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Comreg Roasted By Appeals Panel.

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  • 28-09-2005 11:24am
    #1
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭


    As predicted by those of us with common sense, Comreg lost the decision on the Mobile Operator 3 in the Appeals Panel.

    For those coming afresh to this, Comreg decided that an operator whcih was not even live was SOOOOOOO BIIIIIG that it already had Significant Market Power and could be regulated because of that.

    The decision was so flawed that it called into question every single SMP designation however well deserved and calls into question yet again the competence and probity of Comreg as a body.

    Decision(s) by ECAP is Here

    ECAP did go up their own arses on the principle of deference (to them) in a procedural judgement before the meatball . Comreg have grounds to go to the High Court there but not so as to change the substance of the decision :)

    The Final (substantive) decision is 71 pages long and contains gems like

    "The Respondent did not meet the standard required of it when carrying out an economic analysis" "There were a number of deficiencies"

    On page 68 it is damning !!!!!

    "A lot of the economic analysis ........had not been done...prior to the decision"

    IE Comreg only looked properly at it when 3 appealed. Comreg then blamed 3 for not talking to them (page 69) during the analysis which really did not take place by their own admission !

    They will probably blame Eircom for talking too much when its their turn at the appeals panel .

    FFS What a shower :(


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    #2
    viking
    Registered Users Posts: 1,504 ✭✭✭viking


    Question.

    Technically, doesn't every owner of a telecommunication's network (fixed/mobile) have, by default, SMP for wholesale voice call termination on its own network?

    So is ComReg not correct in its determination?

    Gareth


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    #3
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    viking wrote:
    Technically, doesn't every owner of a telecommunication's network (fixed/mobile) have, by default, SMP for wholesale mobile voice call termination on its own network?

    No. The appeals panel explained that this MAY not actually be the case :) , kinda no countervailing bargaining power or CBP with yourself


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    #4
    eircomtribunal
    Closed Accounts Posts: 1,144 ✭✭✭eircomtribunal


    Sponge Bob wrote:
    FFS What a shower :(

    There's also an article on enn about it.
    And our picture snapshot, predating the ruling, nicely comments the outcome:
    knecapped.jpg
    P.


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


    Sponge Bob wrote:
    No. The appeals panel explained that this MAY not actually be the case :) , kinda no countervailing bargaining power or CBP with yourself


    Sorry but that is the case. Single Network Dominance concept applies. SMP will apply, to a live network operator.

    SNNP and Countervailing buying/bargaining power take a long time to study. In general all who terminate live traffic will have SMP of some nature. It's been the case in many EU states un the market for interconnection, Wholesale call termination.

    now what remedies apply is the next query, my guess is diet ones for new entrants.


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