements, and data protection law. Commercially, you will need wholesale access and interconnection agreements. A lawyer can prepare compliant customer terms, privacy notices, and supplier contracts.

Additional Resources

Commission for Communications Regulation - ComReg.

Coimisiun na Meain.

Department of the Environment, Climate and Communications.

Data Protection Commission.

Cork County Council Planning Department and Roads Section.

Competition and Consumer Protection Commission.

National Broadband Ireland.

Office of the Planning Regulator.

Department of Housing, Local Government and Heritage for foreshore consents.

Health and Safety Authority.

Next Steps

Define your project or issue in practical terms, including location, timelines, and the technology or service you plan to deploy. Gather relevant documents such as site drawings, maps, existing leases, supplier contracts, consumer terms, and any prior correspondence with regulators or the council. Identify what permissions you may need, for example planning permission, road opening licences, wayleaves, spectrum licences, or broadcast licences.

Consult a solicitor experienced in telecoms, broadcasting, and planning in County Cork. Ask for a scoping call to map regulatory touchpoints, confirm whether your works are exempted or need planning, and outline a consent timeline. Engage early with Cork County Council where planning or road works are involved, and with ComReg or Coimisiun na Meain for sector specific filings. Build a compliance plan that addresses data protection, consumer information, contract terms, emergency access, and safety documentation. For coastal or marine elements, schedule foreshore and environmental workstreams early since they can drive timelines.

If you are a consumer or small business with a service dispute, document the issue, raise a formal complaint with the provider, and keep records of responses. If unresolved, consider escalation to ComReg and seek legal advice where the dispute involves significant loss, unfair terms, or service cessation risks. Throughout, maintain clear records and a single point of contact to keep your project or case on track.

This guide provides general information for Cobh and County Cork. It is not legal advice. For advice on your specific circumstances, consult a qualified Irish solicitor.