SmartTelecom, Eircom & ComReg Debacle - My Letter of Complaint

JJDoherty

Here is what I have sent:

Minister Dempsey,

I am writing to you in your capacity as minister of communications. It is with great concern that I have been observing events unfold over the past week involving SmartTelecom, Eircom and the communications regulator ComReg and in particular the removal of services from 45,000 SmartTelecom customers by Eircom. I would like to state from the start that I have no connection with SmartTelecom, Eircom or any other telecommunications company, beyond the fact that I have been a customer of SmartTelcoms broadband service for the past 12 months.

I would like to register my disappointment as to how this whole situation has been handled by all parties especially ComReg. While SmartTelecom are at fault for possibly failing to structure their finances properly, the main issue that this debacle has highlighted is how Eircom have been allowed to throttle a competitor and hence their customers through the wholesale disruption of their services, acting unilaterally, without a court injunction or reference to any regulatory body. The most worrying aspect of this removal of services is that emergency service numbers could not be guaranteed to many SmartTelecom customers. You, minister, have failed to provide ComReg with the necessary powers to protect the consumers before, during or after these events. I am fully aware that you and your department along with ComReg are currently looking to introduce legislation to remedy this situation but this strikes me as shutting the stable door after the horse has bolted.

It must also be pointed out that, as minister responsible for the industry, you have failed to provide ComReg with any real powers to act against Eircom in any fashion to date. This has enabled Eircom to maintain their dominant monopolistic position and their on-going obstruction of LLU unbundling, refusal to co-operate with the development and implementation of telephone number portability and charging of the highest line rental in Europe. Eircom's obstructionist policies have not only prevented SmartTelecom from developing a foothold in the marketplace but any other company from doing so as well.

There is a growing feeling that there is a considerable lack of political will within the current government to help ComReg fulfil it's remit, as outlined on their own website, of enabling "competition in the communications sector by facilitating market entry through a general authorisation to provide networks and services and by regulating access to networks so as to develop effective choice for consumers both business and residential.”

I would urge your office to examine the ongoing situation in some detail, especially with regard to introducing true, fair and free market conditions to enable the telecommunications market to flourish as it should. Meanwhile I eagerly await your reply on what steps you and your department propose to take to resolve all the issues I have highlighted here.

Yours Sincerely,

Joe Bloggs.

And who I have sent it to:
noel.dempsey@oireachtas.ie (You know who he is!)

And CC:
Isolde.Goggin@comreg.ie (Chairperson of the Commission - ComReg)
tom.butler@comreg.ie (Public Affairs Manager - ComReg)
bernard.durkan@oireachtas.ie (Fine Gael)
eamon.gilmore@oireachtas.ie (Labour)
eamon.ryan@oireachtas.ie (Green Party)

art

This is an excellent letter, well done. I'll try put together a variation on it myself some stage soon. The more of us that raise the issue the better, it has been shocking how things have been allowed slip this far that even emergency phone calls could not be made by some Smart subscribers

Blackdragon

I copyed your letter,changed it around just a little bit,signed my name to it and sent it off to the email addresses you were kind enough to provide:D

Jor

Very well done.
I fully agree with what you have said but would have been absolutely useless at trying to write such an eloquant and to-the-point letter, myself.

arikv

JJDoherty wrote:

Here is what I have sent:

Minister Dempsey,

I am writing to you in your capacity as minister of communications. It is with great concern that I have been observing events unfold over the past week involving SmartTelecom, Eircom and the communications regulator ComReg and in particular the removal of services from 45,000 SmartTelecom customers by Eircom. I would like to state from the start that I have no connection with SmartTelecom, Eircom or any other telecommunications company, beyond the fact that I have been a customer of SmartTelcoms broadband service for the past 12 months.

I would like to register my disappointment as to how this whole situation has been handled by all parties especially ComReg. While SmartTelecom are at fault for possibly failing to structure their finances properly, the main issue that this debacle has highlighted is how Eircom have been allowed to throttle a competitor and hence their customers through the wholesale disruption of their services, acting unilaterally, without a court injunction or reference to any regulatory body. The most worrying aspect of this removal of services is that emergency service numbers could not be guaranteed to many SmartTelecom customers. You, minister, have failed to provide ComReg with the necessary powers to protect the consumers before, during or after these events. I am fully aware that you and your department along with ComReg are currently looking to introduce legislation to remedy this situation but this strikes me as shutting the stable door after the horse has bolted.

It must also be pointed out that, as minister responsible for the industry, you have failed to provide ComReg with any real powers to act against Eircom in any fashion to date. This has enabled Eircom to maintain their dominant monopolistic position and their on-going obstruction of LLU unbundling, refusal to co-operate with the development and implementation of telephone number portability and charging of the highest line rental in Europe. Eircom's obstructionist policies have not only prevented SmartTelecom from developing a foothold in the marketplace but any other company from doing so as well.

There is a growing feeling that there is a considerable lack of political will within the current government to help ComReg fulfil it's remit, as outlined on their own website, of enabling "competition in the communications sector by facilitating market entry through a general authorisation to provide networks and services and by regulating access to networks so as to develop effective choice for consumers both business and residential.”

I would urge your office to examine the ongoing situation in some detail, especially with regard to introducing true, fair and free market conditions to enable the telecommunications market to flourish as it should. Meanwhile I eagerly await your reply on what steps you and your department propose to take to resolve all the issues I have highlighted here.

Yours Sincerely,

Joe Bloggs.

And who I have sent it to:
noel.dempsey@oireachtas.ie (You know who he is!)

And CC:
Isolde.Goggin@comreg.ie (Chairperson of the Commission - ComReg)
tom.butler@comreg.ie (Public Affairs Manager - ComReg)
bernard.durkan@oireachtas.ie (Fine Gael)
eamon.gilmore@oireachtas.ie (Labour)
eamon.ryan@oireachtas.ie (Green Party)

I wrote one myself and sent to Eircom's CEO CCing all of those respected people.

torrid

If any of you recieve any replies of not could you please post them here.

Dowee

Can you give me Eircom address, I've been looking for it myself.

arikv

Dowee wrote:

Can you give me Eircom address, I've been looking for it myself.

Sure, it's: Paul Tollman (ptollman@eircom.net)

Trojan

Is it just me, or is that letter being very nice to ComReg?

It has appeared to some observers that ComReg have acted in a less than objective manner during the course of the last week.

steveland?

ComReg don’t have any power or remit [...]

Even out of context that says a lot doesn't it...

Sponge Bob

pauldave wrote:

I made a formal complaint to comreg regarding eircoms abuse of position when they disconnected my incoming calls (i am a smart BB customer.) then followed me up by calling me at work to try get me to connect back with eircom.
and here's the reply i got

But you are not even a customer of eircom , what effect will this complaint have and to whom should your make it did she say ???

cgarvey

Reply to her asking to whom should you make a complaint given that you're not a customer of theirs?

Also, ComReg have the power to fine, but have chosen not to exercise that right, ever.

Sponge Bob

mail your complaint to the data protection commissioner and cc her , you will get a literate answer fairly sharpish .

Ardent

My email to Comreg:

To whom it concerns,

I am a Smart customer. The service I received from them over the last 12 months was a delight and excellent value for money.

I just want to express my anger with you over the Eircom/Smart fiasco - you are the quite possibly the most toothless and incompetent regulatory body in existence. It beggars belief in this day and age that a telecommunications company like eircom could be allowed to disconnect 45,000 customers overnight over a payment dispute.

I feel sympathy for Smart. You commission has been an obstacle at every turn for them - from number portability and Local Loop Unbundling issues to the recent 3G license debacle. Nice work on behalf on Eircom - you're doing a good job making it impossible for any genuine competition to survive in the telecommunications sector. It's little wonder Smart were unable to achieve the subscriber base they needed.

At the end of the day, it's us, the consumers, who suffer yet again from this. We continue to be ripped-off by monopolies for sub-standard services while token regulatory bodies such as yours stand idly by. I'll be writing to the media and voting in the next election in an effort to do my part to ensure a shake up of your organisation.

I got a lengthy, weasely reply which I'll post up this evening if anyone's interested.

randomname

I wouldnt mind seeing the weasely reply.

delop

Now im far from an expert, and im sure it has been discussed, but does it stick in anyone craw that For decades when Eircom was P&T ==> Telecom Eireann (semi State if i remember rightly) Our parents and Grandparents tax pounds went towards creating the infrastructure, the copper, and the government sold it out from under us, I know there were shares and all that..

But how near sighted was that, Would smart have had the problems they did if this was not done.

I say take it back off them, use some of those suprise extra Tax euros take it back off eircom its causing so many problems, and probably more in the future...

steve-o

Smart's problems are partly Eircom and Comreg's doing (ridiculous LLU environment), but mostly self inflicted (chronic overspending).

I doubt the outcome would have been different if the local loop was a state-owned monopoly instead of a privately-owned monopoly.

Either way, Eircom needs to be properly regulated to protect consumers and ensure a fair market for telcos.

art

steve-o wrote:

Smart's problems are partly Eircom and Comreg's doing (ridiculous LLU environment), but mostly self inflicted (chronic overspending).

I doubt the outcome would have been different if the local loop was a state-owned monopoly instead of a privately-owned monopoly.

Either way, Eircom needs to be properly regulated to protect consumers and ensure a fair market for telcos.

Why did Smart's main business plan fail leading to recent re-structuring?
- They didn't get expected numbers of customers.
What was one of the most significant contributions to that event?
- Lack of portability of phone Numbers.
Why was there no portability of numbers, there is in the mobile market afterall?
- Cause Eircom are arseholes who simply refused to co-operate
How come Eircom are allowed be such arseholes?
- Cause ComReg are pants.

Ultimately, the cause comes down to ComReg and, I suppose, by saying that, the cause lies really at those legislators who sat back and watched such ignorant impotence in action!

watty

But Smart knew this was and would continue to be the case when they launched.

art

watty wrote:

But Smart knew this was and would continue to be the case when they launched.

I don't think anyone thought it would "continue to be the case" - or at least I'd be surprised if they did. It's a ludicrous situation that there is portability of number in the mobile market and not in the landline market and something that a body like ComReg should have sorted well before now. It is an obvious hamper to the aimed for "free market" etc

Ardent

The weasely reply:

Many thanks for your email.

You have brought up some very important points and I hope the following clarifies the situation for you.

The issue at hand is the breaking of a contractual commercial agreement between Eircom and Smart. It was widely known and reported in the press that Smart broke their contract with Eircom 19 different times and owed approximately €4m to Eircom. It was because of this debt issue that Eircom withdrew service to Smart and its customers. Eircom made numerous threats to withdraw service but none were actioned until last Monday. ComReg were an invidious position as a result.


Because the ongoing difficulties were of a contractual and commercial nature, ComReg legally could not make any comment in advance as doing so would and could expose the regulator. Comreg has no remit in the area of commercial contracts made between operators. Smart agreed to the terms set out by Eircom in this agreement and therefore was liable for any
actions carried out as a result of this breach.



ComReg on Tuesday 3rd brokered a deal that enabled a basic telephone service to be returned to most of the affected customers within three days and since then has been engaged in discussions with all parties to try and remedy the situation. We are keen to ensure that all consumers who experienced difficulties have their services returned as quickly as possible.



I have logged your comments on our system with a reference number: xxxxx.



Kind Regards,

JNive

currently, operators draw up their various agreements, sign them etc. comreg say 'nice one'

However should there be a dispute or breach etc, comreg are powerless, as they arent a regulator but an observer really, who reports things, but cant do anything.

All commercial contracts between telcos involving infrastructure and transfer of clients should be drawn up by Comreg, or at least in conjunction with them, and under their supervision.

Comreg should also sign such agreements, and should a breach occur, the matter should rest on Comreg to mediate.

JJDoherty

Well the latest news with regard to my original letter is that I have received the grand total of one reply from Bernard Durkan of Fine Gael! Rather disappointing but to be expected and quite frankly I not surprised that our minister (or one of his secretaries) did not even have the courtesy to at least sent an accowledgement of receipt of my complaint.

Anyway here is what was said in the one reply I did received:

Dear James,

Thank you for your e-mail. I will follow this issue further on your
behalf.

I also enclose herewith press statement which I have recently released
regarding same.


Bernard J. Durkan T.D.
Fine Gael Spokesperson on
Communications & Natural Resources

Fine Gael National Press Office
Press Statement
……………………………………………………………………………….……………………
Wednesday 4th October 2006

Standing up for consumers and protecting the economy; ‘It’s not
Magic, It’s
just Smart’ - Durkan

While welcoming the news that Smart Telecom’s narrowband customers are to
be reconnected following the disgraceful disconnection of over 40,000
telephone lines on Monday evening, Fine Gael Spokesperson on Communications
and Natural Resources, Bernard Durkan TD has called for a sea change in
regulation of the telecoms sector as vital for the future of our economy.

“Looking beyond the huge inconvenience caused to Smart Telecom’s 45,000
customers, the implications of Monday’s events for the Irish economy are
huge.

“For one thing, it is highly unlikely anyone seeking to enter the telecoms
sector will be able to secure the capital for such a venture. This will
inevitably lead to a reduction in the potential for growth in the sector
and will have a knock-on effect on jobs.

“Outside the telecoms sector, Ireland Inc has clearly taken a knock. Anyone
observing the mass disconnection of telephone lines will be of the opinion
that such an occurrence is like something that happens in a Banana Republic
and not in a dynamic, knowledge-led economy. I am convinced that the
perception of a dysfunctional telecoms market (which is clearly the case)
will damage our efforts to attract foreign investment.

“And for consumers in general, the real danger is that ‘consumer
inertia’
will become even more deep-rooted and they will view Eircom as the only
safe bet for an uninterrupted telephone service. This will lead to even
less competition and upward pressure on prices.

“This is where the Communications Regulator must play a pro-active role.
This week has not been ComReg’s finest hour and the defensive attitude
taken by Commissioner Goggin on radio this morning must not become the
norm.

“I am calling on ComReg to redouble their efforts to take on Eircom’s
dominance in the market, provide consumers with more information on their
options and take direct steps to ensure mass disconnection never happens
again”.

........................................................
Sinéad Fennell,
Press Officer,
Fine Gael National Press Office,
Dáil Éireann,
Leinster House,
Dublin 2.

Tel: (01) 618 3379 (Direct)
Fax: (01) 618 4144 / 3
Mob: 086 6075266
Email: sinead.fennell@oireachtas.ie

cgarvey

pauldave wrote:

Considering comreg is a laughing stock of the international telecommunications industry and i understand your embarrassment of being identified as working for eircoms lapdog.

How do you honestly expect anyone (whether they have an alleged duty or not) to help you, if you treat them like that?

The ComReg employee has a right to not want their name posted in public. You don't have the right to publish it, without consent. What makes you think you have that right, given that you don't deem it appropriate to post your own name?

To the best of my knowledge, ComReg only have a duty to the DCMNR. Nobody here likes what they're doing, but that sort of correspondence doesn't help anyone, and is insulting to the ComReg employee who is simply doing their job.

Blaster99

If doing their job means collecting a salary, yes, they're doing an outstanding job. By any other measure they deserve all the abuse they receive. It's bad enough paying their salary, why is this employee wasting my tax money on browsing Boards?

probe

cgarvey wrote:

How do you honestly expect anyone (whether they have an alleged duty or not) to help you, if you treat them like that?

The ComReg employee has a right to not want their name posted in public. You don't have the right to publish it, without consent. What makes you think you have that right, given that you don't deem it appropriate to post your own name?

To the best of my knowledge, ComReg only have a duty to the DCMNR. Nobody here likes what they're doing, but that sort of correspondence doesn't help anyone, and is insulting to the ComReg employee who is simply doing their job.

Absolutely. If Comreg do anything annoying to "EMBARRASSED@comreg.ie", please let us know here, or PM me.

ComReg (and the way it is legally empowered) is a national scandal.
High time ComReg employees started to speak out - beginning at the top.

.probe

damien

You're some cretin. That person is not a spokesperson for ComReg. If you want a public comment then I suggest you talk to one of the press officers.

Saying that, good luck to her with the Data Protection Commissioner. They're as useful as ComReg but unlike the telecoms poodle these guys have been purposely handicapped by the Govt so they can't do their job properly.

dub45

Surely too we should welcome the fact that Comreg employees browse boards.ie?

By the way if any Comreg person is browsing this I am still awaiting my call back in relation to the complaint I made about Comreg's handling of the Smart issue:rolleyes: Am I being very optimistic in thinking that they are working through a long back log?:)

Esel

pauldave wrote:

...Might i suggest you read the entire thread ...
Do yourself a favor and look at the complete thread ...

OK, I have read the entire thread.

I note that whereas you removed your own name from the copies of the e-mails you sent to Comreg, you did not think it necessary to extend the same level of privacy/courtesy to the person who replied to you on behalf of Comreg. Double standards?

Be a man and either edit your posts to remove their name or ask a moderator to do so.

Also, the tone of your e-mails, if delivered in person at the front desk of Comreg, would probably result in you being escorted from the building.

smellslikeshoes

pauldave wrote:

Ms embarrassed
I can understand your embarrassment.
But your complaint holds no water and as your text at the bottom of your emails says

If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

You seem to be not noticeing the first half of that disclaimer.

The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. Access to this email by anyone else is unauthorised. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful.

Her complaint about posting it here seems perfectly legitimate.

As far as posting her name, stop being a muppet and edit it out, Just because she works for Comreg does not mean that she isnt a human being with a right to privacy.

Asok

Pauldaves posts have been removed and he has been banned from this forum for the foreseeable future. Boards.ie is not your personal soapbox.

JJDoherty

Thanks ASOK.

Can all posters please try and stick to the general theme of the thread, if you wish to discuss other aspects of this debacle then please post on an appropriate thread or create one to do so.

Bernard Durkan of Fine Gael is still the only person to have replied to my complaint. Will post here when/if this changes.

JJDoherty

I just received a letter from the ComReg chairperson, Isolde Goggin, today at lunchtime. The 2 page letter is dated 17th of October. In the first paragraph of the letter Ms. Goggin states that although my email was addressed to minister Noel Dempsey and CC'd to her, she felt she should respond.

It is a rather long winded affair that outlines the events leading up and after the withdrawal of services by Eircom from SmartTelecom and what steps ComReg took throughout. Information that I think at this stage most people, with an interest in these events, are fully aware of. It provides little else with regard to the main point I outlined in my email.

I do know that because of her position she is unable to offer an opinion as to the reasons that led to such a series of events or what measure should be taken by the minister with regard to freeing up the market but I was hoping to receive a reply that was slightly more "meaty" that the press release type of reply I did get.

I plan to reply to Ms. Goggin thanking her for the letter and I will have to scan the letter to post it here but as soon as I do, I will.

OFDM

JNive wrote:

However should there be a dispute or breach etc, comreg are powerless, as they arent a regulator but an observer really, who reports things, but cant do anything.

Who's fault is that? The Department's....

Blaster99 wrote:

If doing their job means collecting a salary, yes, they're doing an outstanding job. By any other measure they deserve all the abuse they receive.

Do you realise it's most likely the customer service team in comreg that are receiving all the abuse (via email and phone calls)? Almost certainly, they only pass on the complaints on to the relevant people who don't get the full whack of your outrage...

Sadly that scum of a company Eircon were fully within their legal rights to remove service from Smart. That's what happens when you don't pay the bills. What are comreg supposed to do about it when the minister hasn't given them the powers to do what everyone want them to do?

Moriarty

Off-topic posts moved to the recycle bin.

Please stay on topic. Any issues with the moderation of this forum should be brought up on the Feedback forum.

dahamsta

Surely the issue here isn't that Smart customers were cut off, but the blatant and arguably illegal preference ComReg demonstrated towards Eircom during this fiasco? If it's not illegal, it's unethical in the extreme, and another clear example that ComReg is plainly Eircom's bitch.

Concentrating on the contractual problem is playing right into their hands imho.

adam

dub45

dahamsta wrote:

Surely the issue here isn't that Smart customers were cut off, but the blatant and arguably illegal preference ComReg demonstrated towards Eircom during this fiasco? If it's not illegal, it's unethical in the extreme, and another clear example that ComReg is plainly Eircom's bitch.

Concentrating on the contractual problem is playing right into their hands imho.

adam

It will be very interesting to see if there is any follow up by Comreg to Eircom's winback behaviour in the immediate aftermath of the cut off.

dahamsta

ComReg was effectively handing customers over to their chum with no reference or acknowledgement of the competition, it doesn't seem likely. Anyway, what are they going to do, call them naughty and tell them not to do it again, again?

ComReg is useless, and incapable of change. It needs to be torn apart. The overpaid idiots in charge will end up working for the industry anyway, just a bit earlier.

IrelandOffline should be regulating this industry in Ireland. A bit of asskicking is needed if we want to improve on our current laughing stock status.

adam

JJDoherty

No surprise here, still no response to my letter from minister Noel Dempsey. Not holding out much hope for, what must be viewed as, my rather insignificant letter! Hey I'm not important, no large political donations to make, after all I'm only a concerned citizen and voter. Mind you, what can you expect from someone who has massively mis-handled all aspects of the telecommunications industry and its regulation!

Slightly pi**ed, still! :mad:

JJDoherty

I'm afraid I have been unable to scan the letter I received from ComReg chairperson Isolde Goggin to date but I do hope to do so soon.

With great surprise I received an email from Brendan Durkan, Fine Gael spokesperson on Communications & Natural Resources, on Tuesday the 14th who followed up on my original email to Minister Dempsey with a request for information regarding the whole SmartTelecom/Eircom mess. He received a letter from the minister and forwarded it on to me. The minister does not say anything new or in fact say much of anything, as would be expected, just the usual "political speak" and excuse making.

I have still not received any direct correspondence in reply to my original email from anyone including the minister apart from those already mentioned. I have asked if Mr. Durkan could following up on my behalf and push for answers to the substantive issues which I highlighted in my original email, including LLU, number portability and great regulatory powers for ComReg.

I will post here again if I received any further information, I will also attach
the letter that Minister Dempsey sent to Mr. Durkan in reply to his request for information later today hopefully.