[IT]Refusal to talk about network represents threat - Eircom rivals

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Jamie Smyth, Technology Reporter

Eircom's refusal to engage in a process of negotiating with competitors to offer them access to its network is imperilling the financial interests of other operators, a court heard yesterday.

On the final day of hearings of a judicial review by Eircom seeking the right to appeal an order to open its network, counsel for the telecoms regulator ComReg, Gerard Hogan, also said Eircom's arguments to stay a recent ruling by ComReg had "all collapsed like a pack of cards".

Eircom is seeking a stay on an enforcement order issued by ComReg in February intended to make it easier for rivals to use the final part of its phone network - between the local exchange and the individual property.

The firm has argued that the directions and enforcement orders issued by ComReg have no legal basis, are unreasonable, disproportionate and contravene the requirements of fair procedures.

Eircom is seeking a stay on the directions until it is able to lodge an appeal with a new Electronic Communications Appeals Panel.

Eircom's legal counsel said yesterday the firm should at least be allowed to go to the new electronic appeals panel to seek a stay on the orders by ComReg.

The orders by ComReg seek to force Eircom to negotiate new procedures to enable operators such as BT Ireland and Smart Telecom to gain access to its network to provide services.

This process, which is known as unbundling the local loop, is considered vital by the regulator to promote competition and offer cheaper and better broadband services to consumers.

Smart Telecom recently claimed that Eircom was deliberately blocking customers from switching to the firm's new broadband product.