[article]ComReg threatens Eircom with court action on LLU (again)

damien

ComReg threatens Eircom with court action on LLU
Ailish O'Hora

TELECOMS watchdog ComReg has threatened Eircom with High Court action unless it complies with a direction in relation to local loop unbundling (LLU).

The move came after Eircom made an appeal to the Electronics Communications Appeal Panel in relation to the issue.

ComReg has given Eircom until Friday morning to respond to requests from its competitors for developments to local loop products and processes. Local loop unbundling is the process of opening up the last mile of the incumbent's network to competitors, by giving them access to local exchanges.

ComReg has ordered Eircom on two earlier occasions to slash its charges and remove other restrictions to competitors by a deadline set for yesterday. Last night a spokesperson for Eircom said that ComReg had failed to note that the company had actually appealed the direction.

damien

We just released this PR:

Consumer group IrelandOffline this morning expressed their frustration with
the latest news that eircom has appealed a recent ComReg directive.

Speaking today spokesperson John Timmons stated "eircom's recent actions
speak louder than their shallow words. While they continue to spread the
myth that eircom wants to bring broadband to everyone, their application to
the Electronics Communications Appeals Panel shows what they really want is
to preserve their monopoly and do as much damage to potential competition
as possible while price gouging the consumer."

Eircom's appeal means that the ComReg ruling could be delayed by a number
of months, with the possibility of a protracted high court case if the
appeals panel doesn't rule in eircom's favour. This delay will further
confuse and delay the rollout of broadband which is already more than 3
years behind the rest of the EU and is increasingly becoming a factor for
investors to look at other countries in which to set up business.

Spokesperson Aidan Whyte added "This is the latest amongst a very long line
of delaying tactics by eircom and is a major disservice to the consumers
and taxpayers who funded and have paid many times over for the network
which eircom now refuse to open up to competition. For eircom to continue
to place obstacles in front of other operators trying to roll out broadband
is totally unacceptable."

Commenting on the Appeals Panel Whyte said "It must stand by its founding
principles which requires it to act 'as expeditiously as is practicable'
.It must not allow itself to become another element in eircom's armoury of
obstructive stratagems. The Appeals Panel should identify this move for
what it is, a blatant attempt to inhibit competition. The Panel should
issue a summary judgement dismissing the appeal at the earliest possible date"

In a sign of support for the Regulator Timmons added " We are confident
that ComReg has the intelligence and foresight, when implementing new
regulations, to ensure that they are wholly workable within the current
legislative framework. We are further confident that the Justice system
will give short shrift to these blatant delaying tactics and allow Ireland
to continue to catch up with the rest of the developed world."

nahdoic

Damien your well crafted, timely press releases are a credit to you and IrelandOffline. Fair play! I'm assuming you have the press release email addresses of all the irish media?

bealtine

Picked up very quickly by some of the media:

http://www.breakingnews.ie/2005/02/16/story189564.html

damien

nahdoic wrote:

Damien your well crafted, timely press releases are a credit to you and IrelandOffline. Fair play! I'm assuming you have the press release email addresses of all the irish media?

We have about 500+ contact addresses for various media outlets and reporters. This was labouriously put together by Adam Beecher and Elana Kehoe a while back and we add and remove addresses from time to time. We're always looking for widen our reach so if anyone wants to contribute more let us know.

dahamsta

"eircom's recent actions speak louder than their shallow words. While they continue to spread the myth that eircom wants to bring broadband to everyone, their application to the Electronics Communications Appeals Panel shows what they really want is to preserve their monopoly and do as much damage to potential competition as possible while price gouging the consumer."

Brings a tear to my eye to see IrelandOffline telling it like it is and pulling no punches! Keep it up!

damien.m wrote:

We have about 500+ contact addresses for various media outlets and reporters. This was labouriously put together by Adam Beecher and Elana Kehoe a while back and we add and remove addresses from time to time. We're always looking for widen our reach so if anyone wants to contribute more let us know.

Credit where it's due, Elana built the list, I just administered it for a while.

adam

bootbender

Thank you for this well written and informative article.

B :cool: :cool:Tbender

damien

SiliconRepublic picked it up:

17.02.2005 - Eircom’s decision earlier this week to appeal directions on local loop unbundling (LLU) has been described as “vexatious”, “without foundation” and “frustrating” by two lobby groups campaigning for better broadband services.
The Association of Licensed Telecommunications Operators (ALTO) said it strongly supported action taken by the Commission for Communications Regulation (ComReg) in directing Eircom to co-operate with efforts to speed up LLU. Earlier this week, Eircom revealed that it plans to appeal the directions through existing ComReg appeal mechanisms.

Yesterday, however, ComReg threatened Eircom with legal action in the High Court and possible financial penalties over the failure to comply with its directive on LLU. The regulator has given Eircom until 11am this Friday to respond. Describing the action as “essential, measured and proportionate", ComReg chairwoman Isolde Goggin said that it cannot allow Eircom to delay developments that are affecting the ability of other operators to offer increased choice to consumers through innovative broadband offerings and strategies.

ALTO chairman Iarla Flynn criticised Eircom’s decision to appeal ComReg’s directions as “just a further disgraceful example of one company’s efforts to block greater choice and value for consumers”.

He continued: “Late last year ALTO members worked with ComReg to produce an industry set of requirements for developing LLU. These requests are aimed at improving the efficiency of the LLU service so as to allow a greater volume of customers be activated for broadband services. Given that Ireland is amongst the worst in the EU for broadband take-up and that less than 2,000 lines have been unbundled, it is imperative that these innovations be implemented as soon as possible.

“ALTO members have committed millions [of euros] in investment to LLU already and will invest further as this service becomes more efficient. A more streamlined LLU service would allow competitors to innovate within the market and beat Eircom on both quality of service and price.

”Eircom is running scared and have resorted to its standard delaying tactics to try to hold on to its market monopoly,” Flynn said, adding that Eircom’s appeal was "vexatious" and without foundation and should not be entertained.

Another lobby group that throughout 2004 solidly campaigned for accelerated broadband for Irish citizens is Ireland Offline, which described Eircom’s decision to appeal a ComReg direction as frustrating. Spokesman John Timmons stated: "Eircom's recent actions speak louder than its shallow words. While it continues to spread the myth that Eircom wants to bring broadband to everyone, its application to the Electronics Communications Appeals Panel shows what it really wants is to preserve its monopoly and do as much damage to potential competition as possible while price gouging the consumer."

Timmons added that Eircom's appeal means that the ComReg ruling could be delayed by a number of months, with the possibility of a protracted High Court case if the appeals panel doesn't rule in Eircom's favour. “This delay will further confuse and delay the roll out of broadband, which is already more than three years behind the rest of the EU and is increasingly becoming a factor for investors to look at other countries in which to set up business.”

IrelandOffline spokesman Aidan Whyte added: “This is the latest amongst a very long line of delaying tactics by Eircom and is a major disservice to the consumers and taxpayers who funded and have paid many times over for the network that Eircom now refuses to open up to competition. For Eircom to continue to place obstacles in front of other operators trying to roll out broadband is totally unacceptable.”

In a sign of support for the regulator, Timmons added: “We are confident that ComReg has the intelligence and foresight, when implementing new regulations, to ensure that they are wholly workable within the current legislative framework. We are further confident that the justice system will give short shrift to these blatant delaying tactics and allow Ireland to continue to catch up with the rest of the developed world.”

Despite claiming prowess as one of the largest software producers in the world and boasting the presence of major technology leaders such as Intel and IBM, Ireland has gained a reputation as having one of the lowest broadband penetration levels in the developed world.

The average DSL connection of 512Kbps in Ireland compares harshly with the doubling of standard DSL services in the UK by BT to 2Mbps, 3Mbps or 4Mbps services in Germany and the suggestion of 15Mbps services in France.

By John Kennedy

damien

IrishExaminer is on about this too, but didn't quote us.
http://www.examiner.ie/pport/web/ireland/Full_Story/did-sgVJiEFB7z2MwsgTbBP-2fa91M.asp

Eircom faces fines over deadline
By David Clerkin
EIRCOM faces the prospect of hefty fines from tomorrow after the telecoms regulator threatened it with court action for repeatedly ignoring its orders.

ComReg has given the former State-owned phone monopoly until 11am tomorrow to comply with a direction that will force it to throw open parts of the fixed-line network to facilitate rivals.

Other phone companies, such as Esat BT and Smart, have asked Eircom to make it easier for them to have access to the network, to allow them to offer a wider range of broadband internet services.

ComReg said Eircom could not be allowed to stand in the way of other operators and prevent innovative broadband offerings and pricing strategies from reaching the market.

The regulator first cracked the whip last month by issuing two directions to the company, one of which required Eircom to provide a response to requests from other companies for enabling new technological developments. This direction was re-issued earlier this week.



“Failure by Eircom to comply with this latest direction may result in ComReg applying to the High Court for an order forcing Eircom to comply with the direction,” ComReg said. “Furthermore, ComReg may apply to the High Court for the imposition of a financial penalty if Eircom does not comply.”

The regulator also said Eircom was in breach of its legal obligations and that its continued failure to co-operate would cause “serious economic and operational problems” for other telecom companies.

Eircom has appealed the decision already.

The group representing Eircom’s rivals welcomed ComReg’s move and said Eircom’s decision to appeal was a delaying tactic and should not be entertained.

“Eircom’s latest action is just a further disgraceful example of one company’s efforts to block greater choice and value for consumers,” said Iarla Flynn, chairman of alternative telecom operators’ group ALTO. “We fully support ComReg’s actions on this matter.”

Esat BT chief executive Bill Murphy said last week that Ireland would continue to lag the rest of Europe for broadband take-up unless the Government and ComReg intervened to clear obstacles placed by Eircoms. Ireland currently sits near the bottom of the EU table for broadband availability.

The dispute centres on so-called Local Loop Unbundling (LLU), the process for allowing rival operators to install their own communications equipment in exchanges around the country. This would have the advantage of allowing Eircom’s rivals to deal with their customers more directly.

damien

Twist to the story in the Indo:
http://www.unison.ie/irish_independent/stories.php3?ca=184&si=1341330&issue_id=12091

Eircom to challenge ComReg's loop ruling

EIRCOM and telecoms watchdog ComReg look set to go head-to-head in the High Court over the local loop unbundling process which would allow the company's competitors into its exchanges to provide alternative telecoms services.

The former State company will today seek a judicial review in the High Court unless telecoms watchdog ComReg withdraws a direction issued to it in relation to local loop unbundling (LLU), it said yesterday.

Eircom added that it was also looking for a stay on an enforcement order on the directive from ComReg requiring it to outline its plans for the progress of the unbundling process.

Yesterday, Eircom commercial director David McRedmond said that unless the company applied to the courts in relation to the issue, it would undermine an appeals process set up by the Government and ComReg.

He added that Eircom had already informed ComReg that it was appealing the directive to the Electronics Communications Appeals Panel when the regulator issued the enforcement order, and that the regulator had ignored this move. "ComReg may see the appeals process as a nuisance, but it doesn't give it the right to negate it," he said.

"We see our decision as protecting the right of appeal, and we will continue with that route."

Earlier, ComReg said it has ordered Eircom on two earlier occasions to slash its charges and remove other restrictions to competitors.

Mr McRedmond denied yesterday that the company has been dragging its heels in the local loop process, despite calls from competitors and representative bodies that it has.

According to Iarla Flynn, chairman of ALTO, the group representing alternative operators to Eircom, Eircom's action is just "a further disgraceful example of one company's efforts to block greater choice and value for consumers".

"Eircom is running scared and have resorted to their standard delaying tactics to try and hold onto their market monopoly," he said.

Currently there are about 2,500 unbundled lines in the Irish market.

ComReg said last night it had nothing more to add on the issue at this stage.

The body had earlier threatened Eircom with High Court action unless it complied with the direction.

Ailish O'Hora

damien

and in the Times:

http://www.ireland.com/newspaper/finance/2005/0217/2609583584BZEIRCOM1.html

Eircom to seek judicial review over appeals row
Jamie Smyth, Technology Reporter




Eircom yesterday accused the communications regulator of abusing its position and said it had no option but to seek a judicial review against the group's latest ruling.

The firm said it planned to challenge an attempt by the Commission for Communications Regulation (ComReg) to take away its right of appeal to a new appeals panel for telecoms firms.

Earlier this week, Eircom made an appeal to the Electronics Communications Appeals Panel - a body set up by the State to oversee decisions by ComReg - over a direction on "unbundling".

"Unbundling" is the name given to a process through which Eircom's rivals can gain access to the firm's network to provide services to their own customers.

Across Europe it is considered a crucial step to enable greater competition and the introduction of new innovative broadband and voice services. In the Republic, just 2,500 lines out 1.6 million have been opened to rivals.

ComReg has accused Eircom of frustrating the "unbundling" process in the Republic and has issued a series of directions to Eircom to make it easier for competitors to "unbundle".

Following Eircom's decision to appeal its directions this week, ComReg on Wednesday issued an enforcement order on the firm.

In this order, ComReg threatened Eircom with legal action and financial penalties if it did not comply with its directions.

Eircom is likely to make an application to the High Court for a judicial review either today or tomorrow. This review will seek to establish that ComReg is attempting to take away Eircom's right to "stay" rulings until its appeal is heard by the appeals panel.

Mr David McRedmond, Eircom's commercial director, said that ComReg was abusing its position and had placed Eircom in an extraordinary situation. He said ComReg might view the appeals procedures as a nuisance but it didn't give it the right to negate an appeal.

He said Eircom would have no option but to seek a judicial review, unless ComReg withdrew its enforcement order.

ComReg would not comment.

damien

http://www.rte.ie/business/2005/0218/comreg.html

Eircom granted LLU judicial review

February 18, 2005 07:23

The High Court last night granted Eircom a judicial review against enforcement proceedings taken by communications regulator ComReg on local loop unbundling.

Earlier this week ComReg again threatened Eircom with legal action and possible financial penalties over the issue.

Local loop unbundling is the process which allows Eircom's rivals to gain access to the telephone line between the local telephone exchange and the customer. ComReg had ordered Eircom to respond by 11am this morning to requests from rival telecoms firms for developments to LLU products and processes which would allow them to offer high-speed internet services.

Meanwhile, ComReg has issued draft directions aimed at encouraging consumers and business to make phone calls over the internet sooner rather than later.

Voice over Internet Phone services are established in a number of countries. Here, 076 prefixed numbers were made available last year to telecoms providers.

But so far there has been no success in negotiating terms to allow such numbers to be connected to the wider telecoms mobile and land line networks.

ComReg is intervening to assist industry to put in place a preliminary framework for prices and settlements. ComReg's David Gunning said the purpose was to speed up the availability of VOIP to the Irish market.

scojones

G'Wan ComReg! I'm delighted they mentioned VoIP.

d-j-k

This is going drag on for months and months and months ....

Isn't about time that the Government stepped in and did something about eircom? They're throwing their weight around and monopolising access to customers premisis. Surely this is in breech of competition legislation?

The only sollution that I can see is to split eircom in half creating "eircom access" which would have control of the local exchanges and local loop infrastructure and "eircom" would be a telco just like EsatBT, Smart or whoever.

We, the tax payer and those of us who paid enormously inflated Telecom Eireann bills for over a decade paid for those access networks. Billions of euro was spent installing cutting edge switching equipment and upgrading local cabling systems during the 1980s and eircom is now refusing to allow anyone else to use this infrastructure.

It's like selling of the national road network to a private taxi company and allowing them to ban anyone else from using it!



Does no one in Government see this as serious? We're going to loose jobs and investment. This stuff directly impacts on thousands of small companies, on IT companies struggling to start up, on people who work from home as well as a plethera of small telecommunication companies, like Smart telecom, who have innovative products that they now won't be able to offer on a wide scale for months.


Welcome to Ireland ! The Home of Painfully Slow Littigation!
(Don't forget your 28.8 k modem.. you'll be needing it!)

damien

http://www.siliconrepublic.com/news/news.nv?storyid=single4466

18.02.2005 - The Commission for Communications Regulation (ComReg) will contest Eircom’s judicial review preventing the implementation of enforcement proceedings over local loop unbundling (LLU), a spokesman for the regulator has told siliconrepublic.com.

Yesterday the High Court granted Eircom a judicial review against enforcement proceedings taken by ComReg, whereby the regulator threatened Eircom with legal action and possible financial penalties over the issue.

ComReg had issued two draft directions to Eircom in order to speed up the process of LLU whereby other operators could gain access to the various telecoms exchanges dotted around the country. Such a move is envisaged to speed up the rollout of broadband and voice over internet protocol (VoIP) services.

In 1999 when the Irish telecoms market was deregulated one of the first priorities to be signalled was LLU or ‘the last mile’. However, as of this year, out of 1,000 exchanges countrywide only 40 exchanges and some 2,500 lines have been unbundled.

On Wednesday the regulator issued Eircom with an ultimatum whereby the company had until 11am today to comply with the directions or face enforcement proceedings. Last night’s granting of a judicial review by the High Court, however, grants Eircom a stay whereby it will not have to comply with ComReg’s directions until a decision has been made.

It is understood that Eircom succeeded in obtaining the judicial review on the basis that it did not have sufficient time to respond to ComReg’s ultimatum. A spokesman for Eircom told siliconrepublic.com: “At the moment the High Court has decided that we do not have to implement the changes that ComReg has demanded because of our appeal.”

A ComReg spokesman said: “ComReg regards this as a serious matter and will be contesting the case when it comes before the court.”

By John Kennedy