Freeserve in legal fight against Oftel

BigEejit

The good people at the reg are running a story about freeserve taking oftel to court because

The ISP claims it's been forced to take this action to ensure that the telecoms regulator complies with its responsibilities to enforce competition law in a proper manner.

Anyone reckon that one of the ISP's in Ireland would take the ODTR on?

highlight

Oftel are not just the telecoms regulator in the UK, they also carry out the functions of the competition authority.

Here the functions are split between the ODTR and the Competition Authority.

sax0000

Originally posted by highlight
Oftel are not just the telecoms regulator in the UK, they also carry out the functions of the competition authority.

Here the functions are split between the ODTR and the Competition Authority.

Whether "OFTEL" carry out the functions of "the competition authority" in GB or not in the telecommunications arena, no entity is carrying out the functions of a competition authority in the telecoms arena in Ireland.

The ODTR are only concerned with matters arising between eircom and the OLOs. It appears to be irrelevant to them that the consumer is suffering as a result of certain eircom tactics. So long as no eircom competitor complains to the ODTR, everything is OK in ODTRland. Section 5 of the Competition Act 2002 is not being enforced against eircom as a result. This non enforcement is costing internet users in Ireland millions of Euros every month in "monopoly profit" payments directly or indirectly to eircom.

What is the point in having laws if they aren't being enforced?

Surely we might as well all go out and thieve what we can?


sax0000

spongebob

the consumer credit act 1994 or 1995 specically excludes credit advanced by Eircom as it happens.

the odca cannot intervene in matters to do with the extension of credit by Eircom..the wording probabl excludes all telcos.

they may have jurisdiction with prepaid products but not postpaid or flatrate on credit

the ODTR has failed to adequately police this gap...they are responsible

M

sax0000

Originally posted by Muck
the consumer credit act 1994 or 1995 specically excludes credit advanced by Eircom as it happens.

the odca cannot intervene in matters to do with the extension of credit by Eircom..the wording probabl excludes all telcos.

they may have jurisdiction with prepaid products but not postpaid or flatrate on credit

the ODTR has failed to adequately police this gap...they are responsible

M

Doesn't surprize me. It is consistent with the way eircom is regulated. Special treatment across the civil service for other elements of the civil service. Including past members.

In relation to the mobile phone industry one suspects that many handset subsidy deals might be unlawful in terms of the interest rate ceilings if one did IRR calculations on the charges to the subscriber (calls and monthly subscription) using the cost of the phone and the cost of the service provided!

sax0000

Dangger

Here the functions are split between the ODTR and the Competition Authority.

Perhaps, but the new Commission about to replace the ODTR have been granted greater information sharing powers with the Competition Authority. They can as far as I know share information, which unbelievably was not the case up until now.