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Broadband competition

  • 09-03-2012 9:02am
    #1
    Closed Accounts Posts: 9,897 ✭✭✭


    Eircoms refusal to upgrade certain exchanges effectively gives them control over the size of the line connection broadband market in Ireland as well as complete control over access to customers. I'm curious as to how this kind of control over the market would stand up under competition law. Any theories?


Comments

  • Hosted Moderators Posts: 3,807 ✭✭✭castie


    Not sure how it would fall under any of the regulations to be honest.
    They are not benefiting from it, its a level playing field for all.


    Even if it was considered to be.
    I would think a simple "its uneconomical for us to make an upgrade to this exchange" would suffice.

    You cant just force them to make loss making ventures.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The Regulatory Framework is a little more complex than that unfortunately.


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I'd argue that it is beneficial to have total control of the size of a market and over access to individual area markets. It also contributes to the establishment of monopolies in those areas by companies who offer expensive wireless service to customers with no alternative.

    Of course then you're kind of getting into the question of wether broadband is a necessity or a luxury.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    MagicSean wrote: »
    Eircoms refusal to upgrade certain exchanges effectively gives them control over the size of the line connection broadband market in Ireland as well as complete control over access to customers. I'm curious as to how this kind of control over the market would stand up under competition law. Any theories?
    There are other competitors off the phone line, NTL use the cable line and there are providers that work off the mobile phone network so there is competition there.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Geographic segmentation is argued for by Eircom to try shore up perceived losses created by UPC. Those losses are very limited.

    It would be wholly unsuitable as a Regulatory remedy in our market, given its size and the lack of incentive to invest at certain points in the country, e.g., the boonies.

    The LLU area is regulated and other operators have access to Eircom's network.

    With Eircom in an unhealthy state financially, it is unlikely much will be done to upset the current status of things!

    Tom


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  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    MagicSean wrote: »
    I'd argue that it is beneficial to have total control of the size of a market and over access to individual area markets. It also contributes to the establishment of monopolies in those areas by companies who offer expensive wireless service to customers with no alternative.

    Of course then you're kind of getting into the question of wether broadband is a necessity or a luxury.

    The markets are segmented into relevant markets for service(s) in most instances. I assume that is not what you are referring to above?


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    There are other competitors off the phone line, NTL use the cable line and there are providers that work off the mobile phone network so there is competition there.

    Wireless broadband cannot be compared to fibre optic landlines.
    Tom Young wrote: »
    The markets are segmented into relevant markets for service(s) in most instances. I assume that is not what you are referring to above?

    I was referring to geographical areas. Basically Eircom have the option to analyse a geographical area and activate a service there at their own will when they believe they will have a competitive edge. For example, Eircom could time their exchange upgrades to coincide with a particular marketing scheme to give them the best chance of taking new customers. Or they could wait until the current wireless provider gets in some kind of difficulty and then swoop in and target their customers.

    The network company and the provider should be seperate so profitability shouldn't really come into it.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Sorry but that's a pipe dream! Pun intended.

    Currently, doing that would kill competition in the NGA space.

    Why give an incumbent what they want?

    Tom


  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Tom Young wrote: »
    Sorry but that's a pipe dream! Pun intended.

    Currently, doing that would kill competition in the NGA space.

    Why give an incumbent what they want?

    Tom

    i don't follow. What would be giving them what they want?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Eircom has been calling for Geographic Segmentation for some time now.


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  • Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Tom Young wrote: »
    Eircom has been calling for Geographic Segmentation for some time now.

    But they effectively have it. By controlling the broadband lines they can choose when and where to introduce or allow the introduction of products. Every time there is an upgrade in technology they can choose which areas to introduce it to.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Yes, but that's not the point. They've currently gut SMP in the relevant market for supply of legacy services.


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