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If you want "Functional Internet Access" Read This Now!

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  • 21-09-2004 11:34pm
    #1
    Closed Accounts Posts: 6,143 ✭✭✭


    <Bump>

    This "Functional Internet Access" consultation probably warrants a formal submission from the IoffL committee and the response is due within a few weeks. Thats the first of the two docs linked in the first article in this thread.

    M


«1

Comments

  • Registered Users Posts: 1,109 ✭✭✭De Rebel


    Based on what I said above about not wasting time re-defining the already defined, are there clear definitive statements from elsewhere that we could quote them? Not paragraphs of endless academic hot air, a simple list of countries where functional internet access has already been defined. And give that to ComReg.

    Anybody?


  • Closed Accounts Posts: 6,143 ✭✭✭spongebob


    Comreg are in another one of their "Lets Pretend We Care so We Will have a Consultation " moods at present. It seems they may actually consider their obligation to ensure that every Phone Line in the state (more or less) supports "Functional Internet Access" as per the law laid down in the 2002 EU USO Directive .......which is law here since July 2003 notwithstanding Comreg refusing to effectively enforce it .

    I wont subject anyone to the full 80 page consultation document unless they have a bad dose of the scitters and cannot afford the doctors visit for the prescription . Therefore here is the key question from that document and here is where to send the answer in your own words and in your own time (by the end of the month please) . I enclose Comregs own rationale for asking the question as well.

    If you feel like sharing your answer then please reply to this thread and paste it in .....it could easily inspire some further contributions . All contributions mailed into Comreg and put in the public domain will be important if the whole sorry business has to go to Europe later this year.

    Mail your opinion to ruth.kenny@comreg.ie .

    1. Background (page 11 of 81 in the Consultation Document (Warning . It is Very Heavy Reading )
    Market overview
    Background
    3.5 This document concerns the provision of narrowband access at a fixed location.
    ComReg is considering a connection to the public telephone network which is
    capable of allowing a user to make and/or receive domestic and international calls,
    fax communications, and data communications at rates sufficient to permit
    functional internet access. Access is provided at the network termination point to the
    local loop.

    Now you must answer the prequal question in the submission . Indicate whether you think that the law is the law . (Hint , they extracted the previous quote frrom the law)
    Q. 1. Do you agree with the scope of ComReg’s review of the retail fixed
    narrowband access markets? Please elaborate your response. ...................

    Muck would recommend the following but ye can say what ye like as long as ye are nice to Ruth !


    I agree with the overall analysis presented by Comreg in section Three of Consultation 04/94 . I believe that the legal position set down in section 3.5 is a true and fair representation of the objectives of the 2002 USO directive.

    I believe that Comreg must enforce that directive , particularly the Universal entitlement to a telephone line capable of Fuctional Internet Access where the line is supplied by the USO Carrier, namely Eircom . If Comreg do not intend to enforce this directive I believe that they must state the reasons why not in their Response to this Consultation . The situation regarding enforcement between the transposition of the directive on the 25/07/2003 and the commencement of this Consultation 01/09/2004 has been handled disgracefully by both Eircom and by Comreg.

    This consultation must not be used to fudge the proper enforcement of EU law.



  • Closed Accounts Posts: 6,143 ✭✭✭spongebob


    Ofcom have done it in the UK , 28.8k

    M


  • Registered Users Posts: 1,109 ✭✭✭De Rebel


    Muck wrote:
    Ofcom have done it in the UK , 28.8k

    M


    Thanks Muck. Anybody else got hard facts on this one?


  • Registered Users Posts: 4,051 ✭✭✭bealtine


    Muck wrote:
    It seems they may actually consider their obligation to ensure that every Phone Line in the state (more or less) supports "Functional Internet Access" as per the law laid down in the 2002 EU USO Directive .......which is law here since July 2003


    This consultation must not be used to fudge the proper enforcement of EU law.
    QUOTE]


    This may seem like a vacuous piece of doublespeek(tm), however FIA is vital
    to the national interest. It will force the incumbent to provide lines that work. No longer will 2 tin cans and a bit of string be considered to be "shure isn't it grand".

    This may seem like it is only relevant to dial up consumers but this affects DSL customers too, as their lines are rapidly decaying in the ground and the incumbent is under no obligation, under the current regime, to actually meet any standards whatsoever as to the quality of the lines.

    We've all heard the mantra repeated ad nauseum
    "Your line is not guaranteed to recieve faxes" or "If you can make voice
    calls then everything is fine"
    I remind everybody that faxes are an ancient technology and here in Ireland
    we cannot even be guaranteed a fax line...

    Therefore a minimum standard for lines is no longer a luxury but a necessity. The rate should be set at a reasonable speed, say 33.6, or a proper
    Signal to Noise Ratio (SNR) standard laid out that telcos must adhere to
    when running in new cables and all repairs to lines must bring those lines up to, at a minimum, this standard.


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Remember folks, if you are sending in mails, you must put

    “Reference: Submission re ComReg 04/94” as it says in the document.

    I think I'm going to give the 81 pages a go today.....highlighter at the ready :)


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    My own submission:


    Reference: Submission re ComReg 04/94

    "Q 1. Do you agree with the scope of ComReg’s review of the retail fixed
    narrowband access markets? Please elaborate your response."

    I agree with ComReg's analysis presented in section Three of Consultation 04/94. In particular, I would focus on the below considerations:

    From 3.5:
    "ComReg is considering a connection to the public telephone network which is
    capable of allowing a user to make and/or receive....data communications at rates sufficient to permit functional internet access."

    And from 3.16:
    "Analogue exchange lines. This provides a single channel, originally designed to provide voice traffic but capable also of supporting fax and data modems with speeds of up to 56 kbit/s. In Ireland, this is the predominant form of access"

    The relationship between the legal position in 3.5 and the analysis of the market in 3.16 is clear. An analogue line, in a modern context, is one which should be capable of supporting functional Internet access, up to 56kbit/s.

    Even this upper theoretical limit is considered by many to be less than "functional" for their needs. Despite this, our predominant form of access is based upon this technology, which is why it is crucial that ComReg enforces the 2002 EU USO Directive, and defines a minimum data rate over analogue lines that is between one-half and three-quarters of this physical limit (28kbit/s - 42kbit/s). This is a minimum rate below which the modern multimedia-based Internet becomes functionally unusable.

    Not only will this help achieve the desirable, but not yet existing, position of paragraph 3.5, but it will also help begin to bring this country into line with the rest of the developed world, instead of the current disgraceful situation where the incumbent operator (who, as stated in this document, own 99% of analogue lines, and therefore almost all of this country's predominant form of access) is permitted to, and by policy does, tell subscribers that it is not obliged to provide any form of communication access above a basic telephone service, and thereby actively denies access to crucial modern communications services such as faxing and data communications.


    Regards, etc


    Comments, suggestions before I send this off? :)


  • Closed Accounts Posts: 6,143 ✭✭✭spongebob


    bealtine wrote:
    This may seem like a vacuous piece of doublespeek(tm), however FIA is vital
    to the national interest. It will force the incumbent to provide lines that work.
    Absolutely Bealtine. The UK regulator , Ofcom as they now are, had a look at the exact same EU Directive that mandates "Functional Internet Access" and set a base standard of 28.8k. Ths meant that it was legally unacceptable for BT to split lines and not give their customers their own lines back to the exchange ......customers who only pay about 60% as much for their lines as we do here may I add. This was in July 2003 .
    Ho and belold , BT decided that they could supply 512k DSL to all their customers living within 10km of an exchange in September 2004. It only took 14 months for the UK to move from Universal High Quality Copper to Universal Broadband availibility on those lines .
    This may seem like it is only relevant to dial up consumers but this affects DSL customers too, as their lines are rapidly decaying in the ground and the incumbent is under no obligation, under the current regime, to actually meet any standards whatsoever as to the quality of the lines.
    Correct. The logical corollary is that Eircom will never install BB in some areas because they (and Comreg ) know the copper is crap, getting crapper and that BB will simply never work. Comreg have removed all practical incentives to bother making it work. If the copper is brought up to normal international standards there is no technical reason why DSL will not work anymore as DSL is designed to function on lines that are provided to normal international standards , consider it a Virtous Circle.
    We've all heard the mantra repeated ad nauseum
    "Your line is not guaranteed to recieve faxes" or "If you can make voice
    calls then everything is fine"
    I remind everybody that faxes are an ancient technology and here in Ireland
    we cannot even be guaranteed a fax line...
    Therefore a minimum standard for lines is no longer a luxury but a necessity. The rate should be set at a reasonable speed, say 33.6, or a proper
    Signal to Noise Ratio (SNR) standard laid out that telcos must adhere to
    when running in new cables and all repairs to lines must bring those lines up to, at a minimum, this standard.
    We were ALL guaranteed a Group One Fax line until July 2003 when Comreg decided to remove that guarantee in the USO . Ireland IS the only country EVER to remove Universal Group 1 Fax provision from the base universal standard once it had been inserted . Group 1 Fax technology is 20 years old . The current USO will not guarantee anybody a line that is capable of 20 year old technology despite the fact that these lines are the most expensive in the world ...in terms of monthly rental .

    M


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Call me slow but anyway, if I'm reading this right the situations is as follows. It's that Law in the EU, and hence in Ireland, that all phone lines must be capable of supporting fax and basic modem internet access. But Eircom state to everyone getting a line, or complaining of a line malfunction, that they are under no obligation to provide such a service, in direct contravention of the law. Furthermore, it's up to Comreg to ensure that Eircom obide by this law, but they've decided not to bother.

    Is this right? If so, I'll have a think about the wording of a response and mail it off to Comreg aswell.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    jor el wrote:
    Call me slow but anyway, if I'm reading this right the situations is as follows. It's that Law in the EU, and hence in Ireland, that all phone lines must be capable of supporting fax and basic modem internet access. But Eircom state to everyone getting a line, or complaining of a line malfunction, that they are under no obligation to provide such a service, in direct contravention of the law. Furthermore, it's up to Comreg to ensure that Eircom obide by this law, but they've decided not to bother.

    Is this right? If so, I'll have a think about the wording of a response and mail it off to Comreg aswell.
    You're almost there. The law is in place, but as it stands, "Functional Internet Access" is undefined by ComReg, so eircom aren't in fact doing anything [STRIKE]wrong[/STRIKE] illegal by saying that they are not obliged to fix your line to get internet access since the minimum data rate is undefined, and therefore is 0k. It's ComReg's cockup exploited by eircom's greed.


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  • Registered Users Posts: 4,290 ✭✭✭damien


    seamus wrote:
    My own submission...

    Comments, suggestions before I send this off? :)

    Nice one Seamus. Others should use your submission as a template.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Sent. Let us wait...


  • Registered Users Posts: 4,290 ✭✭✭damien


    October 13th is the due date for this.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Thanks for clarifying that Seamus, I'll probably steal bits of your reply too and send it on to them.


  • Registered Users Posts: 4,051 ✭✭✭bealtine


    jor el wrote:
    Call me slow but anyway, if I'm reading this right the situations is as follows. It's that Law in the EU, and hence in Ireland, that all phone lines must be capable of supporting fax and basic modem internet access. But Eircom state to everyone getting a line, or complaining of a line malfunction, that they are under no obligation to provide such a service, in direct contravention of the law. Furthermore, it's up to Comreg to ensure that Eircom obide by this law, but they've decided not to bother.

    QUOTE]

    Not quite.
    Once upon a time in the mists of history we had 2400baud set as a minimum standard. Comreg in their infinite wisdom received the text of an EU directive which mentioned "Functional internet access" and decided that meant nothing so that's what we got. nothing, nada, rien, zilch, 0k etc. So our lines now have to support 0k therefore no fax and no modems. eircom of course gleefully parroted this non standard to all and sundry and proceeded to do nothing about the appalling state of the copper and left it rot. Why should they bother after all the standard set here says 0k? So 2 tin cans and some string would probably work better than most of the copper.

    They have been considering this situation, while quaffing champagne in various bistros around dublin with those nice folk from eircom ... this has been going on for two years now.

    Ofcom faced with the same wording set a speed of 28.8 and mentioned problems with DACS (pairgains) that these were problematic in operation
    (for internet access) and strongly suggested they be removed from the lines.
    This obviously requires intelligence and foresight of the part of the regulator in the UK.

    Meanwhile eircom merrily put DACS everywhere and are still doing it...


    I have a secondhand ashtray for my motorbike for sale, psst wanna buy it?


  • Closed Accounts Posts: 2,188 ✭✭✭Ripwave


    Muck wrote:
    Absolutely Bealtine. The UK regulator , Ofcom as they now are, had a look at the exact same EU Directive that mandates "Functional Internet Access" and set a base standard of 28.8k.

    According to the document posted by Bealtine Ofcom has specifically stated that it has NOT set a minimum speed, it has only specified 28.8 as a "reasonable benchmark for functional Internet access".
    7. Whilst Oftel is not mandating a minimum speed, Oftel is of the view that, at the current time, a connection speed of 28.8 kbit/s is a reasonable benchmark for functional Internet access.

    There's no point in spinning that as something that it isn't.


  • Closed Accounts Posts: 2,188 ✭✭✭Ripwave


    bealtine wrote:
    Ofcom faced with the same wording set a speed of 28.8 and mentioned problems with DACS (pairgains) that these were problematic in operation (for internet access) and strongly suggested they be removed from the lines.
    Comreg have also issues recommendations on the use of pair gains, and even require eircom to inform a customer if a new line can only be delivered by using a pair gain (and will therefore be useless for data purposes).

    eircom are far more antipatheic to anything except it's own bottom line than BT ever was. Even with Ofcoms language, eircom could say "We are currently planning to upgrade that line in 2008" and would therefore be in legal compliance with the directive.


  • Closed Accounts Posts: 6,143 ✭✭✭spongebob


    Ripwave wrote:
    Comreg have also issues recommendations on the use of pair gains, and even require eircom to inform a customer if a new line can only be delivered by using a pair gain (and will therefore be useless for data purposes).
    I have never come across anyone who was informed in advance by Eircom that their request for a new line would result in the installation of a pairgain if that request were to be fulfilled. Has it ever happened ? If not does that indicate a failure of regulation somewhere ?
    Ripwave wrote:
    Whilst Oftel is not mandating a minimum speed, Oftel is of the view that, at the current time, a connection speed of 28.8 kbit/s is a reasonable benchmark for functional Internet access.
    You forget that having stipulated this speed Ofcom would do something for the affected customer if their line were incapable of sustaining this speed.
    Comreg generally refuse to face up to the rights of the consumer vis a vis the USO carrier. They refuse to formulate a definition of a "Reasonable Request" and then there is nothing to enforce ....this suits Comreg eminently of course because Comreg like to regulate the industry and do meetings. The consumer...at the granular level....is a dreadful inconvenience for them.

    Ironically the Fat Controller himself was wittering on TV last night about Comreg having a "duty of care" to the consumer , apropos porn diallers as it happens. Funny how his own minions seem unaware of this duty of care . One of their primary duties of care is to enforce the USO . Lets take this opportunity to remind them of that "duty of care" .

    Seamus has fleshed it out better than I did but all the contributions above are in the public domain so feel free to plagiarise as you wish but do get those emails into Comreg in the next few weeks and do post their contents in here if you wish. Otherwise Comreg will continue to lie and obfuscate and pretend they know nothing of any problem so there is none and therefore they have the best possible excuse to do nothing .

    Tell them.

    M


  • Moderators, Music Moderators Posts: 6,524 Mod ✭✭✭✭dregin


    [OT]
    This is slightly off topic, but is there an address off the European Communications Regulator that can be contacted to complain about COMREG?

    Thanks
    [/OT]


  • Registered Users Posts: 4,051 ✭✭✭bealtine


    Ripwave wrote:
    eircom could say "We are currently planning to upgrade that line in 2008" and would therefore be in legal compliance with the directive.

    Yes this clearly outlines the differences, eircom attempt to toss out any old crap lines and hope nobody will know any different, thanks to Comreg, whereas BT (angels that they are) do actually have an idea (dim mind you) that their customers are important and are not merely profit centres.It's obvious they are misguided in that they repair/replace lines and follow international standards. So the problem (of DACS) and crap copper is far smaller over/up there.


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  • Banned (with Prison Access) Posts: 16,659 ✭✭✭✭dahamsta


    dregin wrote:
    This is slightly off topic, but is there an address off the European Communications Regulator that can be contacted to complain about COMREG?
    Erkii Liikanen is the chap you're looking for.

    I sent a complaint to dear Erkii about LLU about 3-4 years ago, got a reply almost immediately saying "we're looking into your complaint", and nothing more for about a year and a half. The ultimate response was (from "the person responsible) something like "we've investigated this, and in the meantime whatever it was you complained about doesn't apply any more". Go figure, in that time.

    The moral of the story is to not be like me: Follow it up regularly. If I was to be nice, I'd say check in monthly with them to ask the status of your complaint. But I'm not, so do it weekly.

    adam


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Well I just sent off my submission, I don't suppose anyone will get an actual response from ComReg on these but at least they can't go on keeping their head in the sand and claimimg ignorance.

    "Q 1. Do you agree with the scope of ComReg’s review of the retail fixed
    narrowband access markets? Please elaborate your response."

    I agree with ComReg's analysis presented in section Three of Consultation 04/94. I would however like to bring attention to the following:

    From 3.5:
    "ComReg is considering a connection to the public telephone network which is capable of allowing a user to make and/or receive....data communications at rates sufficient to permit functional internet access."

    And from 3.16:
    "Analogue exchange lines. This provides a single channel, originally designed to provide voice traffic but capable also of supporting fax and data modems with speeds of up to 56 kbit/s. In Ireland, this is the predominant form of access"


    It is clear that the required minimum quality for a connection is one capable of supporting dial-up internet access at a speed of up to 56kbit/s and also capable of supporting fax transmissions.

    Since the predominant form of internet acces in Ireland is through diall-up connections, it is crucial that this is available to all and hence Comreg must enforce the 2002 EU USO Directive, and also clearly define a minimum data rate over analogue lines. This minimum rate should be no less than half of the physical limit for analogue lines, i.e. half of 56k which is 28kbit/s. This is the minimum rate at which most internet services are usable, anything below this could not be considered functional.

    This is the only way that the position outlined in paragraph 3.5 can be achieved and will also help to bring Ireland into line with the rest of Europe and the developed world. The current situation is that the incumbent operator, who own 99% of analogue lines and hence control most of the country's access, is permitted, and does by policy, tell it's subscribers that it is under no obligation to provide any kind of data communications service as part of it's basic telephone service. This effectively denies access to any kind of modern comminications services such as fax and internet.

    I thank you for your attention in this matter.

    Yours, blah blah blah,
    Thanks to seamus for supplying the template for my plagiarism :)


  • Registered Users Posts: 4,290 ✭✭✭damien


    Actually can anyone that's sending in an email to ComReg also send a copy of the same email to info@irelandOffline.org unless you have issues with privacy. It'll be nice to track the number of submissions.


  • Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    I forwarded mine on to you for your records.


  • Registered Users Posts: 1,109 ✭✭✭De Rebel


    In response to
    Based on what I said above about not wasting time re-defining the already defined, are there clear definitive statements from elsewhere that we could quote them? Not paragraphs of endless academic hot air, a simple list of countries where functional internet access has already been defined. And give that to ComReg.
    Muck said
    Ofcom have done it in the UK , 28.8k


    Is that it then? 1 country in the world has defined functional internet access. If that’s the case, we have a lot of work ahead of us. ComReg ain't exactly known for ground breaking.

    If not, and if you know of any other definitions, lets hear about them. The committee is trying to formulate a response.


  • Closed Accounts Posts: 1,144 ✭✭✭eircomtribunal


    De Rebel wrote:
    lets hear about them. The committee is trying to formulate a response.

    Then Danish regulator in 1996 (!) laid down these USOs. From this document.
    (He also reduced the ISDN rental pricing.
    I know it is not strictly in the context of defining Functional Internet Access, but it defines it nevertheless. If you can get ISDN, you can practically get dsl as well.)

    "universal service obligation

    In the summer of 1996, rules were laid down for the purpose of ensuring that all users of telecommunications have access to a basic product range of telecommunications services at predetermined, cost-based and non-discriminatory maximum prices.

    USO services
    The universal service obligation refers to a set of standard telecommunications services that private users will ordinarily ask for or must be expected to ask for the near future.


    The universal service obligation in Denmark
    The universal service obligation in Denmark comprises provision to all, on non-discriminatory terms and conditions, of the following telecommunications services:
    • a telephony network with an associated telephony service
    • an ISDN network and the associated ISDN services
    • leased lines, except broadband circuits"

    P.


  • Closed Accounts Posts: 1,144 ✭✭✭eircomtribunal


    De Rebel wrote:
    The committee is trying to formulate a response.
    The deadline to respond to Comreg's decision to fix Irish Local Loop Unbundling (ULMP) at the mad price of € 14.65/month (the second highest in Europe, at a time when OFCOM are just reducing LLU prices by 70%; naturally already welcomed by Eircom), for the next three years is the 28th of September.
    Even a very brief response by Irelandofflline would be appropriate in my opinion. The Comreg doc is here
    This is a devastating Comreg decision for a country like Ireland that has no cable competition to dsl. Comreg are completely out of touch with economic and competition realities.
    Comreg do some impressive public algebraic **** while staring at the price of the footrests of telephone poles to arrive at the €14.65 price, completely forgetting:
    1. to figure into the price the colossal competitive advantage Eircom achieved with delaying LLU for several years by now
    2. their remit to bring Irish Broadband usage and availability up to the EU-15 average by mid 2005

    P.


  • Registered Users Posts: 142 ✭✭Morgoth


    De Rebel wrote:
    In response to
    Muck said

    Is that it then? 1 country in the world has defined functional internet access. If that’s the case, we have a lot of work ahead of us. ComReg ain't exactly known for ground breaking.

    If not, and if you know of any other definitions, lets hear about them. The committee is trying to formulate a response.

    Germany has universal ISDN access as far as I know, i.e. there are no POTS phone lines. So 64k.

    I'll formulate a response to the consultation paper a little later on, when's the deadline, 15th October someone said? Or did I misread.

    edit: 5:30pm 13th October. =)


  • Registered Users Posts: 6,007 ✭✭✭Moriarty


    Quoted is Ireland Offline's response to the proposed ULMP pricing for eircom.
    It is the view of Ireland Offline that the proposed ULMP pricing of EUR14.65 per month is excessive and a major hindrance to meaningful competition. The proposed price will continue to make Ireland one of the most expensive countries in the EU for ULMP access. It is remarkable in the current climate of prices being significantly reduced yet further in many EU countries that ComReg feel a price reduction to EUR14.65 will have any meaningful impact on the dire state of the market at the present time.

    ComReg’s decision flies in the face of UK regulator OfCom in particular who recently directed the reduction of LLU pricing by 70% to bring the UK into line with the majority of the EU and kick-start meaningful use of LLU by other licensed operators. Pricing is central to the demand for LLU in any market and with the proposed price by ComReg for ULMP Ireland will continue to lag behind our EU neighbours and fall further behind in OECD rankings.

    Further, it is the view of Ireland Offline that ComReg is taking a retrograde view of LLU in general. It has been noted by numerous regulators across the EU and further afield in Japan and S. Korea that low cost, effective LLU services can quickly increase competition to the benefit of the consumer and business. This apparent policy by ComReg to stifle LLU seems to be in direct contradiction of its wider remit to bring Ireland's broadband usage and availability up to the EU-15 average by mid 2005.

    Ireland Offline calls on the regulator to review its ULMP pricing downwards significantly so that the LLU market can be properly stimulated in the hope of increasing competition in the broadband sector.


    Regards, etc
    Ireland Offline

    All submissions have to be in 5:30 this evening, so there's still time for people to send in their own thoughs on the subject to samantha.mooney@comreg.ie, clearly marking the email "Reference: Submission re ComReg 04/91".


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  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Got confirmation of receipt of my submission for 04/94 btw....


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