FRIACO may be legally challenged

crawler

From the Indo today...

THE surprise announcement yesterday by the Minster for Communications Dermot Ahern to direct the incoming Commission for Communications Regulation on internet access pricing could be legally challenged, lawyers have told the Irish Independent.

Mr Ahern said he was invoking his rights under the new Communications Act 2002 to order the Commission, which is to replace the Office of the Director of Telecommunications Regulation (ODTR), to introduce a flat rate internet access service (FRIACO) which would effectively mean forcing Eircom to slash the wholesale rates that it charges other operators to use its network.

However, lawyers have said that while the Minister for Communications has a statutory power to issue directions to the Commission for Communications Regulation, and the Commission is obliged to comply with these directions, it could be open to challenge if these directions are found to be unreasonable or disproportionate.

BigEejit

I think we all know you can change the heading to "FRIACO WILL be legally challenged" ... Eircon will drag it out as long as it can ...

crawler

Exactly my thinking - and it will go on and on and on and on.....look how long they managed to drag of Ice-cream!

kamobe

No one listens to me :rolleyes:

b20uvkft6m5xwg

"FRIACO WILL be legally challenged"

As sure as night follows day...
etc.
etc.
etc.

Only this time, in the mean time the likes of UTV and esat are likely to be offering it while they spend hundred of thousands litigating- so in essence that might stall the "writ serving" brigade at HQ.

molinaalexis

THE surprise announcement yesterday by the Minster for Communications Dermot Ahern to direct the incoming Commission for Communications Regulation on internet access pricing could be legally challenged, lawyers have told the Irish Independent.


Mr Ahern said he was invoking his rights under the new Communications Act 2002 to order the Commission, which is to replace the Office of the Director of Telecommunications Regulation (ODTR), to introduce a flat rate internet access service (FRIACO) which would effectively mean forcing Eircom to slash the wholesale rates that it charges other operators to use its network.


However, lawyers have said that while the Minister for Communications has a statutory power to issue directions to the Commission for Communications Regulation, and the Commission is obliged to comply with these directions, it could be open to challenge if these directions are found to be unreasonable or disproportionate.


"In pursuing its statutory objectives of promoting the interests of users of electronic communications services, including the internet, the Commission is entitled to 'encourage access to the internet at reasonable costs' under the Act," said Philip Nolan, an IT lawyer at Mason Hayes & Curran solicitors.


He added that the Act makes it clear that the measures taken by the Commission in relation to costs of internet access must be both reasonable and proportional, having regard to the Commission's objectives.


He also said that as is generally the case with public body decision-making, certain steps taken by the commission may be subject to a judicial review challenge.


Mr Ahern's announcement comes after numerous calls from other operators like Esat BT and Nevadatele.com and pressure groups for reasonable wholesale, cost-based rates to be introduced.


Speaking at the TIF Annual Telecommunications Conference in Dublin he said: "We have to lead in this area. It is not enough to trail behind Europe, the US and the Far East in terms of policy and infrastructure."


In 2000, Oftel in the UK instructed BT, the incumbent there, to introduce FRIACO with wholesale rates of €25 per month.


A spokesperson for the Minister said that Mr Ahern is using his powers under the Act and that every decision is open to challenge.


Eircom said it is currently studying the Minister's decision, the first time a minister has issued a policy directive to an industry regulator, and added that it is too early to comment on the situation yet.



Ailish O'Hora

kamobe

Read on down through the threads - been posted

sceptre

Originally posted by molinaalexis
"In pursuing its statutory objectives of promoting the interests of users of electronic communications services, including the internet, the Commission is entitled to 'encourage access to the internet at reasonable costs' under the Act," said Philip Nolan, an IT lawyer at Mason Hayes & Curran solicitors.


He added that the Act makes it clear that the measures taken by the Commission in relation to costs of internet access must be both reasonable and proportional, having regard to the Commission's objectives.

Of course if the government had implemented the amendment proposed by the opposition and supported by IrelandOffline members this would be less of an issue. Monday morning quarterbacking I know but Dermot we did tell you. Hundreds (at least) of us told you.

aidan_dunne

Originally posted by molinaalexis
.....said Philip Nolan, an IT lawyer at Mason Hayes & Curran solicitors.

No, it couldn't be the same one, could it? Even if it's not, it's one hell of a coincidence, isn't it?

dahamsta

Of course if the government had implemented the amendment proposed by the opposition and supported by IrelandOffline members this would be less of an issue. Monday morning quarterbacking I know but Dermot we did tell you. Hundreds (at least) of us told you.

Well said sceptre. He should give Mary O'Rourke a good kicking.

adam

yellum

Originally posted by dahamsta
Of course if the government had implemented the amendment proposed by the opposition and supported by IrelandOffline members this would be less of an issue. Monday morning quarterbacking I know but Dermot we did tell you. Hundreds (at least) of us told you.

Well said sceptre. He should give Mary O'Rourke a good kicking.

adam

For the above reason ? Or for all the other reasons too ?

vinnyfitz

Just as a matter of interest does anyone know which of the major (i.e. competition law competent) legal practices in Dublin work for which of the players here -

ODTR
Eircom
ESAT
UTV
Competition Authority
Others .......

In order to understand the subtlties of "independent" commentary over the next probably highly legaly controversial period this could be handy information

dahamsta

For the above reason ? Or for all the other reasons too ?

Six of one, half a dozen of the other. Course, I'm a pacifist, so that was obviously just a feeble attempt at humour. I'd much prefer to see something horrendously politically embarassing happen to her anyway. Preferably through the incompetence and inaction of someone else. That'd be real justice.

Amazing the people we put into power. How stupid are we?

adam

eircomtribunal

Originally posted by molinaalexis

In 2000, Oftel in the UK instructed BT, the incumbent there, to introduce FRIACO with wholesale rates of €25 per month.

Ailish O'Hora

This wholesale rate of 25 euros just does not seem correct - otherwise it could not have retailed at this and below this level. As far as I remember the wholesale is more in the region of 5 euros to 10 euros.

Who'd be able to give the correct figures and also relay them to Indo's Ailish O'Hara?

The last thing we need now is a too highly priced dial-up being introduced in Ireland - and we want to be watchful for incorrect information being used in the media.

Peter