LLU stuck in the courts for months!

Eircom's legal review may carry on into next court term
Jamie Smyth, Technology Reporter




A judicial review sought by Eircom to gain the right to appeal an order to open its network to competitors may not be completed before the end of the court term, it emerged yesterday.

Eircom is seeking to put a stay on an enforcement order issued by the Commission for Communications Regulation (ComReg) in February that is intended to make it easier for rivals to use the last mile of its phone network.

In a brief court hearing yesterday, Justice McKechnie said it now "looks bleak" that the case will be completed before the end of the current court term, which finishes the week after next.

He was responding to representations from ComReg's legal counsel, Gerard Hogan, who told the court that the telecoms regulator was anxious that the judicial review be completed as soon as possible.

In an affidavit filed with the court, ComReg has alleged that Eircom is obstructing the process of local loop unbundling, a key process through which alternative operators can use Eircom's network to provide services.

The regulator also argues that there is no merit in Eircom's appeal against a series of directions that it has issued to promote local loop unbundling.

Eircom's opposition to these specific directions subsequently prompted ComReg to issue an enforcement order against the company to force it to comply with the directions.

In its affidavit to the court, Eircom argues that the directions and enforcement order from ComReg have no legal basis, are unreasonable, disproportionate and contravene the requirements of fair procedures.

The firm is seeking to put a stay on the directions until it is able to lodge an appeal against them with a new Electronic Communications Appeals Panel.

It argues that the enforcement order issued by ComReg removes its legitimate right of appeal.

Eircom says that it will suffer significant financial loss in implementing the ComReg directions, which may be very difficult to recoup in the event that its appeal to the panel is successful.

Alternative operators, such as BT and Smart Telecom, which both had representatives present in court yesterday, argue that introducing a new system to enable local loop unbundling is urgently required.

Last week Smart Telecom claimed that Eircom was deliberately blocking customers from switching to the firm's new broadband product.

The case is up for mention today.



© The Irish Times