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ComReg Withdraw LLU Directions

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    #2
    Mr_Man
    Registered Users Posts: 638 ✭✭✭Mr_Man


    Thanks

    M.


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    #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Mr_Man wrote:
    Thanks

    M.

    I did summarise in my posting on the case but ...

    Conservative guesses:

    1. eircom offer forward looking position on LLU.
    2. Stalemate.
    3. ComReg agree work program with eircom on LLU to last duration 1/2 years.
    4. Various battles & Stalemate.
    5. Eventual WLR and LLU GNP - Portability solutions tabled.

    Result: SNAFU.

    Tom


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    #4
    cgarvey
    Registered Users Posts: 3,886 ✭✭✭cgarvey


    Surely, we've first to wait for the appeal, which was the whole point of the High Court case, wasn't it (ComReg forcing a directive on eircom, that they were appealing)? Or will eircom/ComReg come to a mutual understanding to avoid the appeal? When is the Appeals Panel scheduled to hear the appeal?


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    #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    cgarvey wrote:
    Surely, we've first to wait for the appeal, which was the whole point of the High Court case, wasn't it (ComReg forcing a directive on eircom, that they were appealing)? Or will eircom/ComReg come to a mutual understanding to avoid the appeal? When is the Appeals Panel scheduled to hear the appeal?

    I don't see an appeal registered. Just checked ecap.ie nothing indicating an appeal.

    The case was seeking the right to appeal (agressive lead time directions). As you'll note the minister was more or less criticised for not convening a panel. Question is, did they appeal to DCMNR against the ComReg directions? I am not sure. Other part is, when does the 28 day appeal registration clock re-start?

    eircom wrote to ComReg challenging the factual and legal basis of Decision D1/05. In addition, it indicated its intention to appeal and to seek a suspension of the decision until the appeal had been determined unless ComReg withdrew the decision. ComReg did not and proceeded to issue two enforcement decisions on 2nd February and 15th February pursuant to Regulation 18 of the Access Regulations. eircom applied to appeal Decision D1/05 to ECAP within the 28 day time frame. It applied to have ComReg’s decision suspended until the appeal had been determined.

    SMP is not up for appeal. So cg. maybe your right, it was only intention to appeal.

    Humm, more SNAFU.


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