Winback activities prohibited under EU Access Directive since July 2003

spongebob

But only in the UK . Although the same directive is applicable here Comreg don't appear to be as clear about its meaning as Oftel (Ofcom now) their counterpart in the UK .

We had a similar problem with the USO directive. Oftel defined Functional Internet Access at 28.8k while Comreg were adamant it was 0k

M

Ripwave

Originally posted by Muck
But only in the UK . Although the same directive is applicable here Comreg don't appear to be as clear about its meaning as Oftel (Ofcom now) their counterpart in the UK .

I just has a quick scan of the directive and I can't see anywhere that it explicitly bans winback, but it definitely requires Member States to provide powers to the "national regulatory authority" that ComReg certainly either doesn'thave or isn't using

These two sections in particular caught my eye:

The regulatory intervention may be relatively light, such as an obligation that prices for carrier selection are reasonable as laid down in Directive 97/33/EC, or much heavier such as an obligation that prices are cost oriented to provide full justification for those prices where competition is not sufficiently strong to prevent
excessive pricing.

and

1. A national regulatory authority may, in accordance with the provisions of Article 8, impose obligations for accounting separation in relation to specified activities related to interconnection and/or access.

In particular, a national regulatory authority may require a vertically integrated company to make transparent its wholesale prices and its internal transfer prices inter alia to ensure compliance where there is a requirement for non-discrimination under Article 10 or, where necessary, to prevent unfair cross-subsidy. National regulatory authorities may specify the format and accounting methodology to be used.

query

The rate for functional internet access has not yet been set, its not 0!

As for this story, this stops the passing of information between the retail and wholesale arms. This has been illegal in Ireland for some years and contact is, limited to one standard letter.

dahamsta

Originally posted by query
The rate for functional internet access has not yet been set, its not 0!

That's a political argument, the kind we've heard from David "Pants On Fire" McRedmond and John "Excuses" Doherty. In case you hadn't noticed, people don't want political arguments around here, they want plain english answers. So, if a rate hasn't been set, it's effectively the same as having no rate. No rate equals 0. QED.

adam

spongebob

It was 2400 up to end July 2003 (6 months ago) . It was decided to drop the 2400, nothing was inserted in its place.....quite explicitly may I add.

Instead €ircon will be required to "Develop a Public Statement" . There is no sign of this despite €ircon having been told to submit performance data 3 months back (late october) .

Nothing = 0
0 = Nothing

Functional Internet Access Speed in Ireland = 0k

M