Eircom appeals on ComReg rulings

damien

Great, 5 month delays on LLU may be on the way...

Eircom opts for appeal on ruling by regulator


Eircom is appealing a ruling that would force its chief financial officer to "sign off" on financial information it provides to the communications regulator, writes Jamie Smyth, Technology Reporter

The appeal is being heard by the Electronics Communications Appeals Panel - a new body set up by the State to oversee decisions by the Commission for Communications Regulation (ComReg).

Eircom is also refusing to comply with separate directions issued last month by ComReg that would force it to open its network for use by competitors. A meeting with operators to discuss new processes that would make it easier for rivals to use Eircom's local access network - the final mile of its network that runs into homes - was cancelled yesterday by ComReg.

It is understood Eircom has told ComReg that it is considering lodging a separate appeal to the Electronic Communications Appeals Panel on its directions. Appeals to the State-appointed panel take at least five months to complete and could further delay the opening of Eircom's local access network to competitors. If unhappy with the appeals panel's decision, it is also open to the appellant to lodge a High Court challenge.

Esat BT, Smart Telecom and Leap Broadband are all eager to begin offering their own broadband services over Eircom's local access network. However, so far fewer than 2,000 of Eircom's 1.6 million lines have been opened to competitors for their own broadband and telephone services.

Last month ComReg directed Eircom to make changes to the process through which it rents its network to competitors. These changes would enable a faster and more efficient transfer of customers from Eircom to rivals that would invest in equipment to offer services on the "local loop".

In its decision notice last month, ComReg said the process of "local loop unbundling" had been fraught with difficulties. Meanwhile, The Irish Times learned yesterday that Eircom lodged its first appeal to the electronic communication appeals panel last month.

The company is appealing a direction by ComReg that would force its chief financial officer, Mr Peter Lynch, to sign off on information that it provides to the regulator. This information is required to enable ComReg to set charges that other operators pay Eircom to interconnect their own traffic with Eircom's network.

Rival operators have accused Eircom of charging them too much, while ComReg has in the past complained that Eircom has not provided either accurate or timely information on these charges. Eircom said yesterday it was appealing issues of "a technical nature" in the decision. On the issue of local loop unbundling, a spokeswoman said no final decision had been made on an appeal.

ComReg would not comment.

Moriarty

I love the smell of farce in the morning.

dahamsta

Why would it take five months to reach a decision like that? Is the panel run by a selected group of tortoises? Do they read one word an hour?

And why is Peter Lynch so disinclined to sign off on financial information that will be provided to ComReg? Is he worried that he might commit a criminal offense?

adam /mulls domain names

eircomtribunal

dahamsta wrote:

And why is Peter Lynch so disinclined to sign off on financial information that will be provided to ComReg? Is he worried that he might commit a criminal offense?

adam /mulls domain names

So up to now ComReg happily worked on the basis of figures handed in from Eircom's PR department?

P.

damien

ComReg issues a further direction to eircom on Local Loop Unbundling

ComReg has today issued a further direction requiring eircom to attend an industry meeting on Friday, the 4th of February, where it will provide an update as to the content and progress of its response to operators’ requests for the development of Local Loop Unbundling products and supporting processes.

On the 18th January2004, ComReg issued Decision Notice D1/051 which set out directions to eircom requiring it to respond to industry requests for the development of LLU products and supporting processes. Part of this response involved eircom meeting with industry on the 1st of February to, among other issues, discuss operators’ LLU requirements.

This meeting did not subsequently take place as it became clear to ComReg that eircom did not intend to address the relevant matters covered by that Decision Notice. ComReg has therefore issued further directions requiring eircom to attend an industry meeting on Friday, the 4th of February, where it will provide an update as to the content and progress of its response to operators’ requests for the development of LLU products and supporting processes.

Failure to adhere to this direction will result in an application to the High Court for an order directing compliance and/or the imposition of financial penalties, as appropriate.

Local Loop Unbundling is the process whereby operators competing with eircom can gain access to and control of the telephone line between the local telephone exchange servicing the customer and the customer’s premises – commonly known as the last mile or local loop.

Fine em fine em !

cgarvey

Has ComReg ever fined anyone?

damien

Through our FOI requests we asked this. They never fined eircom as a result of a complaint from another telco.

Blaster99

So all these companies that have lined up to do LLU services will have to wait five months? Surely Eircom should have to pay significant sums of money if they lose the court case to compensate for the delay? Depressing stuff.

Sleepy

Can anyone explain why the government are so toothless in regards to this?

dahamsta

Strictly speaking ComReg isn't part of the Government, however...

Because the current Government has been bought and paid for by corporations, in particular the coalition partner. In addition, the current Government remains a big subscriber to the Oirish Way -- the shifty handshake, the smoke-filled room, the brown envelope, the backscratching.

Sorry for the political answer, but you asked a political question.

adam

machalla

I see in the Independent this morning that Comreg are apparently

threatening Eircon with High Court action unless they comply with requests to attend an industry meeting tommorowin relation to the progression of local loop unbundling

Infini

Sleepy wrote:

Can anyone explain why the government are so toothless in regards to this?

C'mon they don't care about anyone but themselves.

dahamsta

In the spirit of cgarvey's question and damien.m's answer, who'd like to detail the High Court actions that have happened so far in matters pertaining to ComReg V Eircom, and vice versa?

"Big happenings, big chief, white man make lot noise do nothing! Dum du du dum du du dum! What "empty vessel"?"

adam

jwt

Does anyone know if eircom attended? and if so what was th outcome? and if not what comreg are doing?


John

damien

Very well done John. Nice to see Newstalk playing Devil's Advocate.

damien

As was stated on Newstalk, eircom attended in the form of Mr McRedmond and eircom's legal team. There's probably going to be another meeting in 2 weeks now.