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Electronic Communications Appeals Panel - Current Appeals

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  • 12-07-2005 2:40pm
    #1
    Registered Users Posts: 4,290 ✭✭✭


    The Electronic Communications Appeals Panel currently has a list of all appeals on their website - http://www.ecap.ie/

    Some I was unaware of:

    ECAP 2005-02: Eircom Limited v Commission for Communications Regulation

    ECAP6 2005/03-08: O2, Vodafone Joint Dominance Appeals.

    ECAP6 2005/09 – Eircom Limited v Commission for Communication Regulation “Leased Line Appeal”.

    ECAP 2004/01: Hutchinson 3G Ireland Limited v Commission for Communications Regulation


Comments

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


    Damien

    I see eircom are appealing National Leased Lines and Wholesale Broadband Access (Bitstream) in addition.

    Most interesting, thanks for posting this.

    Tom


  • Closed Accounts Posts: 3,733 ✭✭✭Blub2k4


    Any chance you could give us a one line description of what each thing means? It is quite cryptic when one is not intimate with all of the information.


  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    That explains how 'margin squeeze' yellowpack BB got thru. Eircom appealed the price controls first.


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


    Here you go:

    ECAP 2005-02: Eircom Limited v Commission for Communications Regulation

    eircom appealing designation by ComReg of SMP (Significant Market Power) status in the markets for Wholesale Broadband Access (Bitstream) and National Trunk Segments of leased lines.

    ECAP6 2005/03-08: O2, Vodafone Joint Dominance Appeals.

    Joint Dominance for call origination on mobile networks as defined and designated by ComReg/approved by the EU Commission. Levying full regulatory remedies on both parties.

    ECAP6 2005/09 – Eircom Limited v Commission for Communication Regulation “Leased Line Appeal”.

    eircom appealing designation by ComReg of SMP (Significant Market Power) status in the markets for leased lines National Trunk Segments of leased lines.


    ECAP 2004/01: Hutchinson 3G Ireland Limited v Commission for Communications Regulation

    Appeal by Hutch on Single Network Dominance (SND) SMP designation for call termination on own network, where operator had/has no live subscribers.

    So the big one is the VOD and O2 case as it was a slightly risky one for the commission and ComReg to stand over and Spain has just issued a review similar to the Ireland outcome, i.e. Joint Dominance on Origination in mobile markets.

    Tom


  • Closed Accounts Posts: 805 ✭✭✭vinnyfitz


    Interesting stuff.

    How long has this site been live I wonder? Until recently DCMNR had a page about the ECAP which did not reveal the existance of this site.

    The currently litigated LLU facilitation obligations do not appear yet as an appeal to ECAP. I guess they won't end up on their desk untill the high court rules - what odds on this happening before the end of this legal term?

    The structure of the ECAP - with quite different teams hearing the different appelas seems likely to risk all sorts of inconsistency of decisions - very odd. I note the chairman Hugh Mohan is only sitting on one of the 4 panels up so far!

    What is with the steel balls site image thing - a subliminal comment on the challenge facing the Panel perhaps?


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


    vinnyfitz wrote:
    Interesting stuff.

    How long has this site been live I wonder? Until recently DCMNR had a page about the ECAP which did not reveal the existance of this site.

    The currently litigated LLU facilitation obligations do not appear yet as an appeal to ECAP. I guess they won't end up on their desk untill the high court rules - what odds on this happening before the end of this legal term?

    The structure of the ECAP - with quite different teams hearing the different appelas seems likely to risk all sorts of inconsistency of decisions - very odd. I note the chairman Hugh Mohan is only sitting on one of the 4 panels up so far!

    What is with the steel balls site image thing - a subliminal comment on the challenge facing the Panel perhaps?

    1. Site in existence about 3 days now.
    2. Minister yet to convene a panel for LLU case. Judicial Review will go first, ruling likely in next term. Might be interesting if it get to panel stage to see if further JR happens based on matter of law or matter of principle.
    3. Steel balls, not sure. Perhaps it represents a graphic of the amount of balls each panel member has? or maybe its an indication that the panel thinks it has balls of steel. :cool:


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