Report of latest meeting with the Department of Public Enterprise - (3/5/02)

Dangger

The report of IrelandOfflines most recent meeting (3/5/02) with the Department of Public Enterprise is now available here.

spongebob

Interesting

At least we know the civil service have started to read the directives and are gung ho....allegedly... to make them law here.

The access directive mentioned in the link is ONE of them and refers to SMP ..significant market power...and the obligations to ensure reasonable access to other carriers.

Under the universal service directive there is a different category, that of USO or universal sevvice obligation.

How typical of the DoPE to quote the market creation component of the Framework without mentioning the obligations component ... I would have quoted this back at him ...albeit not from memory...but I can read fast.

Heres article 16(3) from that directive


3. Where as a result of a market analysis carried out in accordance with Article 14(3) of
the Directive [on a common regulatory framework for electronic communications
networks and services], national regulatory authorities determine that a market is not
effectively competitive, they shall ensure that undertakings with significant market power in that market orient their tariffs towards costs, so as not to charge excessive prices or inhibit market entry, or restrict competition by setting predatory prices,
showing undue preference to specific users or unreasonably bundling services.
National regulatory authorities may apply appropriate retail price cap measures to such
undertakings in order to protect user and consumer interests whilst promoting
effective competition.


M

vinnyfitz

I don't think we should be too hard on the Department officials Muck. From my reading of David's report they are open to new arguments and are in favour of our overall objectives.

In order for them to play their part fully they need two things:
1. The benefit of our expertise. You can bet that no one else coming through their door is arguing things from the side we are. Civil servants are not all-knowing. They rely on the information given to them, the arguments made and have very small (if any) budgets for technical advice. Rest assured they work very hard - at least in that Department.
2. Pressure on their political masters so that the issue gets bumped up the agenda. This will be particularly important after the election when the new government sits down and works out what its legislative priorities are. Since they have just done a Communications Act they may not feel that it is a priority and despite civil servants' ambitions transposing the EU Directives may not seem very exciting and news worthy (especially if the AG's office is warning them that there are all sort of constitutional issues...).

Anyway we are making progress. No matter how frustrating it may seem.

MDR

Well done,

its makes quite interesting reading, althought I was disappointed by Aidan's comments.

At the end of our meeting Aidan commented on some of the demands that he had read, by members of IrelandOffline on the www.boards.ie/irelandoffline site relating to forcing the incumbent to offer a "retail" flat rate service. He emphasised that this was simply not possible and would not be something the Department would or could pursue, as there would be legal and policy questions as to whether such a level of regulatory intervention was possible or appropriate.

When he stated 'that this was simply not possible' what does he mean, is it simply not possible to make this service financially viable or not possible for the DoPE to force the incumbant to provide the service. ?

Is this statement confined to the ability to act of DoPE or is he implying that the ODTR couldn't act either, he says 'as there would be legal and policy questions as to whether such a level of regulatory intervention was possible or appropriate. ' ?

Therefore can the conculsions i draw from this as whole, is that the ODTR couldn't force incumbant operator to provice FRIACO itself, but could force incumbant to provide network services to other operators to allow them to provide FRIACO ?

So therefore I go back to previous point I have made in the past, the ODTR have stated to us on many occasions that all that is needed for her to take an active roll in the provision of FRIACO is an operator other than the incumbant to request her to force the incumbant to provide that service. Is the ball not in our park now to approach other operators to get an undertaking from them to make such a request to the ODTR, should that not now be our main point of attack ? The other operators have said in the past that they have made requests related to FRIACO to the incumbant, but apparentilly not to the ODTR, is there a reason behind this ?

spongebob

The DoPE does not and will not get the full picture of the framework and WILL not be responsible for its enforcement in total.....this narrows the scope of what the DoPE can achieve and what they will allow their Enforcers, the ODTR, to do as a consequence. It is not the fault of the DoPE that their remit is insufficiently wide to deal with this issue.

This is because the framework in its entirity must be enforced by the DoPE and the DETE in concert.

MDR is probably correct in saying that the DoPE ....OF ITSELF ... is stuck in a rut as is the ODTR. I believe they would like to help but cannot see quite how unless another carrier gives them a casus bella.

The DETE can more effectively sit on the incumbent and force it not to behave in an abusive and anti-competitive way. It has the heavier artillery to deal with Eircon!

As for the notion that the DoPE and the DETE could and should work together on this, only a member of the public could suggest that.

M

MDR

The DETE can more effectively sit on the incumbent and force it not to behave in an abusive and anti-competitive way. It has the heavier artillery to deal with Eircon!

Have we ever talked to the Dept of Enterprise Trade and Employment ?

I don't read into it that the DoPE/ODTR is powerless to help, I really think they want to take action on this issue but are waiting for an operator to request them to force the incumbent to provide the service ?? What will it take to get an operator to make such a request.

Or am I missing the point completely.

vinnyfitz

As of this week http://www.entemp.ie/press02/130502.htm the Comp Authority has more new powers and I suppose it should be on our hit list.

spongebob

I explained this of this to Dangger in a PM , some of ye could ask him for it.

It explains where I am coming from in detail.

M

Dustaz

OOps, missed this one. Stickied now for informational purposes