Etain Doyle and the Commission

dahamsta

Two questions for IrelandOffline, with inline explanations. There's a fair possibility these may be defunct, perhaps because IrelandOffline has pre-empted me, or because the commission is already signed, sealed and delivered, but hell, I've done my work tonight, I need a break.

Q1. Has IrelandOffline lodged a formal objection to Etain Doyle's application for the Chair of the new commission, or does it plan to do so?

"It's not personal, it's business."

It really isn't personal, and I would be genuinely dismayed if I thought Etain took it so. However, even putting aside the fact that she wasn't given enough power to regulate a gas cooker, never mind a powerhouse like Eircom, I don't think that she wasn't the right person for Director of Telecommunications, and I really don't think she's the right person to chair the commission. And it's not just a kneejerk "gods no, not her!", it's something I've been thinking about since long before the Comms Bill was passed.

Let's be honest, we don't know how much of what Etain did was error of judgement, and how much of it was needlepoint political pressure. But let's face it, there were an inordinate amount of decisions that went contrary to common sense, contrary to what was best for the country and the industry. Again, there must have been enormous political pressure being brought to bear, both from Government and industry (and hell, even industry via Government), but Etain has to be measured on her achievements, and she comes out pretty bad in the tally.

Let's weigh up the good versus the bad. Unfortunately, and this pretty much proves my point before I start, it's much easier to remember the bad. There was the regional cable monopolies, which will probably haunt Etain for the rest of her career. There was the decision to back down from the DSL court case, which is highly questionable in light of the continental-drift-like rollout of DSL. And there's the wireless licences that drifted down behind the sofa cushions, conveniently preventing new operators from entering the market.

What's good? Well, she made lots of excellent low- to medium-level decisions against Eircom. Genuinely, lots of them, most of them extremely well-considered in the short and long term, and admirably executed. But sadly, when you add them all up, it's just not enough to make up for the lack of high-level, hard-line decisions. Eircom retail needs to be hobbled; Eircom wholesale needs to be put on a leash; NTL and Chorus both need a scare; and the OLO's need encouragement. These and more need to happen if Ireland is to get out of the rut. I don't believe they're going to come from Etain.

I say this because the impression I get is that Etain genuinely believes that competition in the marketplace will drive competition in the marketplace. And it will, but we've seen with perfect clarity in the past few years that it needs a short, sharp shock to get started, and that can only come from two directions: from the industry itself, or from regulation. It's not going to come from industry right now, because of the (self-inflicted) pain they're suffering; it has to come from regulation. I don't think Etain can see that, and we need someone who can.

I'll say it once more: It mightn't be Etain's fault. Maybe she can see it, maybe she just can't do anything about it. But the long and the short of it is that Etain's been at it now for years, and she's known for several of them that the industries she's regulating are effectively treating her like an errant child: annoying, but not life-threatening. Something has to change, and I don't think the commission on its own is enough, especially considering the hobbled Communications Bill they've been presented with. We need someone nasty in charge, and I'm sorry, but Etain doesn't cut the mustard.

Q2. Has IrelandOffline made recommendations for appointments to the new commission, or does it plan to do so?

There is a place for Etain on the commission though, at least in my mind, but only on certain conditions. I believe the ideal commission would be made up of somone who would fight the cause of industry driving competition on the right, someone who would fight the cause of strict regulation on the left, and an impartial decision maker that is beyond reproach in the middle, in the chair. I believe Etain would fill the seat on the right admirably, because I believe that's her style of regulation anyway, and her experience would enable her see both sides of the coin.

Who goes on the left and in the middle? I have no idea. I think you know which one I'd want, but I can't see that being acceptible to... well, anyone except a few IrelandOffline members. But I do know that IrelandOffline has met enough people in the past year or so to make some pretty well-informed recommendations. Hence my question.

adam

yellum

Who makes the decision about whos going to be on the commission ?

dahamsta

Who makes the decision about whos going to be on the commission ?

The Department of Communications would be the obvious choice, but with this Government, god only knows. Given the affect the appointments will have on, uh, contributions though, no doubt the head muppet himself will have a say. Which is nice.

adam

eircomtribunal

Great article, adam!

On eircomtribunal we've just published a reply to our letter to Etain Doyle which casts some more light at the workings of the ODTR.
You can get to it here or the link on the homepage.

Peter

dahamsta

Thanks Peter. I wonder though, if you've actually sent the letters on eircomtribunal.com to the relevant parties?

adam

eircomtribunal

Originally posted by dahamsta
I wonder though, if you've actually sent the letters on eircomtribunal.com to the relevant parties?

adam

We've sent three letters, "A word of caution", "Etain Doyle" and "Charly Bird", by post. Perhaps we should have done so by registered post.

Peter

dahamsta

Excellent, thanks Peter. I doubt this piece will be of much interest, but you're welcome to reproduce anything I write on the IrelandOffline forum under the terms of the Open Content Licence. So is everyone else for that matter.

adam

dahamsta

Oftel boss gets Ofcom job

Heavily criticised Oftel boss David Edmonds has secured a place on the board of the new Office of Communications (Ofcom).

His appointment (it's possibly because he knew the PM when he used to rock and roll - Ed) will be scoffed at by those in the industry who believe the telecoms regulator has failed to keep BT in check - especially over matters concerning the development of the Internet in the UK.

Most recently, Freeserve has been critical of Oftel, claiming it is ignoring BT's alleged abuse of its dominant market position in return for the telco being more proactive in rolling out broadband in the UK.

Far from aiding competition, Edmonds' critics believe that the watchdog's lack of regulatory bite has allowed BT to drag its heels over the introduction of unmetered dial-up access, local loop unbundling and broadband.

Last year Mr Edmonds was warned that he faced the blame for the UK becoming the broadband 'sick man of Europe' unless he resolved a long-running dispute over the local leased market.

[...]

They should come over here if they want to see a weak watchdog...

Perhaps I should point out: My questions weren't rhetorical. They seem perfectly valid to me, and anyone I've run them by in recent days has agreed with my opinion. However, that's neither here nor there -- I'd like to hear IrelandOffline's position please. This is important.

adam

SkepticOne

I'm not sure it would be wise for IOFFL to publically hold an official position on whether or not Etain Doyle should become chair of the new commission.

On the issue of the other appointees, this is being handled by an committee independent of the Government and is unlikely to respond to pressure. Etain Doyle is guaranteed a position on the commission by law.

dahamsta

Hi Mike,

I'm not sure it would be wise for IOFFL to publically hold an official position on whether or not Etain Doyle should become chair of the new commission.

I can see the political problem, and I don't wish to see IrelandOffline sidelined by the Commission subsequent to the appointments, however I'm sure Etain Doyle is bigger than that. If she isn't, well, my response has to be that even though I haven't been involved in IrelandOffline for some time, I haven't seen a whole lot of benefit coming from direct communications with the ODTR.

Of course, my entire argument is that I haven't seen (whether there has been or not is another matter) benefit to /anyone/ coming out of the ODTR, never mind IrelandOffline, and that the impression we have been given is one where /everyone but/ the ODTR has driven things forward. So there is quite possibly something to be gained, and very little to be lost. On balance, I see room for IrelandOffline to state their case.

Of course, IrelandOffline isn't just an entity, it is a grouping of individuals, and whether we like it or not, the members of the committee are the most important individuals in our group. Now I haven't worked with you guys for a while, but I would be very surprised to hear yourself or the other committee members tell me frankly that you think Etain Doyle is right for the Chair. I would be surprised to hear /anyone/ say it.

I'm not going to argue this to death, and I'm not saying I'm right, I'm just trying to spark a debate. I'm concerned with Etain Doyle's unwillingness to speak out. I'm concerned that her office - the Office of the Director - has shamelessly used industry tactics to hide it's ineffectiveness. I'm worried that even if she is given more power, she will not leverage it, she will continue to believe that competition is the only answer.

There is one more important thing though: Your concern is political, and as I said, I can understand it. However IrelandOffline isn't a political organisation, it is a representative organisation; it should speak the mind of it's members, not what's politically correct. No matter what happens, it shouldn't default on this matter -- IrelandOffline has done a lot of work to make itself known, it should be leveraging that work.

On the issue of the other appointees, this is being handled by an committee independent of the Government and is unlikely to respond to pressure.

You don't think the Government can be pressured /now/? You jest, surely? Either way, like I said above, whatever position IrelandOffline takes, defaulting is absolutely the wrong thing to do. Whether it has an effect or not is meaningless, if not illogical given our past. IrelandOffline was arguably more powerless than the ODTR last year, now it has become the de facto representative body for Internet users. We should be saying /something/.

Etain Doyle is guaranteed a position on the commission by law.

I'm not sure of that - I remember Mary O'Rourke's statement, but I don't have the legislation to hand - but as I've already stated, I don't object to Etain Doyle being appointed to the commission. I object to her being appointed to the Chair. There's a huge difference.

adam

SkepticOne

Originally posted by dahamsta
Hi Mike,

I'm not sure it would be wise for IOFFL to publically hold an official position on whether or not Etain Doyle should become chair of the new commission.

I can see the political problem, and I don't wish to see IrelandOffline sidelined by the Commission subsequent to the appointments, however I'm sure Etain Doyle is bigger than that. If she isn't, well, my response has to be that even though I haven't been involved in IrelandOffline for some time, I haven't seen a whole lot of benefit coming from direct communications with the ODTR.

That's not really it. What I was saying is that I don't really see the wisdom of opposing Etain Doyles position in terms of furthering our goals.

Of course, my entire argument is that I haven't seen (whether there has been or not is another matter) benefit to /anyone/ coming out of the ODTR, never mind IrelandOffline, and that the impression we have been given is one where /everyone but/ the ODTR has driven things forward. So there is quite possibly something to be gained, and very little to be lost. On balance, I see room for IrelandOffline to state their case.

Yes but we haven't as a group decided what is IOFFL's case in this matter. Sure there has been moanings about Etain Doyle, but this thread is the first to my knowledge suggesting that someone else be appointed.

Of course, IrelandOffline isn't just an entity, it is a grouping of individuals, and whether we like it or not, the members of the committee are the most important individuals in our group. Now I haven't worked with you guys for a while, but I would be very surprised to hear yourself or the other committee members tell me frankly that you think Etain Doyle is right for the Chair. I would be surprised to hear /anyone/ say it.

I can see plus and minus sides to Etain Doyle holding the chair. These would just be my personal opinions, though. This is about the wisdom of adopting an official position.

I'm not going to argue this to death, and I'm not saying I'm right, I'm just trying to spark a debate. I'm concerned with Etain Doyle's unwillingness to speak out. I'm concerned that her office - the Office of the Director - has shamelessly used industry tactics to hide it's ineffectiveness. I'm worried that even if she is given more power, she will not leverage it, she will continue to believe that competition is the only answer.

There is one more important thing though: Your concern is political, and as I said, I can understand it. However IrelandOffline isn't a political organisation, it is a representative organisation; it should speak the mind of it's members, not what's politically correct. No matter what happens, it shouldn't default on this matter -- IrelandOffline has done a lot of work to make itself known, it should be leveraging that work.

Well, if we adopted the position that Etain Doyle should not be appointed chair of the commission, wouldn't that be political? I would think so.

On the issue of the other appointees, this is being handled by an committee independent of the Government and is unlikely to respond to pressure.

You don't think the Government can be pressured /now/? You jest, surely?

I jest not. What is the point in pressurising the Government when the issue is being handled by a committee independent of them? We would look very foolish indeed if we tried this.

Either way, like I said above, whatever position IrelandOffline takes, defaulting is absolutely the wrong thing to do. Whether it has an effect or not is meaningless, if not illogical given our past. IrelandOffline was arguably more powerless than the ODTR last year, now it has become the de facto representative body for Internet users. We should be saying /something/.

You say "whether or not it has an effect is meaningless". I disagree with this.

I would argue that we are primarily an organisation trying to exert influence to bring about affordable broadband and flat-rate dial-up. People have joined up on this basis. If we did not focus on this, we would not be representing our members.

Whilst the members of IOFFL including myself and other committee members may have many opinions on general Internet access issues, we need to weigh up whether adopting these opinions as an official IOFFL position furthers these aims.

Etain Doyle is guaranteed a position on the commission by law.

I'm not sure of that - I remember Mary O'Rourke's statement, but I don't have the legislation to hand - but as I've already stated, I don't object to Etain Doyle being appointed to the commission. I object to her being appointed to the Chair. There's a huge difference.

Yes. See section 14 of the Communications Act:

(5) (a) Notwithstanding this section, the person who, immediately before the establishment day, was the Director, shall be deemed to be appointed as a Commissioner upon that day and shall, subject to paragraph (b), stand appointed on the same terms and conditions on which she was previously retained.

As you say, though, there is a difference between being chair and being an ordinary commissioner.

dahamsta

Hi Mike,

That's not really it. What I was saying is that I don't really see the wisdom of opposing Etain Doyles position in terms of furthering our goals.

I'll concede that it's arguable. Certainly, a new Chair may not be take a stronger position than Etain Doyle. However, it's my view that the regulatory environment will remain stagnant if Etain takes the Chair, and let's be honest, it can't get much /more/ stagnant. On balance, I'd prefer to take the risk of a different Chair.

Yes but we haven't as a group decided what is IOFFL's case in this matter. Sure there has been moanings about Etain Doyle, but this thread is the first to my knowledge suggesting that someone else be appointed.

I would have thought that was implicit.

Well, if we adopted the position that Etain Doyle should not be appointed chair of the commission, wouldn't that be political? I would think so.

I don't think so, I think it would be expressing the opinion of a group of people. Again, there's a difference. That said, at the moment you would only be expressing the position of me, and that wouldn't be right either.

I jest not. What is the point in pressurising the Government when the issue is being handled by a committee independent of them? We would look very foolish indeed if we tried this.

I know you're not that naive Mike. There's no such thing as "independent" in Irish Government.

You say "whether or not it has an effect is meaningless". I disagree with this.

You misunderstand me. My fault though, I should have said "although I think it /will/ have an affect..." My point, however, was that IrelandOffline was built out of nothing -- and we did stuff, and it became something. If we stop doing stuff because of political correctness, well, it defeats the purpose in my view, what's the point in continuing. We have a right to an opinion, we have a right to express that opinion. I think that after all the effort we've put in, we now have a duty to express our opinion on something as important as this.

I would argue that we are primarily an organisation trying to exert influence to bring about affordable broadband and flat-rate dial-up. People have joined up on this basis. If we did not focus on this, we would not be representing our members.

Absolutely. And the commission will - or at least should - have a huge effect on this. This is my point precisely.

Whilst the members of IOFFL including myself and other committee members may have many opinions on general Internet access issues, we need to weigh up whether adopting these opinions as an official IOFFL position furthers these aims.

Yes, we do. What do /you/ mean by "we" though? (I can say that, I was at the AGM.

adam

spongebob

to

The FOE

meaning 'Friends of Etain'

M