Another Week Another Report says Ireland is completely ****e

Sponge Bob

Hot on the heels of Comreg slithering out a press release on a Sunday to tell us that 42% of Dialup users in Connaught tried to get BB and could not get BB we now have a report from a european wotsitisit in Brussels

press release (300k)

http://www.ectaportal.com/en/upload/File/Press%20Releases/2006/Press%20Release%20Regulatory%20scorecard%2011%2012%2006.pdf

full report (1.6mb)

http://www.ectaportal.com/en/upload/File/Regulatory%20Scorecards/ECTA%202006%20Regulatory%20Scorecard.zip

Our bit of the full report , someone should check the BS that Comreg tells europe at every opportunity:(

A.[FONT=&quot] [/FONT]Institutional Framework

A.1.[FONT=&quot] [/FONT]Implementation of the new regulatory framework (NRF)

1.[FONT=&quot] [/FONT]At what date was the national legislative framework adopting the NRF fully completed and in force? Have infringement proceedings been initiated against your Member State for failure to implement the NRF in a timely fashion?
On 24 July 2003, the Minister for Communications, Marine and Natural Resources signed the national legislation transposing the Directives into Irish Law. No infringement procedures have been initiated for failure to implement the NRF.
2.[FONT=&quot] [/FONT]Have infringement proceedings been initiated against your Member State for failure to properly transpose and/or apply the NRF (other than on grounds of timeliness)? Please specify the number and grounds of such proceedings.
The Commission announced infringement proceedings for failure to implement location information in 112/emergency calls on 6 April 2006.
(http://europa.eu.int/information_society/policy/ecomm/doc/implementation_enforcement/infringements/inf_nonconform_oct2006.pdf)
A.2.[FONT=&quot] [/FONT]Speed of process

3.[FONT=&quot] [/FONT]For how many markets has your NRA adopted a final decision after having completed the consultation process (i.e., market definition, proposed SMP designation, notification to the Commission, adoption of the SMP remedies, if applicable), including decisions finding no SMP? If 90% or more of the applicable markets have been analyzed (i.e., 16 or more), please specify the date at which the 16th market analysis was adopted and applied.
ComReg has notified all markets. Six markets have adopted measures, and there are 26 registered notifications with completed market reviews. While all markets have been reviewed, only six have adopted measures. The remaining markets have not had the decision implemented, and must now be re-analyzed before implementation.
Various ComReg decisions have been appealed to the ECAP (Electronic Communications Appeals Panel), pursuant to which decisions were annulled or ComReg withdrew its original findings prior to a decision. Such appeals have delayed implementation of SMP remedies and, in some cases, has led to ComReg re-doing the market analysis. The following table summarizes the work program for 2006 in relation to market analysis:
[FONT=&quot]Int'l Roaming Market Review[/FONT]
[FONT=&quot]Consultation in Significant Market Power[/FONT]
[FONT=&quot]April[/FONT]
[FONT=&quot]Issued in April [/FONT]
[FONT=&quot]Int'l Roaming Market Review [/FONT]
[FONT=&quot]Response to Consultation on SMP [/FONT]
[FONT=&quot]August[/FONT]
[FONT=&quot]Issued in August [/FONT]
[FONT=&quot]Pay Phones Market Review[/FONT]
[FONT=&quot]Consultation on Significant Market Power[/FONT]
[FONT=&quot]August[/FONT]
[FONT=&quot]Issued in August[/FONT]
[FONT=&quot]Retail Access [/FONT]
[FONT=&quot]Consultation on Significant Market Power[/FONT]
[FONT=&quot]August[/FONT]
[FONT=&quot]Issued in August [/FONT]
[FONT=&quot]Mobile Termination Rates[/FONT]
[FONT=&quot]Consultation on Significant Market Power [/FONT]
[FONT=&quot]October [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Leased Lines Market Review [/FONT]
[FONT=&quot]Response to Consultation [/FONT]
[FONT=&quot]November [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Interconnection Markets - Market Review[/FONT]
[FONT=&quot]Consultation on Significant Market Power[/FONT]
[FONT=&quot]December[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Market Review - Payphones[/FONT]
[FONT=&quot]Response to Consultation on Significant Market Power[/FONT]
[FONT=&quot]December[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Retail Access [/FONT]
[FONT=&quot]Response to Consultation on SMP[/FONT]
[FONT=&quot]December[/FONT]
[FONT=&quot] [/FONT]

4.[FONT=&quot] [/FONT]What is the average (median) duration of a market analysis procedure by your NRA, starting from the launch of the process until the adoption of the final decision (as defined above)?
12 months (where implemented). 12 of 18 markets are not yet implemented, although the initial process started approximately 2 years ago.
5.[FONT=&quot] [/FONT]What is the average (median) timeframe for obtaining the allocation of numbers?
In practice, applications take approximately one to three weeks.
A.3.[FONT=&quot] [/FONT]Transparency and consultation

6.[FONT=&quot] [/FONT]Is your NRA required to hold public consultations prior to deciding on issues of general interest? If not, in practice, does it hold public consultations prior to deciding on such issues?
Yes, ComReg holds public consultations. ComReg has also published Consultation Procedures, which are available at http://www.comreg.ie/publications/default.asp?nid=100909&ctype=5[FONT=&quot].[/FONT]
7.[FONT=&quot] [/FONT]What timescale is usually given to interested parties to respond to the consultation?
According to the published consultation procedures, the ordinary time allowed for receipt of responses will be four weeks, but there may be exceptions to this timeframe depending on the circumstances. In practice, consultations can run between four and eight weeks.
8.[FONT=&quot] [/FONT]Is your NRA required to publish all its decisions upon their adoption? If not, is it common practice as a result of a self-imposed obligation?
Yes.
9.[FONT=&quot] [/FONT]Does your NRA disclose and consult on its action plan on a regular basis?
ComReg publishes a work program covering:
- market developments;
- the market framework;
- market operations;
- regulatory accounts.
The work program generally covers proposed consultations for the coming year and the month that the consultations are expected to be issued.
ComReg has also published a Strategy Statement, which details strategy for the period 2005 to 2007. These work programs and Strategy Statements are subject to prior consultation.
10.[FONT=&quot] [/FONT]Are the costs of operating the NRA transparent (e.g., publication of accounts)?
The statutory and annual accounts are available on ComReg’s website. Section 32 of the Communications Regulation Act of 2002 requires that ComReg keep accounts and submit them to the Controller and Audit for general audit within 3 months of the end of the financial year. The accounts are also published in an annual report. Additionally, ComReg is proposing to publish its operating budget on an annual basis.
A.4.[FONT=&quot] [/FONT]Enforcement

11.[FONT=&quot] [/FONT]Is your NRA entrusted with the power to impose fines? If so, up to what level? Please specify whether the level of the fines are considered to have a sufficient deterrent effect.
In Ireland, currently only a court can impose fines. Violations under the Communications Regulations Act are offences and can result in a summary conviction and fines. For example, Section 39 on obstructing an investigation can result in a fine of up to 3.000 EUR on summary conviction.
Section 44 of the 2002 Act also allows ComReg to issue an offence notice. Within 21 days of receiving such a notice, the operator can remedy the offence, in addition to a EUR 1.000 payment to the Commission.
Under the regulations implementing the Framework, Access and Universal Service Directives, ComReg may apply to the courts for an order to compel compliance with any obligation or direction. On application from ComReg, the court may also impose a financial penalty to be paid by the offender to ComReg. There are no fixed limits; however, the court must take into account:
- duration of the infringement;
- its effect on consumers, users and operators;
- submissions to ComReg on the appropriate amount; and
- any justification or explanation for non-compliance.
* see e.g. SI No. 305 of 2003 (Access Regulations) regulation 18 *
Since no such action has been taken yet, it is difficult to determine how this will work.
ComReg's power to impose fines is currently limited to summary convictions, which means that the maximum amount of the fine is EUR 3.000. This is considered wholly inadequate as a deterrent for an incumbent in a market worth 4 billion EUR/annum.
12.[FONT=&quot] [/FONT]Is your NRA empowered to impose periodic penalty payments?
No.
13.[FONT=&quot] [/FONT]Is your NRA empowered to suspend the commercial launch of services pending compliance?
Regarding the ordering of the suspension of a commercial launch of service, in the case of interconnection services, ComReg can, and has, prevented the launch of services (see e.g., Bitstream launch).
14.[FONT=&quot] [/FONT]If the answer to any of the previous questions is positive, has your NRA ever used this possibility of imposing fines and/or period penalty payments and/or suspending the commercial launch of services pending compliance? Does it have a tendency, in practice, to do so when it establishes an infringement and the operator concerned does not comply, in particular in relation to anti- practices of an SMP operator which distort the market?
To date, ComReg has never pursued fines via the courts, and there is no legislative basis to impose periodic penalty payments. However, ComReg has prevented the launch of services, pending compliance.
A.5.[FONT=&quot] [/FONT]Scale of resources

15.[FONT=&quot] [/FONT]What is the total number of qualified employees employed by your NRA for general regulatory issues in the electronic communications sector?
The total number of employees as of June 2005 was 105 (according to ComReg Strategy Statement 2005-2007).
16.[FONT=&quot] [/FONT]Can and does your NRA have recourse to outside expertise such as consultants? Is sufficient budget allocated to enable your NRA to do so where necessary?
Yes. Section 22 of the 2002 Act specifically provides that ComReg may have recourse to the services of consultants and advisers as it considers necessary. In practice, ComReg has engaged a significant number of consultants; however, expenditure has declined, and has continued to do so in recent years.
17.[FONT=&quot] [/FONT]Does your NRA have the financial capability to set levels of remuneration so as to attract and retain suitably qualified key staff?
Under Section 20 of the 2002 Telecommunications Act (3) ComReg may:
(a) with the consent of the Minister and the Minister for Finance, determine the number, grading, remuneration and other conditions of service of staff to be appointed to the Office of the Commission, and
(b) appoint such persons to be members of the staff of the Commission, as the Commission may determine from time to time.
It is not transparent whether ComReg has the financial capability to set levels of remuneration so as to attract and retain suitably qualified staff.
A.6.[FONT=&quot] [/FONT]Effectiveness of appeal procedure

18.[FONT=&quot] [/FONT]Does the appeal of your NRA’s decisions automatically suspend the binding effects of the decisions in question?
No.
Under Regulation 16 of the Framework Regulations (S.I. 307 of 2003), the decision stands pending an appeal. However, an appellant may apply for suspension of a decision. In practice, there are few circumstances in which a decision would not be suspended, if an application is made.
In a recent judicial review of one of ComReg's directions, it was found that ComReg cannot enforce a direction in such a way as to remove the right of appeal. The right to appeal would be nullified if the operator was forced to implement before the appeal had concluded. In practice, this appears to mean that decisions under appeal will not be enforced, at least until the Appeals Panel has considered whether to suspend the decision.
Alternatively, if a ComReg decision is challenged by way of judicial review by the High Court, the decision’s effect can be suspended by order of the court.
19.[FONT=&quot] [/FONT]If the appeal does not automatically suspend the binding effects of the decision of the NRA, what is the applicable standard to obtain such suspension and how is it applied in practice?
Please see Question 18.
20.[FONT=&quot] [/FONT]What percentage of NRA decisions concerning the incumbent, taken since September 2002, were appealed by the incumbent? If you cannot provide a precise percentage, please provide an indicative figure or assessment (all, most, half, limited).
Since submission of the first appeal to the ECAP (in August 2004), a total of 12 out of 16 regulatory decisions have been appealed. In addition, the incumbent sought judicial review of a ComReg decision relating to market requirements for LLU in the High Court. An indicative rate of appeal is approximately 75%. It is notable that in 2006, no appeals were referred to the ECAP.
21.[FONT=&quot] [/FONT]What is the average (median) timeframe between the filing of an appeal and the final decision, i.e. decision against which no further appeal/judicial review is possible?
According to the Framework Regulations, the Panel must endeavor to determine an appeal within 4 months. The first decision rendered by the ECAP was adopted one year after the appeal was lodged. Other appeals have been withdrawn or settled early.
22.[FONT=&quot] [/FONT]What proportion of decisions rendered on appeal (be it administrative or judicial appeals) reached since September 2002, resulted in the NRA determination being annulled or overturned? If you cannot provide a precise percentage, please provide an indicative figure or assessment (all, most, half, limited).
On 26 September 2005, ECAP set aside the determination of ComReg that “3” had SMP in the market for wholesale call termination services. The High Court also found against ComReg on a procedural matter regarding the ability to issue enforcement decisions prior to expiry of the appeal period (LLU). Various NRA decisions were withdrawn during the appeal process (presumably on the basis that the decision would be annulled). An indicative figure would be 75%.
23.[FONT=&quot] [/FONT]What are the locus standi requirements (i.e., admissibility requirements) that third parties must fulfill to be allowed to intervene in the appeal proceedings involving your NRA’s decisions and to challenge said decisions? Have these requirements been applied restrictively so as to prevent third parties from intervening in the appeal proceedings involving your NRA’s decisions or appealing your NRA's decisions?
If the ECAP considers that certain persons (other than the appellant or ComReg) have an interest in the appeal, it can designate those persons as interested parties. When an appeal is referred to ECAP, its usual practice is to post notice of this on its website and to place an advertisement in 3 national newspapers inviting persons to apply to be designated as interested parties.
There are no significant restrictions for third parties to intervene.
A.7.[FONT=&quot] [/FONT]Independence

24.[FONT=&quot] [/FONT]Is your NRA subject to any injunctions from a political authority when performing its regulatory tasks (e.g., grants authorizations, conducts market analyses, defines SMP operators, imposes/enforces remedies)? If so, please indicate the legal basis for such intervention, or any precedent which demonstrate that your NRA's decision was influenced by political intervention.
Under the Communications Regulation Act of 2002 ("2002 Act"), Section 13 provides that the Minister can give policy directions to the new Communications Commission, but only in conjunction with a public consultation setting out the reasons for the proposed policy direction. Introduction of the public consultation requirement constitutes an important safeguard. In addition, the Minister’s directions may not exceed the powers contained within either the appropriate EU or national legislation.
The intent behind the 2002 Communications Act was that ComReg would receive national guidance/policy objectives, which ComReg would then be responsible for achieving. In March 2004, the Minister for Communications issued three policy directions:
1) general policy on competition;
2) broadband, wholesale and retail telephone line rental, and interconnection/leased lines; and
3) national and cross border-roaming.
There have been no policy directions since 2004.
25.[FONT=&quot] [/FONT]What are the grounds for removal of the head of your NRA?
Under Section 18 of the 2002 Act, the Minister may remove the Commissioner from office if the Commissioner has "become incapable through ill health of effectively performing" his duties or "for stated misbehaviour".
26.[FONT=&quot] [/FONT]What is the duration of office of your NRA's management? Is there a possibility of re-appointment?
The 2002 Act provides for a 3-person Communications Commission. Section 15 (3) of the Act provides that every Commissioner may be appointed for a period of not less than 3 years and not more than 5 years. Under Section 15 (4), a Commissioner can serve up to 2 terms in office, thereby bringing a Commissioner's potential time in office to up to 10 years.
27.[FONT=&quot] [/FONT]What percentage of the incumbent share capital is held by the Government? Does it confer control?
The Irish Government no longer has any shareholding in the incumbent Eircom.
A.8.[FONT=&quot] [/FONT]Efficiency of NRA acting as dispute settlement body

28.[FONT=&quot] [/FONT]Can your NRA, acting as dispute settlement body, adopt interim measures prior to final settlement of the dispute?
The framework regulations contain no explicit provisions that would enable ComReg to make interim decisions. In practice, ComReg normally publishes a proposed finding for comment and then formalizes the outcome following consideration of comments. The main steps in the existing dispute resolution procedures are:
Step 1:
·[FONT=&quot] [/FONT]ComReg receives written notice of dispute.
·[FONT=&quot] [/FONT]ComReg determines whether the notice conforms to the definition of a dispute, and assesses the adequacy of information provided and the legal basis for the dispute.
·[FONT=&quot] [/FONT]The 4 month maximum timeframe starts from the date of notification of a dispute to the parties.
Step 2:
·[FONT=&quot] [/FONT]ComReg formally notifies the respondent of the complaint, and a copy of the dispute is sent to the respondent. The respondent is allowed to give submissions within 7 calendar days on whether an investigation under the dispute procedures should be undertaken by ComReg. ComReg notifies both parties when the 4-month clock has commenced.
·[FONT=&quot] [/FONT]ComReg decides on the dispute resolution procedures and informs the parties.
Step 3:
·[FONT=&quot] [/FONT]The respondent has 14 days to respond to the dispute.
Step 4:
·[FONT=&quot] [/FONT]ComReg analyses the submission and meets with the parties if necessary.
Step 5:
·[FONT=&quot] [/FONT]ComReg presents a draft determination.
·[FONT=&quot] [/FONT]Parties have 14 calendar days to submit comments on the draft determination.
Step 6:
·[FONT=&quot] [/FONT]ComReg publishes the final determination.
29.[FONT=&quot] [/FONT]What was, over the past two years, the average (median) timeframe for obtaining an interim decision (where applicable) from the NRA acting as dispute settlement body?
As indicated above, there is no real concept of an interim decision.
30.[FONT=&quot] [/FONT]What was, over the past two years, the average (median) timeframe for obtaining a final decision from the NRA acting as dispute settlement body?
Under the Framework Regulations, ComReg must, excluding exceptional circumstances, make a determination as soon as possible, but within 4 months from the date on which the dispute was notified by either party. This appears to be followed as a general rule.
B.[FONT=&quot] [/FONT]General Market Access Conditions

B.1.[FONT=&quot] [/FONT]General access policy and procedures

31.[FONT=&quot] [/FONT]Are there transparent price regulation methodological rules (provided by law or elsewhere) in place for the regulation of the various electronic communication services in the markets where SMP was established (e.g., narrowband, broadband, business services and mobile)?
Industry is advised by ComReg that there are rules surrounding cost-orientation and non-discrimination in markets where SMP has been established. However, this is not always transparent to industry. Generally, the process behind ComReg’s assessment of margin squeeze is not made clear to industry. In January 2006, however, ComReg published a decision notice in relation to price squeeze in the wholesale broadband market, which detailed process and methodology. http://www.comreg.ie/_fileupload/publications/ComReg0601.pdf
32.[FONT=&quot] [/FONT]Is there a standard procedure (i.e., a procedure provided whether by law or elsewhere) facilitating the negotiation by market players of non-standard access or interconnection agreements with SMP operators?
Eircom’s reference interconnect offer details a new services process. In relation to negotiating interconnection agreements, there is a process whereby if Eircom requires a change to the RIO, it must advise ComReg. This change is then open to comment by industry, and ComReg may ensure that changes are made to the text etc., as per industry feedback.
33.[FONT=&quot] [/FONT]Has a consultation process been established for assessing and addressing questions related to Next Generation Networks and the transition to IP interconnection in collaboration with operators (beyond the SMP-market analyses of the NRF)? Please specify.
No. To date, no process has been established for assessing and addressing questions in relation to Next Generation Networks and the transition to IP interconnection. However, ComReg very recently published an Information Note to advise that it would soon be consulting with industry players on a bilateral basis.
B.2.[FONT=&quot] [/FONT]Accounting separation (Art 11 AD)

34.[FONT=&quot] [/FONT]If your NRA has imposed a non-discrimination and/or cost-orientation remedy upon an operator, has it imposed a cost accounting separation obligation as an accompanying measure?
Yes. Accounting separation has been imposed in all fixed markets where SMP was found. It has also been imposed for markets 15 and 16.
35.[FONT=&quot] [/FONT]Is the methodology for accounting separation clearly specified (by law or elsewhere) and subject to consultation?
Yes.
36.[FONT=&quot] [/FONT]Are the accounts drawn in accordance with cost accounting separation published or otherwise made publicly available?
These are available on Eircom’s website, www.eircom.ie/.
37.[FONT=&quot] [/FONT]Do the separated accounts clearly show transfer charging arrangements between SMP products and all relevant downstream markets?
Eircom accounts include a section on Transfer Charges, which explain how charges are raised from the Core Network and Local Access Network Businesses to the Retail Business for use of the respective networks (http://investorrelations.eircom.net/pdf/2005_hca_lc.pdf). However, this does not necessarily directly relate to the markets where SMP has been found.
B.3.[FONT=&quot] [/FONT]Non-discrimination and margin squeeze

38.[FONT=&quot] [/FONT]Are there clear rules and a clear methodology (provided by law, your NRA, or elsewhere) on the interpretation and application of the non-discrimination obligation in an ex ante context? If so, please elaborate your response.
In January 2006, ComReg published a Decision Notice entitled “Retail minus wholesale control for the Wholesale Broadband Access market”. This Notice sets out a methodology in relation to price squeeze tests in this market, but does not necessarily apply outside the specific market. General guidance on interpreting a non-discrimination obligation is given in various decision documents.
39.[FONT=&quot] [/FONT]Are there clear rules and a clear methodology (whether provided by law, your NRA, or elsewhere) on the interpretation and application of the price squeeze test in an ex ante context? If so, please elaborate your response.
In January 2006, ComReg published a Decision Notice entitled “Retail minus wholesale control for the Wholesale Broadband Access market”. This Notice set out some methodology in relation to price squeeze tests in this market. ComReg has also addressed margin squeeze in the payphone market. There is no general statement or published methodology for calculating margin squeeze.
40.[FONT=&quot] [/FONT]Have the rules and methodology for any price squeeze test as referred to above been published?
In January 2006, ComReg published a Decision Notice entitled “Retail minus wholesale control for the Wholesale Broadband Access market”. This Notice sets out some methodology in relation to price squeeze tests in this market. ComReg has also addressed margin squeeze in the payphone market. There is no general statement or published methodology for calculating margin squeeze. However, the decision notice and associated consultations in relation to the “retail minus” price control set out ComReg’s approach to evaluating the appropriate margin between wholesale and retail prices.
41.[FONT=&quot] [/FONT]Does the NRA have specific provisions to enforce non-discrimination on non-price terms, e.g., requirement for transparency of internal contracts, publication of internal SLAs, use of KPIs to identify differences in treatment?
Yes, to some extent. However, the concept has not been extended to all product sets and is only in place for retail leased lines (sold with a wholesale discount). The statistics are available at www.eircomwholesale.ie.
B.4.[FONT=&quot] [/FONT]Rights of way and facility-sharing (Art 11 FD)

42.[FONT=&quot] [/FONT]Are there clear and non-discriminatory procedures in place enabling operators to apply for rights of way?
Details regarding road works, in particular, can be found in the Communications Regulations Act 2002 (Section 53).
43.[FONT=&quot] [/FONT]In practice, is it possible to exercise these rights of way at a reasonable cost (e.g., financial charges imposed in relation to the use of the public domain for the roll-out of the networks)?
In general, building of infrastructure across both public and private land will entail some monetary payment to local authorities through a license fee and/or long-term damage charge.
44.[FONT=&quot] [/FONT]In practice, is it possible to exercise these rights of way in a reasonable timescale?
Yes, but congestion created by such works has led to stricter policies by local authorities.
45.[FONT=&quot] [/FONT]Is there an effective mechanism in place to appeal decisions on rights of way?
Details regarding road works, in particular, can be found in the Communications Regulations Act 2002 in Section 53. Rights of way in Ireland is a particularly fraught subject and has caused significant problems over the years. Although the problems are eventually resolved, market players do not consider that there is an effective mechanism in place to appeal decisions, given the time and costs involved in such appeals.
B.5.[FONT=&quot] [/FONT]Numbering

46.[FONT=&quot] [/FONT]Is number portability available for fixed numbers? If so, is it available for all types of numbers (used for fixed services) or is it limited to geographic numbers?
Yes. Number portability occurs between different fixed networks and between different mobile networks, but not between fixed and mobile networks. For fixed networks, it currently applies to geographic numbers, Freephone numbers, shared cost numbers, Premium Rate Numbers, Personal numbers, Universal Access numbers and Internet access numbers based on 189X.
47.[FONT=&quot] [/FONT]Is mobile number portability available?
Yes.
48.[FONT=&quot] [/FONT]What is the average wholesale price for porting fixed numbers, if available (you may provide ranges if more convenient)?
Fixed number portability can range from EUR 26,41 (11th Implementation Report) for a single port, to EUR 3,96 for a port of 100 or more CLIs. Note: There are no direct charges to consumers.
49.[FONT=&quot] [/FONT]What is the average wholesale price for porting mobile numbers, if available (you may provide ranges if more convenient)?
Mobile number portability: EUR 20 (11th Implementation Report).
50.[FONT=&quot] [/FONT]What proportion of fixed numbers were ported in 2005?
50.826 (11th Implementation Report) (out of a total set of 1.577.000 direct access paths).
51.[FONT=&quot] [/FONT]What proportion of mobile numbers were ported in 2005?
275.000 mobile numbers were ported during 2005, corresponding to approximately 7% of the total customer base.
52.[FONT=&quot] [/FONT]Are there any restrictions on the number ranges available for VoIP, e.g., no geographic numbers or requirement for PATS and ECS for geographic numbers?
In addition to the geographic range, ComReg designated a new non-geographic number range, based on the access code 076, for VoIP-based services.
53.[FONT=&quot] [/FONT]Is number portability available with local loop unbundling?
Yes, from 8 August 2006, geographic number portability became available with local loop unbundling. However, the process thus far is extremely manual, and there are low limits to the volumes allowable under the current process. The industry is working on phase two of this process, with ComReg chairing working groups to improve the process and to make it scaleable for mass market launch.
B.6.[FONT=&quot] [/FONT]Frequencies

54.[FONT=&quot] [/FONT]Has spectrum been granted in a technologically neutral fashion? If not, please explain.
Yes. In September 2005, ComReg published its Spectrum Management Strategy statement 2005-2007 (cf., http://www.comreg.ie/_fileupload/publications/ComReg0572.pdf).
This document sets out ComReg’s aspirations in this regard.
55.[FONT=&quot] [/FONT]Are there rules on spectrum trading envisaged or in place?
Yes. In ComReg’s Spectrum Management Strategy statement 2005-2007, ComReg states: “ComReg will be studying these concepts in relation to trading and change of use as part of its broader work on spectrum liberalisation. Although some aspects of this require revision of the primary legislation (Wireless Telegraphy Acts), ComReg will be seeking opportunities to liberalise specific frequency bands or services where this would provide benefits and could be done within the scope of existing legislation.”
Note: ComReg joint hosted an OECD workshop on spectrum management in May 2006.
C.[FONT=&quot] [/FONT]Effectiveness of implementation

C.1.[FONT=&quot] [/FONT]Narrowband voice services

56.[FONT=&quot] [/FONT]What is the level of the incumbent’s interconnection tariffs for call termination with interconnection at the local switch level?

Cent per minute
Cent per call
Timeframes
Primary
D= 0.306
E= 0.171
w/end = 0.153
D= 0.818
E= 0.456
w/end = 0.409
01/04/2004 30/06/2006 Final
Primary
D= 0.319
E= 0.174
w/end = 0.155
D= 0.804
E= 0.438
w/end = 0.391
01/07/2006 Final
*rates quoted in Eurocents
Peak: 08:00-18:00 on weekdays / Off-Peak: 18:00-8:00 on weekdays / W/e: Sat., Sun. and public holidays

57.[FONT=&quot] [/FONT]What is the level of the incumbent’s interconnection tariffs for call termination with interconnection at the single tandem switch level?

Cent per minute
Cent per call
Timeframes
Tandem
D= 0.545
E= 0.304
w/end = 0.272
D= 1.039
E= 0.579
w/end = 0.519
01/04/2004 30/06/2006 Final
Tandem
D= 0.548
E= 0.298
w/end = 0.265
D= 1.012
E= 0.550
w/end = 0.491
01/07/2006 Final
*rates quoted in Eurocents
Peak: 08:00-18:00 on weekdays / Off-Peak: 18:00-8:00 on weekdays / W/e: Sat., Sun. and public holidays
58.[FONT=&quot] [/FONT]What is the level of the incumbent’s interconnection tariffs for call termination with interconnection at the double tandem switch level?

Cent per minute
Cent per call
Timeframes
Double Tandem
D= 0.819
E= 0.456
w/end = 0.409
D= 1.136
E= 0.633
w/end = 0.567
01/04/2004 30/06/2006 Final
Double Tandem
D= 0.794
E= 0.431
w/end = 0.385
D= 1.147
E= 0.622
w/end = 0.554
01/07/2006 Final
*rates quoted in Eurocents
Peak: 08:00-18:00 on weekdays / Off-Peak: 18:00-8:00 on weekdays / W/e: Sat., Sun. and public holidays
59.[FONT=&quot] [/FONT]Are different termination costs taken into account for determining termination charges (e.g., higher costs for new entrants compared to established operators with a large inherited customer base)?
Rates are not required to be reciprocal and are based on negotiation. ComReg has not, as yet, decided on how these charges should be determined. As part of the ongoing market analysis review under the new framework, ComReg has found all fixed line authorized operators to have SMP on their individual networks. As such, a price control remedy will be imposed on these operators. ComReg has issued a draft decision to this effect. The form of such price control has not been determined. Currently, termination rates between fixed operators are predominantly reciprocal, but some smaller operators apply a higher termination rates than the incumbent.
60.[FONT=&quot] [/FONT]Is carrier selection and preselection implemented?
Yes.
61.[FONT=&quot] [/FONT]What proportion of customers use an alternative provider to the incumbent for direct access to telephone services (i.e., not relying on any part of the incumbent’s access network)?
The proportion is very small, estimated at 2%.
62.[FONT=&quot] [/FONT]What is the market share (revenue) of alternative operators in the fixed voice market?
According to ComReg's quarterly report published in June 2006, Eircom has 76% of total fixed line revenue and the ANOs have 24%.
63.[FONT=&quot] [/FONT]Is wholesale line rental (WLR) available (on a commercial or regulatory basis)? What proportion of active incumbent fixed lines is wholesaled through WLR?
WLR is available on a regulatory basis. According to ComReg’s quarterly report for June 2006, in Quarter 1, 2006, approximately 388.000 lines were classified as either CPS or WLR. Over half of these are WLR lines. The current rates can be viewed on Eircom’s website in the RIO price list (http://www.eircomwholesale.ie). Wholesale PSTN line rental is currently 17.98 EUR.
64.[FONT=&quot] [/FONT]What is the value of the retail price basket (i.e., average monthly expenditure) for residential customers?
EUR 45 (11th Implementation Report);
According to ComReg’s June 2006 quarterly report, Ireland ranks seventh in the retail price basket for residential customers.
Please see http://www.comreg.ie/_fileupload/publications/ComReg0628.pdf, p. 14. The value appears to be approximately just over USD 400 (USD 35/month).
65.[FONT=&quot] [/FONT]What is the value of the retail price basket (i.e., average monthly expenditure) for business customers?
EUR 86 (11th Implementation Report).
According to ComReg’s June 2006 quarterly report, Ireland ranks sixth in the retail price basket for residential customers. Please see http://www.comreg.ie/_fileupload/publications/ComReg0628.pdf, page 14. The value appears to be approximately just under USD 800 (USD 70/month).
C.2.[FONT=&quot] [/FONT]Mobile services

66.[FONT=&quot] [/FONT]What is the peak-rate fixed to mobile termination charge applied by the largest (in revenue) mobile operator in your country?
12,90 Eurocents/min for both Vodafone and O2.
67.[FONT=&quot] [/FONT]Is fixed to mobile termination subject to regulation? If so, please specify the regulatory conditions applied, e.g. price control, non-discrimination.
Yes. ComReg found Vodafone, Meteor, O2 and “3” as having SMP for termination on their own networks. On 26 September 2005, the ECAP (Electronic Communications Appeals Panel) annulled part of ComReg’s Decision in relation to the SMP designations, by withdrawing the finding in relation to “3”.
Under the proposed remedies, SMP MNOs have each been required to offer cost-oriented prices, non-discrimination, transparency, cost accounting and accounting separation. Note: Price control and accounting separation are only applicable to O2 and Vodafone. This was brought officially into force by ComReg Decision Notice D11/05 (http://www.comreg.ie/_fileupload/publications/ComReg0578.pdf).
68.[FONT=&quot] [/FONT]Is mobile to mobile termination subject to regulation? If so, please specify the regulatory conditions applied, e.g. price control, non-discrimination.
Mobile to mobile termination is treated in the same way as mobile termination, and the same rates are applied.
69.[FONT=&quot] [/FONT]Where price regulation is applied, are prices required to be cost-oriented? Has a glide-path been applied, and if so, at what date are prices projected to reflect the value arrived at as a result of the cost analysis?
SMP MNOs shall be required to offer cost-oriented prices. In ComReg Decision Notice D11/05 (October 2005), ComReg noted, “[a]s and from the effective date of this Decision and prior to the establishment of a definitive level of cost oriented prices for each of the SMP MNOs, ComReg may, in pursuance of the aim of establishing such prices, issue directions to the SMP MNOs for the purposes of establishing a glide path (that is to say, a graduated step approach) towards cost orientation or a price cap in respect of MVCT prices. In doing so, ComReg may amongst other options, employ benchmarking.” ComReg has indicated that O2 and Vodafone are expected to publish their first set of separated accounts in 2007.
70.[FONT=&quot] [/FONT]Where non-discrimination is applied to fixed to mobile and/or mobile to mobile offnet rates, is the mobile operator required to demonstrate that it is not discriminating with respect to its own ‘internal’ onnet rates?
ComReg does not require the demonstration of non-discrimination with respect to on-net calls.
71.[FONT=&quot] [/FONT]What are the market shares (by revenues) on the retail market of the 2 largest mobile operators?
According to ComReg’s quarterly market review published in June 2006, Vodafone had 53,2%, O2 33,1%, and Meteor 13,7% of market share by revenue.
72.[FONT=&quot] [/FONT]What is the price of the basket for low users of mobile retail services?
EUR 22,9 (11th Implementation Report).
Approximately EUR 220 (ComReg quarterly market review, http://www.comreg.ie/_fileupload/publications/ComReg0628.pdf).
73.[FONT=&quot] [/FONT]What is the price of the basket for average users of mobile retail services?
EUR 47,9 (11th Implementation Report).
Approximately EUR 350 (ComReg quarterly market review http://www.comreg.ie/_fileupload/publications/ComReg0628.pdf[FONT=&quot]).[/FONT]
74.[FONT=&quot] [/FONT]Is one or more mobile virtual network operator ("MVNO") operational? If so, what is the MVNO market share of mobile revenues (or subscribers)? Is MVNO access subject to regulation?
There are currently no MVNOs in Ireland. The obligation imposed by ComReg to offer MVNO access was appealed before the ECAP as part of the Vodafone and O2 appeal against the finding of joint dominance in 2005. The ComReg decision in relation to the finding of joint dominance was annulled on 13 December 2005 by agreement between ComReg, Vodafone and O2. This also had the affect of annulling the remedy of MVNO access. “3” is obliged to offer MVNO as a condition of its license.
C.3.[FONT=&quot] [/FONT]Business services

75.[FONT=&quot] [/FONT]What is the proportion of subscribers using an alternative (i.e., non incumbent) provider for direct access?
There is no data that specifies direct and indirect access by business and residential services, or reports the number of subscribers to these services. ComReg measures the market by reporting direct and indirect access paths. At the end of June 2006, there were 462.601 indirect access paths, compared to 1.576.842 direct access paths. Alternative Operator direct access for the higher level access products (2Mb/s and above) is approximately 26%, and is a fraction of 1% for the lower level market.
76.[FONT=&quot] [/FONT]Are there any wholesale partial private line offers ("PPCs") in your country?
Yes.
77.[FONT=&quot] [/FONT]What is the price of set-up and monthly rental for a 2Mbit/s, 5km PPC?
EUR
Connection
Monthly Rental

808,67
502,08[1]

78.[FONT=&quot] [/FONT]What is the price of set-up and monthly rental for a 34Mbit/s, 5km PPC?
EUR
Connection
Monthly Rental

1406,07
2013,25[2]

79.[FONT=&quot] [/FONT]Do the leased line wholesale and PPC products include a Service Level Agreement including delivery and restoration times and financial penalties for failure to meet targets?
Yes.
80.[FONT=&quot] [/FONT]Is there a standard procedure for the migration from leased lines to PPCs?
Yes.
81.[FONT=&quot] [/FONT]Is a Wholesale Ethernet Service (WES) available? If not, is it under consideration by your NRA?
No. Eircom currently provides Retail Ethernet services. The issue will be considered during ComReg’s second market review of the wholesale leased line markets.
82.[FONT=&quot] [/FONT]What is the price of a 2Mbits/s, 200km leased lines from the incumbent?
EUR
Connection
Monthly Rental

3809,22
2887,77

(35.345 11th Implementation Report).
83.[FONT=&quot] [/FONT]What is the price of a 34Mbit/s, 200km leased line from the incumbent?
EUR 87.500 and EUR 7.200 for installation (please note that this is a current estimate, as this is not a regulated service in Ireland.) (419.255 11th Implementation Report).
C.4.[FONT=&quot] [/FONT]Broadband

84.[FONT=&quot] [/FONT]Is full local loop unbundling available?
Yes. However, the service is very restricted, since the associated number portability was only recently (August 2006) introduced on a manual basis, which is not capable of handling large volumes.
85.[FONT=&quot] [/FONT]Is shared ULL access available?
Yes. However, the incumbent has only recently allowed LLU line share to be combined with WLR on the same line. This serious restriction has significantly limited use of this product. Since the incumbent does not provide any form of migration service, this continues to limit the ability of operators to use this service. Price reductions in the incumbent’s bitstream DSL service, without associated reductions in the LLU service prices, are raising concerns on the economic viability of LLU line share.
86.[FONT=&quot] [/FONT]What is the set-up and recurrent tariff charged for full ULL, (please provide annual charge for a two year period)?
EUR


Connection
Monthly Rental
Two Year Average Monthly Rental
58,00
15,09
17,50

87.[FONT=&quot] [/FONT]What is the set-up and recurrent tariff charged for shared ULL access (please provide annual charge for a two year period)?
EUR


Connection
Monthly Rental
Two Year Average Monthly Rental
58,00
7,74
10,15
88.[FONT=&quot] [/FONT]Are facilities associated to ULL, such as co-location and backhaul, required to be made available at cost-oriented rates? Has the NRA intervened to specify the rates and terms for the supply of these services?
The NRA regulates the pricing of LLU services. However, prices were set a few years ago and are now much higher than those applied in other European countries. Market players have indicated an urgent need to reduce LLU rental prices, following reductions in DSL bitstream prices.
The fully unbundled LLU charge is based on a LRIC cost analysis. Since that was set some two years ago, a three year CPI increase (year on year) approach was taken (despite protest from the industry). The final CPI price rise will take place within the next few weeks and is expected to be a some 4% increase. Shared line charge will also increase by CPI.
89.[FONT=&quot] [/FONT]What is the number of unbundled lines and shared access as a percentage of total DSL lines?
3,9 % (ECTA Broadband Scorecard Q1 2006).
90.[FONT=&quot] [/FONT]Do contracts for ULL and associated facilities include a SLA including delivery and restoration times and financial penalties for failure to meet targets?
Yes. Some of the set targets are met. However, market players have indicated that some of the key targets are being significantly missed, such as delivery times.
91.[FONT=&quot] [/FONT]What connectivity options (according to ERG classification) are available for ADSL bitstream?
Option 3 (ECTA Broadband Scorecard Q1 2006).
92.[FONT=&quot] [/FONT]What percentage of DSL lines are provided by competitors on the basis of wholesale bitstream access as a proportion of total DSL lines (at wholesale level)?
22,89 % (ECTA Broadband Scorecard Q1 2006).
93.[FONT=&quot] [/FONT]Do the wholesale broadband products include a Service Level Agreement including delivery and restoration times and financial penalties for failure to meet targets?
Yes.
94.[FONT=&quot] [/FONT]Is there a standard procedure for the migration from a resale ADSL offer to a bitstream offer to fully unbundled or shared loops?
No. The incumbent Eircom has refused to provide any migration services as a matter of regulatory principle. Industry has been requesting such services since 2004. The main LLU operators recently submitted a renewed formal statement of requirements for these services. Hence, the only way to move service is for consumers to cease their existing services, wait for the line to be cleared of those services, and then to order new services. This is leading to long down-times for broadband customers (weeks, in many cases) and constitutes a very high barrier to people switching to LLU. There is an ongoing ComReg workstream to mandate a migration process from bitstream to LLU.
95.[FONT=&quot] [/FONT]Is a price squeeze test applied by your NRA in relation to wholesale DSL products and LLU? If so, does your NRA apply the test across the whole value chain, e.g., between different wholesale products in addition to between wholesale and retail?
The national regulator operates a margin squeeze test between the incumbent’s retail price and its wholesale bitstream price, but not between the wholesale bitstream price and LLU. Market players have indicated that this is a major concern, as the price of bitstream has continued to fall, whereas Ireland has some of the highest LLU rental prices in Europe.
96.[FONT=&quot] [/FONT]What percentage of broadband lines are supplied end to end (i.e., without use of the incumbent’s fixed network) by competitors (by alternative non-mobile access networks)?
25,89 % (ECTA Broadband Scorecard Q1 2006). The total number of Broadband in Ireland is 322.500 lines. The fixed network is used for 239.000 lines. Hence, lines using cable networks, FWA etc., are 83.500, which is 26% of the total (derived from NRA Quarterly Data June 2006 (Doc 06/28) – figures at end-March 2006).
97.[FONT=&quot] [/FONT]Is naked DSL available? If not, is it under consideration by your NRA?
Naked DSL is not available in Ireland. Neither the incumbent nor the NRA appears to be considering this issue at this time.

[1] EUR 350 in the 11th Implementation Report.

[2] EUR 3125 in the 11th Implementation Report.