IrelandOffline LLU FOI Request

damien

Just so you all know, IrelandOffline made a Freedom of Information request to ComReg in regards to Local Loop Unbundling.

Today we collected 800 pages of documentation from the regulators office. This still may not be the grand total as we are waiting to see whether further documentation gets released. We will shortly start going through this documentation and may need your help to sort it all out.

This is one of a few FOI requests we have made from ComReg and other sources and we will inform you of these as they are processed. Just so you know that while the initial request costs €15 , you still get charged €30 per hour for someone to work on this request and 4 cents per sheet photocopied. So this request cost us €199.68 in total.

dahamsta

Set up a PayPal account Damien, I still owe ye a donation and I'm sure others would like to make a donation too. I'd offer the use of mine but it's tied to a business account.

BTW, I think the FOI route is a great way forward that'll work to everyone's advantage in the long run, including some of our "enemies". Well done on the requests.

adam

damien

This is the letter we got granting the request by the way. I have to go on record and state that the FOI people in ComReg are an exceptionally helpful bunch of people and have been really patient with all our queries.

I refer to the request which you made under the Freedom of Information
Acts 1997 and 2003 for access to records held by the Commission.

As a decision maker delegated by ComReg under Section 4, FOI Act, 1997 I
have made a decision on your request, dated 31/08/2004 for “all
documents (records and correspondence) related to the draft decision to
fix eircom's charge for Local Loop Unbundling (LLU). Copies of all
internal and external communications involving Local Loop Unbundling
since 2002. This includes any discussions with Eircom on this matter.
Communications with any consultants involved in the LLU pricing. Details
of costs of consultants used in the LLU draft decision process. Details
(dates and duration) of any meetings with eircom and consultants to
discuss the
LLU pricing. A list of all ComReg staff members involved in the decision
making and what their roles were.”

I have included a schedule of all relevant records relating to the
issuing of the draft direction fixing the rental price of the eircom
ULMP product since the end of 2002. A list of the staff involved in the
project does not exist, but you will be able to see the individuals
involved from the correspondence.

In response to your request, I have decided to grant your request to
some records or parts of records, and to refuse it as to others.

Blaster99

I'll happily donate something towards the cause as well. If you want to PM me details I can send a cheque or setup a Paypal account (if you can take the money out in Ireland which wasn't the case before).

Something I've wondered about for a while, you know Eircom had to give ComReg a bunch of reports about the state of the network and their plans for improving it. ComReg haven't published these. I think they consider them confidential because they're in the process of negotiating with Eircom and have been doing that for at least a year. I've been very tempted to hit them with a FoI request. Is that likely to succeed or are my FoI rights limited to whatever they feel like giving me?

Blaster99

The exact numbers of line failures would fall into this category too I believe.

damien

Blaster99 wrote:

I think they consider them confidential because they're in the process of negotiating with Eircom and have been doing that for at least a year. I've been very tempted to hit them with a FoI request. Is that likely to succeed or are my FoI rights limited to whatever they feel like giving me?

A lot of the time they will have to consult with the telco involved and ask them their opinions on releasing the information. They will consider the Telco's opinion and come to their own decision. A lot of time they will not release information as it is commercially sensitive and would damage the business of the telco (allegedly).

There is a method of appeal where you send in €75 and they will re-examine their decision. If they turn it down you go to the Information Commissioner and pay them more money for your appeal (€150) and they'll make the final decision. No appeals after that. Some appeals can take up to 2 years apparently.

damien

This is another one of our FOI requests but this one was turned down. If anyone wants to read the 8 pages of reasons of why we were turned down I can always post them in another thread.

I refer to the request which you made under the Freedom of Information
Acts 1997 and 2003 for access to records held by the Commission.

As a decision maker delegated by ComReg under Section 4, FOI Act, 1997 I
have made a decision on your request, dated 03/09/2004 for “…the Budgets
for ComReg since 2002. Specifically I'm looking for the amount spent on
staff wages The amount spent on outside consultants (a break down of
various projects they did, or reports they did and the costs) The amount
spent on outside lawyers (and for what legal cases if possible)”.
Subsequently, you clarified the scope of the request was limited to “the
financial year starting 1st July, 2002”.

In response to your request, I have decided to refuse your request.

damien

We sent in this request around the start of September:

"I require all line failure data (dsl) as supplied by Eircom to ComReg since Sept 2002.

All related correspondence internally and externally about line failure data.

Everything (emails, communications, notes, meetings, memos, statements etc) related to the monitoring activity mentioned in pg 22 * of ComReg document 03/08 "Future Delivery of Broadband in Ireland"

Documents listing the steps taken as a result of the monitoring activity.

Details (dates, times, emails, reports, letters) of communications between ComReg and the Dept of Communications where line failure rates were mentioned to the Government."

Today it was answered.

ComReg have decided to partially release some documents relating to our request. However since all documents are communications with Eircom they have to give dibs to Eircom. Eircom can appeal the release. They have 2 weeks to do so. Anyone want to bet they won't ?

If they appeal it goes direct to the Information Commissioner. I rang them for an estimate of time. They told me an appeal will take 4 months or more.

I will list out the documents that they wish to partially release to us. It's interesting in itself even if we can never see the content.

doc 01. 1 Page Date:22/03/04 Email from Comreg to Eircom
doc 02. 1 Page Date:10/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 03. 1 Page Date:18/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 04. 1 Page Date:11/03/04 - 16/03/04 Series of Emails between Comreg & Eircom
doc 05. 1 Page Date:11/03/04 Emails from Comreg to Eircom
doc 06. 1 Page Date:10/03/04 Series of Emails between Comreg & Eircom
doc 07. 5 Pages Date:15/08/03 Email and attachment from Eircom to Comreg
doc 08. 4 Pages Date:25/07/03 Email and attachment from Eircom to Comreg
doc 09. 3 Pages Date:25/07/03 Series of Emails between Comreg & Eircom
doc 10. 2 Pages Date:25/07/03 Email from eircom to ComRreg
doc 11. 2 Pages Date:02/07/03 - 03 /07/03 Series of Emails between Comreg & Eircom

**Finally, on a separate matter, ComReg notes with interest the comment made regarding the reported non-availability of ADSL on many lines, including those servicing modern apartment blocks in the Dublin area. Whilst ComReg appreciates that some telephone lines may not be suitable for DSL services on account of the distance of the customer’s premise from the exchange, or particularly in rural areas, the presence of ‘loading coils’ and ‘bridge taps’ in the local loop, ComReg is concerned to hear reports of a disproportionate level of line test failures in urban areas, where distance is generally less of an issue and degradations in the local loop would not usually be expected. ComReg intends to continue monitoring this situation and will follow up with eircom if necessary.

jwt

Surely ComReg knows the exact line failure rate as passed on by Eircom?

So either it is acceptable and no further work or it's not and requires action

Why do they need to monitor the situation?

And what parts of these emails have been passed to the DMCNR?
Or more importantly which information hasn't???????



John

Paddy20

That reply is most certainly encouraging. Keep turning the screw Congratulation's, as dear old Cliff Richard used to sing !. The oldie's will remember ? .

P.

De Rebel

damien.m wrote:

We sent in this request around the start of September:



Today it was answered.

ComReg have decided to partially release some documents relating to our request. However since all documents are communications with Eircom they have to give dibs to Eircom. Eircom can appeal the release. They have 2 weeks to do so. Anyone want to bet they won't ?

If they appeal it goes direct to the Information Commissioner. I rang them for an estimate of time. They told me an appeal will take 4 months or more.

I will list out the documents that they wish to partially release to us. It's interesting in itself even if we can never see the content.

doc 01. 1 Page Date:22/03/04 Email from Comreg to Eircom
doc 02. 1 Page Date:10/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 03. 1 Page Date:18/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 04. 1 Page Date:11/03/04 - 16/03/04 Series of Emails between Comreg & Eircom
doc 05. 1 Page Date:11/03/04 Emails from Comreg to Eircom
doc 06. 1 Page Date:10/03/04 Series of Emails between Comreg & Eircom
doc 07. 5 Pages Date:15/08/03 Email and attachment from Eircom to Comreg
doc 08. 4 Pages Date:25/07/03 Email and attachment from Eircom to Comreg
doc 09. 3 Pages Date:25/07/03 Series of Emails between Comreg & Eircom
doc 10. 2 Pages Date:25/07/03 Email from eircom to ComRreg
doc 11. 2 Pages Date:02/07/03 - 03 /07/03 Series of Emails between Comreg & Eircom

Very Very interesting. The situation is obviously much worse than we feared when we submitted this FOI request.

03/08 is dated 21st January 2003 and according to the ComReg website was published on 24th January 2003. 5 of those documents span a two month period July/August 2003, and the remainder date from March 2004. So either Comreg pretty much sat on their hands doing absolutly nothing for 13 of the 16 months since 03/08 was published or they are holding back all documents relating to 13 months of activity. It is of grave concern that there are no documents whatsoever other than e-mails going back and forth between Comreg and eircom. No independent monitoring reports, no conclusions or recommendations, no internal documents, no correspondence with the DCMNR, no correspondence with Ira Magaziner and SJS, no correspondence with the Oireachtas Joint Committee. Nothing.

While the appeals process could of course yield results, it appears to me that we should escalate this matter immediately. If it is that case that despite being concerned by the disproportionate level of line test failures Comreg has neither taken any effective action or reported the matter "upstairs" to the DCMNR, then clearly they are in dereliction of their duties and somebody else must take the decisive action which is so obviously necessary.

This is probably the clearest indication yet that Comreg as currently constituted are not up to the job. Clearly, given the appalling contempt which Comreg and in particular John Doherty have shown towards IrelandOffline there is little point in further attempts at engagement.

It is now up to us to highlight this to all who will listen. The press, the media, the opposition and of course the Minister and the DCMNR.

Enough is enough. It becomes clearer by the day that Comreg are part of the problem not part of the solution. This inaction (and indeed incompetence) needs to be taken into the public arena. There is far too much at stake to allow this timewasing to continue indefinitly.

dahamsta

damien.m wrote:

This is another one of our FOI requests but this one was turned down. If anyone wants to read the 8 pages of reasons of why we were turned down I can always post them in another thread.

I'm interested but that /that/ interested. Any chance of a summary?

adam

Paddy20

De Rebel is of course correct, again.

How much longer is our Government going to allow Eircom to continue dragging Ireland to the very bottom of the International Telecommunications infrastructure and services league ?... :mad:

P.

damien

damien.m wrote:

doc 01. 1 Page Date:22/03/04 Email from Comreg to Eircom
doc 02. 1 Page Date:10/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 03. 1 Page Date:18/03/04 - 19/03/04 Series of Emails between Comreg & Eircom
doc 04. 1 Page Date:11/03/04 - 16/03/04 Series of Emails between Comreg & Eircom
doc 05. 1 Page Date:11/03/04 Emails from Comreg to Eircom
doc 06. 1 Page Date:10/03/04 Series of Emails between Comreg & Eircom
doc 07. 5 Pages Date:15/08/03 Email and attachment from Eircom to Comreg
doc 08. 4 Pages Date:25/07/03 Email and attachment from Eircom to Comreg
doc 09. 3 Pages Date:25/07/03 Series of Emails between Comreg & Eircom
doc 10. 2 Pages Date:25/07/03 Email from eircom to ComRreg
doc 11. 2 Pages Date:02/07/03 - 03 /07/03 Series of Emails between Comreg & Eircom

The above documents which ComReg were going to partially release to us are now tied up in an appeals process with the Information Commissioner. eircom appealed the release of these documents. This means it will take at least 4 months before a decision is made to release these documents to us.

Moriarty

I'm shocked and surprised.

Honest.

spongebob

Comreg might have us back on FIA at 2.4k by then.....who knows

M

Paddy20

I am neither shocked nor surprised!.

P.