ComReg Strategy Statement 2005-2007

damien

http://www.comreg.ie/whats_new/default.asp?ctype=5&nid=102052

bminish

The OECD publishes data on DSL availability, which is reproduced below. The
chart shows that although DSL availability in Ireland is in and around the OECD
average, Ireland still lags behind a number of other countries in Europe.


Nothing to worry about then :-)

.brendan

Sponge Bob

bminish wrote:

The OECD publishes data on DSL availability, which is reproduced below. The
chart shows that although DSL availability in Ireland is in and around the OECD
average, Ireland still lags behind a number of other countries in Europe.


Nothing to worry about then :-)

.brendan

This is the BIG LIE again , a horrifyingly expansive variant thereof .

1. We all know that Eircom have enabled exchanges in towns of 1500 persons and over with that oul DSL schtuff.

2. We all know that if we go to the CSO website and read the 2002 census breakdown then something like 59% of the population live in towns of 1500 persons and over . These towns are DSL enabled and have 59% of the population a living inside of them .

3. We know that not all of these persons living in towns of 1500 persons and over can get DSL but we will kindly assume they all can get DSL on their good quality copper for the sake of the BIG LIE

4. We further know that in addition to point one , Eircom have only DSL enabled about another 20 exchanges covering towns of 1500 persons and less to date. 20 x 1500 = 30,000 persons (max) covered or 0.75% of the population . We kindly assume they all pass their line tests for the sake of the BIG LIE

5. Having then made all of the BIG LIE assumptions for Comreg and added them all together we are unable to make a case for any more than about 60% of the Irish Population living in an area or town that is DSL enabled and thats assuming they all pass .

6. We can find no evidence that the other 40% of the Irish Population live in a town or in an area that is DSL enabled.

6. Now Comreg have added the rest of the developed world into the mix , thats the OECD. Comreg have further expanded the BIG LIE .....as follows.

Only 60 % of the Population of the Average Developed Country Live In DSL Enabled Areas.

The BIG LIE has traction. Comreg are blithely publishing Strategy Documents based on the BIG LIE, the strategy self evidently being that we are a failure and that we will continue to be a failure with the blessing of the Regulator . This document should properly be called the Comreg Ongoing Failure Admission , 2005-2007

Could we please have FIA and proper telephone lines in this decade one asks ?

bminish

Who Supplies the figures that the OECD uses? ComReg perhaps?
.Brendan

SkepticOne

This is McRedmonds spin ("x percentage of people live in areas that can get broadband", "broadband enabled areas covering x percent of the population", "percent of the population covered by broadband exchanges", etc.)

The only figure that matters at all is the % of people that can get broadband. This is never mentioned by McRedmond.

From an individual consumer point of view, it doesn't matter if you live in an "area that can get broadband". What matters is whether you can or can't get broadband full stop.

McRedmond's technique is simply to repeat over and over again the former figure based on the meaningless idea of "coverage". Eventually it sinks in.

Other bogus ideas that McRedmond has successfully communicated include:

1. That reselling of Eircom's wholesale monopoly services constitute competition.

2. That Eircom cares about providing broadband (as opposed to simply generating revenue).

The first is obviously rubbish. Tesco's are a reseller of Brennan's bread. They do not compete with the company that makes the bread.

The second is also rubbish but less obviously so. If Eircom stand to lose money by offering broadband they will not offer it. They must take into account revenue lost by services that are displaced by broadband e.g. leased lines, ISDN, dial-up.

Sponge Bob

Then Comreg repeats the spin , deliberately supplies this incorrect data to the OECD and quotes OECD misinformation deliberately propogated by Comreg in the first instance.

Hence my use of the BIG LIE as distinct from 'figures' or 'data'

damien

Closing date for submissions is August 12th.

watty

Does anyone actualy know then:
1) How many people as percent of population have Broadband
2) What percent of computers have broadband (some PCs shared by many people, some people have several PCs).
3) How many people "really" could get Broadband?

The idea of Wireless Licences was to provide BB to rural users etc outside City etc. Irish Broadband serve a 5km circle from Limerick city centre and Leap also have a single point near Limerick City with 5km range.

Everyone is only interested in the major Cities as far as I can see,

Sponge Bob

watty wrote:

Does anyone actually know then:
1) How many people as percent of population have Broadband

At home Watty? . 4-5% ish of the population have BB today .

watty wrote:

2) What percent of computers have broadband (some PCs shared by many people, some people have several PCs).

Irrelevant in my opinion , every computer in UL has BB but UL is only one connection if you see what I mean. Lets say that every enterprise in larger towns have access to Broadband of some sort albeit at what cost ???? . I know people in Limerick with ESAT BB over 10Ghz (IIRC) wireless tails because no copper or fibre would work for them .

People unplug laptops from the network in UL and head home to no BB connection at all , 3 miles away from UL , so that PC has BB in certain circumstances only . Its at home 16 hours a day and in UL 8 hours a day, how do we count it ?

I propose we count 24/7 or nothing, we have pretences to being a developed nation.

watty wrote:

3) How many people "really" could get Broadband?

60% of the population or so, 50% can get DSL and another 10% can get wireless of some sort . That could be 65% by years end after Clearwire launch .

watty wrote:

The idea of Wireless Licences was to provide BB to rural users etc outside City etc. Irish Broadband serve a 5km circle from Limerick city centre and Leap also have a single point near Limerick City with 5km range.

Everyone is only interested in the major Cities as far as I can see,

While the second round of 3.5Ghz licencing (distribution of Chorus spectrum) was better than the first it still needs to be twiddled as it has itself failed .

If half of Eircoms nationally unused 3.5Ghz spectrum were taken off them then maybe we (in here not in muppet central over in Comreg) could come up with a lowest population density first licencing scheme where going live in the wilds of Donegal and on the Cork/Kerry/Limerick border will get you credits and the first to reach nn credits gets Dublin City Centre .

damien

Bumping this again. Submissions should be sent in by as many people as possible. If even to point out that their view of everything being rosey in Ireland is incorrect.

damien

Getting back on topic.

Regulation is used most often as a general term to describe the diverse set of instruments by which all Governments, and all branches of Government, regulate the economic and social activities of citizens and organisations Sector-specific regulation aimed at introducing competition to former monopoly sectors has been promoted primarily by the EU and supported by national governments as a move towards fully liberalised markets offering low barriers to entry for new entrants and a wide range of competitive services to consumers. The new EU framework for regulation of the electronic communications sector has been fully implemented in Ireland and such progress has put Ireland among the most advanced countries in the EU in terms of regulatory agility and flexibility. The core regulatory principles as set out in Article 8 of the Framework Directive are:

• Technological neutrality
• Promotion of competition, for example by promoting innovation and ensuring that users derive maximum benefit in terms of choice, price and quality
• Promotion of the development of the Internal market, for example by eliminating discrimination, and by removing obstacles to the provision of electronic communication networks and services
• Promotion of the rights of citizens, for example by ensuring access to a universal service
• Regulation only where necessary and by means of clear, stable and predictable rules

ComReg recognises that it is important to continually review the impact of regulation to ensure that it is proportionate and justified. In this context ComReg will carry out Regulatory Impact Analyses (RIA) where warranted to ensure that undue regulatory burdens are not imposed on the industry.

Legislative framework for the electronic communications sector


The new EU Regulatory Electronic Communications package was transposed on July 25th 2003 in an attempt to harmonise and streamline regulation of the electronic communications sector in the EU. The framework is made up of five Directives and one Decision. These are the Framework Directive (2002/21/EC), the Authorisation Directive (2002/20/EC), the Universal Service Directive (2002/22EC), the Access and Interconnection Directive (2002/19/EC), the Data Protection Directive (2002/58/EC) and Decision No 676/2002/EC on a regulatory framework for radio spectrum policy in the European Community.

In addition to the main legislative texts there are other provisions dealing with competition in the markets for networks and service, the workings of the European Regulator’s Group and guidelines on the assessment of market power. This new framework promotes two principal regulatory concepts - technologically neutral regulation and the application of competition law principles.

The Irish government was one of only a few EU member states to transpose the new framework into national legislation on time. The impact of this new framework in Ireland has been to simplify the legislation in relation to the electronic communications sector, to introduce an authorisation process to replace the previous telecommunications and cable licensing framework that removes barriers to entry by merely requiring notification by undertakings of their intention to provide networks and services, and to apply a common economic and legal framework for analysis of 18 key markets.

ComReg is among the first member states to complete its market analysis in a timely manner and is currently applying remedies to those markets where one or more operators have been designated as dominant. This will ensure that ComReg regulates markets consistently and where necessary, thus minimising the regulatory burden on providers of electronic communications networks and services.

ComReg notes the European Commission’s intention as stated in its i2010 Communication to review the regulatory framework for electronic communications in 2006 and will work closely with the Commission and regulators from the 25 Member States during this review.

However, it should be noted that a number of legal challenges have been lodged against some of ComReg’s decisions on dominance and remedies. ComReg fully recognises the right of affected persons to bring appeals, but ComReg is concerned that they should be concluded quickly in order to bring regulatory certainty to the market. ComReg notes that both the OECD and the European Commission have commented on the threats which delays caused by these legal challenges pose to the further development of the Irish market.

Legislative Framework for spectrum management

Until 2003, the Wireless Telegraphy (WT) Acts 1926-1988 provided the licensing framework for radio systems in Ireland. Under the WT Act, 1926, everybody requires an authorisation to keep and have apparatus for wireless telegraphy and this authorisation generally takes the form of a licence or a licence exemption created under secondary legislation. ComReg has the authority to develop secondary legislation to permit the licensing or licence exemption of different types of wireless apparatus.

The primary legislation applicable to the broadcasting sector comprises the Broadcasting Authority Act 1960 as amended, the Broadcasting and Wireless Telegraphy Act, 1988, the Broadcasting Act 1990, the Radio and Television Act, 1988 and the Broadcasting Act 2001 in addition to the Wireless Telegraphy Acts.

Irish television and radio broadcasters are licensed for the use of spectrum and apparatus under the Broadcasting Authority Act 1960 (in the case of RTÉ) and under the Radio and Television Act 1988 (in the case of the BCI contractors). MMDS and Deflectors (which allow for the distribution of programme services in Ireland over the air), are licensed by ComReg under the 1926 WT Act. Broadcasting distribution and transmission systems are subject to the new EU regulatory framework for electronic communications networks and services.

The new framework regulations do not replace the WT Acts 1926-1988 but take priority over it. Since 2003, licensing of wireless electronic communications services and networks under the WT Acts must be done in accordance with the requirements of the framework regulations. A number of new Acts relating to the regulation of the electronic communications sector are expected in the medium term. These include a new Miscellaneous Provisions Act, a new Radiocommunications Act, which will replace the Wireless Telegraphy Acts 1926-1988, and a new Broadcasting Act.


Q. 1. Do you agree with ComReg’s analysis of the external market and legislative environments? Are there other key short term developments that ComReg needs to consider?

damien

ComReg’s stakeholders

Given the difficulties inherent in satisfying the competing needs of all of these stakeholders, ComReg will require each group’s input into its work. ComReg seeks shareholders’ views in a number of ways including meetings and public consultations.

Although interaction with all of our stakeholders is important, the following section outlines our interactions with 3 of our most important stakeholders.

3.3.1 Users

ComReg will pay particular attention to its relationship with users, including those with special needs or disabilities. Impending legislation will place increased emphasis on those with disabilities. ComReg welcomes the formation of the National Consumer Agency (NCA) and will cooperate closely with the NCA, alongside its continuing dialogue with the Consumer’ Association of Ireland and the Office of the Director of Consumer Affairs, to ensure that its regulatory policy continues to reflect the needs of all consumers.

ComReg will also continue to engage with business users both individually and via organisations such as the Chambers of Commerce of Ireland and IBEC, to ensure that their voices are represented and their needs are met.

In addition ComReg will continue to encourage direct interaction with consumers via its dedicated consumer phone line, consumer web site, consumer guides and networking events such as trade fairs and conferences. Further detail on our interactions with consumers can be found in section 7.2.1.

3.3.2 Industry
ComReg anticipates rapid change in the 2005-2007 timeframe, particularly with regard to converged services and consumer demand for advanced services such as high-speed broadband and 3G. This poses enormous challenges for regulators and industry alike. In order to ensure the smooth implementation of its regulatory policy, ComReg depends upon the active cooperation of the electronic communications industry.

ComReg appreciates input from industry to date in shaping an increasingly competitive electronic communications market in Ireland. Continued progress will require enhanced co-operation and dialogue between the industry and the regulator if consumers are to benefit from innovative and competitive products and services for the Irish market.

3.3.3 Regulatory bodies
Given the wide range of issues inherent in regulation of the electronic communications sector, ComReg recognises the value of close cooperation with other regulatory bodies such as the Broadcasting Commission of Ireland (BCI), the Competition Authority, the RTÉ Authority, the Consumer Strategy Group and the Data Protection Commissioner.

There is much debate at present with regard to the compliance costs that regulation imposes on business through red tape, particularly small and medium businesses. There are efficiencies to be gained through better-engineered processes and less duplication in the collection of information and ComReg will continue to work closely and actively with both the Better Regulation Group and individual sectoral regulatory counterparts in Ireland to achieve such efficiencies.

ComReg will also continue to work closely with the European Commission on both a formal basis via the European Regulators’ Group and our national regulatory counterparts by means of the International Regulator Group (IRG) to ensure that we follow best regulatory practice and regulate in a harmonised and proactive manner.


Q. 2. Do you consider that ComReg provides sufficient opportunities for stakeholders’ views to be heard? If not then how could we improve? Are there other key stakeholders that ComReg needs to consider?

damien

ComReg’s mission, values and vision

An organisation's vision is a key component of any corporate strategy. ComReg’s vision encapsulates an efficient, dynamic and competitive market offering a range of innovative and competitively priced services to consumers.

We consider that our work critically enables:

• The provision of leading-edge, convergent electronic communications services to Irish consumers at the best possible value;
• Ireland becoming a leading international hub for electronic commerce and a base for investment in knowledge-intensive industry;
• Enhancing Ireland’s development in the Information Age, unlocking the potential of technological convergence and, thereby, stimulating the overall development of Ireland’s society and economy.

With this in mind, ComReg’s mission statement takes into account both national and European objectives and has been revised in light of feedback from stakeholders. The revised mission statement and values are set out below:


Mission Statement:
The Commission for Communications Regulation will to the extent of its powers facilitate the development of a dynamic, efficient and competitive market-place for electronic communications and postal networks and services for the benefit of the Irish Community.

Values

ComReg’s mission is underpinned by adherence to five values:
Integrity
Professionalism
Impartiality
Effectiveness
Transparency

Q. 3. ComReg is proposing to revise its mission statement and its core values to reflect changes in both the market and ComReg’s regulatory duties. Do you think the revised mission statement and values set out above are appropriate?

damien

5.1 Competition

The promotion of competition is a vital component of effective regulation. Competition is key to ensuring a sustainable industry, which has the means and is willing to invest in developing innovative products and promoting product differentiation. Competition is also vital to ensure that there is a level playing field for both incumbents and new entrants, which in turn ensures the availability of a range of products and services to consumers, which offer them choice, quality and competitive prices.

ComReg will ensure its objectives are achieved by means of the following strategies:

Markets

• In line with the new regulatory framework we will continue to identify distortions/restrictions in the provision or availability of Electronic Communications Services using market-based triggers. Where necessary, we will take steps/ develop policies to deal with any such restrictions or distortions.
• Complete remaining market reviews and monitor relevant markets to ensure appropriate regulation applies
• Consult on the principles to be applied in conducting market reviews and reviews on work on remedies.
• Work with the industry to develop new and innovative indirect access wholesale products which are competitively priced and user-friendly while allowing for a sustainable margin for indirect access operators.
• Work with industry to provide best-fit FMC services that are innovative, economically advantageous to both the consumer and the industry and userfriendly
• Carry out Regulatory Impact Analyses (RIA) where warranted to ensure that undue regulatory burdens are not imposed on the industry
• Consider within the context of the regulatory framework the appropriateness of the markets already defined and whether there are other markets where intervention may be warranted

Pricing

[*]Continue to promote transparent pricing and processes for access and interconnection
[*]ComReg will oversee the production of clear and transparent separated accounts from eircom, RTÉNL and dominant mobile operators
[*]ComReg will review the existing price cap on eircom


Broadband

• ComReg will continue to work with industry to develop transparent and efficient processes for unbundling the local loop
• Ensure the availability of alternative technologies such as fixed wireless access to ensure that all Irish consumers have access to broadband
• Continue to support the development of the Group Broadband Schemes

Access
[*]Raise awareness of the benefits of radio/alternative technologies to support competition in access, backhaul and/or core networks
[*]Encourage virtual or indirect access to both fixed and mobile networks at costoriented prices, which both guarantee a viable rate of return to the network operator and provide a sustainable margin for the virtual network operator
[*]Encourage new operators to provide innovative services including internet-based access products

Broadcasting
[*]Encourage the development of digital broadcasting by conducting a strategic review of digital services and introduce schemes as appropriate to licence new services

5.2 Consumers
A competitive electronic communications market offers benefits to consumers in terms of attractive and transparent pricing, a wide range of choice in terms of services and suppliers and high quality services and products. ComReg has a key role in informing and educating consumers with regard to the availability of electronic communications products and services, and in providing consumers with appropriate means of redress and support in the event of a dispute with their supplier.

The informed consumer feels more in control of their own lives and is better able to articulate their service and quality needs. This in turn ensures that the communications industry delivers products and services that are of real value to consumers.

ComReg’s consumer policy is to promote the interests of consumers and end users and will ensure its objectives are achieved by means of the following strategies:

Consumer Welfare
The aim is to ensure choice, price and quality for consumers and is generally delivered through the regulatory framework that has been put in place to facilitate the development of effective competition.

Protecting Consumers
The aim is to put in place measures to protect consumers while competition is developing; this is achieved through specific measures adopted under appropriate legislation (mainly EU Directives and national legislation).

Raising Consumer Awareness
The aim is to provide consumers with information to allow them to make informed choices in the market, thereby contributing to the development of competition. This is achieved through the publication of relevant information and ongoing communication with consumer groups and their representatives. ComReg will ensure its objectives are achieved by means of the following strategies:

Maximising Consumer Welfare

• Ensure that a Universal service of fixed telephony services and narrowband internet services are available to all citizens upon reasonable request and at affordable prices
• Conduct a detailed review of the Universal Service Obligation in Ireland in preparation for its renewal in July 2006

Protecting Consumers

• Ensure the provision of an accessible and effective consumer complaints service to electronic communications users
• Enforce compliance by operators with regard to codes of practice for tariff presentation
• In collaboration with the with the Data Protection Commissioner, monitor usage of the National Directory Database direct marketing opt-out facility
• Develop a memorandum of understanding with the newly established interim Board of the National Consumer Agency with regard to the needs of consumers of electronic communications services and networks
• Through ComReg’s consumer line team, monitor the impact on consumers of any negative mis-selling or other unfair sales practices and in collaboration with other agencies apply remedies to address incidents of such negative practices in the electronic communications sector
• Continue to invite input from ComReg’s External Consumer Advisory Panel on all consumer issues in the markets regulated by ComReg

Raising Consumer Awareness

• Provide clear and user-friendly information through the www.askcomreg.ie website and the publication of consumer guides
• Facilitate consumers to make more informed choices in order to allow them to benefit from increased competition and choice in the electronic communications market through the development and launch an Interactive Tariff Comparison website for Fixed, Mobile and Internet services
• Carry out end-user surveys and research to inform the market of consumer attitudes to and use of communications technologies, and to raise awareness of the options open to consumers with regard to communications services and products in the Irish market

Q.4 Do you agree with the objectives and strategies set out above? Are there additional objectives that ComReg should agree?

damien

IrelandOffline welcomes this opportunity to give feedback to ComReg in regards to their strategy statement. IrelandOffline commends ComReg in their genuine willingness to solicit the comments of all stakeholders and encourages ComReg to keep doing so.

===
> Q. 1. Do you agree with ComReg's analysis of the external market and legislative environments? Are there other key short term developments that ComReg needs to consider?

IrelandOffline believes that ComReg has given an in-depth analysis of the telecoms market in Ireland but believes that the analysis is not reality-based but more wishful thinking. There are a significant amount of issues in the Irish telecoms market that urgently require addressing. We are of the belief that ComReg up to now have not been objective enough to recognize the many market failures which are harming competition and harming consumer choice and value for money.

ComReg are proud of the fact and makes it widely known that Ireland was one of the first to transpose the EU Regulatory framework. However there appears to be silence and skirting over the facts when it comes to Ireland having the highest fixed line rental charges in the EU (50% higher than the EU Average), mobile ARPUs significantly above the EU average and broadband penetration lower than everywhere in the EU-15 except for Greece (with the takeup rate in Ireland actually stalling rather than gathering pace).

ComReg claims Ireland has fully implemented the USO Framework. IrelandOffline disagrees with this as Functional Internet Access has yet to be addressed. We have made this known numerous times to ComReg over the past 12 months and addressed this with the EC 11th Implementation team who recently visited Ireland. The failure to address this has meant that consumers and businesses have been told and are still being told they are not entitled to an Internet connect on their phoneline. Dialup Internet access is not guaranteed because of the failure to define and enforce Functional Internet Access. That a delay of 2-3 months may be acceptable but a delay measured in years means to the consumer and to IrelandOffline that the USO Framework has not been implemented.

In regards to LLU, while LLU legislation is in existence, it's irrelevant if a consumer and an OLO cannot unbundle a line as is the current situation. Claiming LLU implementation as being a success is merely spin and semantics. "Real" LLU does not exist in this country due to massive issues between the regulator, the OLOs and the incumbent. As only 2000 lines have been unbundled since the introduction of LLU we deem LLU to be a complete failure and symbolic of a systemic failure throughout ComReg and the DCMNR.

Also in Article 8, ComReg is mandated to promote competition. Competition still is not healthy in this country. The broadband market is full of resellers, the mobile market had a duopoly and the third mobile player is now merging with the fixed-line incumbent. The ARPUs for mobiles prove there is no competition. The fact is that 80% of people still appear to use the fixed- line incumbent despite their inability to provide affordable telecoms packages and the ability to bring out innovative products. Competition is severely lacking in Ireland still in the fixed and mobile market and a status quo appears to exist.

In regards to the recent appeals and High Court case IrelandOffline feels that the legislation that ComReg has to work under has not been helpful and the DCMNR failed to foresee the problems that would arise from the creation of the ECAP. IrelandOffline feels ComReg needs to lobby the Government harder for stronger laws which will allow them greater powers to regulate the telecoms sector.

IrelandOffline welcomes the public comments from ComReg asking for more legal powers but reminds ComReg that they are unaware of ComReg ever fining a telecoms company, even with the limiting fining capabilities they have. Even though there is a maximum fine of €3000, the symbolism of fining a company that was in breach of regulations would have strengthened the public's trust in ComReg's commitment to regulation.

In regards to the Legislative Framework for spectrum management we believe that there are still come issues that need resolving in this area but overall ComReg is to be commended for the way they have gone about allocating spectrum. The issues IrelandOffline wishes to see addressed are that we believe certain telecoms companies are "sitting" on spectrum and not using it to provide consumers and businesses with a service but instead preventing other companies from using it and offering consumers and businesses an alternative.

In regards to eircom's 3.5Ghz spectrum allocation which gives national coverage, we are concerned that the public are not being provided with the locations where this is available and when we requested this of ComReg they were unable to immediately get these details for us. eircom have this license for a number of years now and yet when the public tries to avail of this service they are generally turned down with the reason that they are not in an area covered by this. We are of the belief that ComReg needs to make public a coverage map of where this service is available, that they need to force eircom to sell this service to the public and to offer the unused areas to any other company or GBS that would wish to avail of it.


===
> Q. 2. Do you consider that ComReg provides sufficient opportunities for stakeholders' views to be heard? If not then how could we improve? Are there other key stakeholders that ComReg needs to consider?


In IrelandOffline's view there is a massive disparity when it comes to the representation of views of industry and the views of the consumer. The Telecoms Industry is well funded and well staffed so that they can easily and vocally represent their views. Consumers are represented by a consumer magazine and voluntary groups like IrelandOffline.

IrelandOffline are now accepted as the authoritative voice of Irish consumers in regard to Broadband, we have met regularly with all the key stakeholders including Comreg; we are also the only consumer group to consistently submit detailed responses to consultation requests such as this one.

Our members are perplexed that whilst Comreg is prepared to meet and communicate with us informally, they are not prepared to include us in more official situations such as their annual Consumer Event or the Consumer Panel. Whilst our committee members who have met with Comreg have gained a much better understanding of the difficulties and restrictions that Comreg have to operate under, we find it increasingly difficult to convince our members that Comreg is carrying out any useful role as far as consumers are concerned.

We are of the belief that the Consumer Panel convened by ComReg is a piecemeal effort for addressing consumer issues. If the Consumer Panel is to be in any way effective it needs to meet and report more often, to continuously solicit feedback from the general public and to be transparent about the feedback that they get and what they report to ComReg. We were disappointed that in a recent meeting with the EU, where a representative from the Consumer Panel and a consumer association that ComReg has highlighted in their Strategy document, it was only IrelandOffline who were able to speak with authority on most telecoms issues.

We think that the creation of the National Consumer Agency will do little on its own to enhance Comreg's image among consumers - the Agency is seen as yet another quango divorced from the real world experienced by consumers. Comreg needs to get 'face to face' with end consumers on a regular basis. We suggest that Comreg should embrace other methods of interaction such as web forums and roadshows. The current AskComReg website should be also be redesigned to make it more interactive, for example by the addition of a consumer discussion forums on areas such as Mobile, Landline and Internet Issues. The AskComReg website currently is static and communicates to and not with consumers. Dialog needs to be two way and needs to be as transparent as possible. A form is not interaction. A forum is. Dedicated people for running the site and updating it daily should be used. With all the E-Government initiatives of late we believe that ComReg too should embrace the interactive web.

In regard to consultation with consumers, we recognise that improvements have been made but there is still much to be done. Comreg have much to do to shed the image that they favour the large telco's and are ambivalent towards consumers. ComReg have been very successful when it comes to engaging telcos, now a significant effort to have a continuous dialog with consumers is needed.

damien

===
> Q. 3. ComReg is proposing to revise its mission statement and its core values to reflect changes in both the market and ComReg's regulatory duties. Do you think the revised mission statement and values set out above are appropriate?


Quoting the mission statement:
"The Commission for Communications Regulation will to the extent of its powers facilitate the development of a dynamic, efficient and competitive market-place for electronic communications and postal networks and services for the benefit of the Irish Community."

We believe that ComReg has maintained a reactive stance to situations in the telecoms market. This mission statement reflects the old ODTR where a lot of time appeared to be spent on marketing and excuse generating. We wish to see a stronger regulator and a stronger attitude but this proposed mission statement portrays weakness.

We would very much encourage ComReg to have a proactive attitude with a statement such as "The Commission for Communications Regulation by using all the powers available to it will actively and rapidly facilitate the development of a dynamic, efficient and competitive market-place for electronic communications and postal networks and services for the benefit of the whole Irish Community."

In regards to the five values:
Integrity
Professionalism
Impartiality
Effectiveness
Transparency

We welcome these values but believe more discussion on how these values will be carried out is needed or else they may just become buzzwords. We would also suggest adding the word Objectivity.

===
> Q.4 Do you agree with the objectives and strategies set out above? Are there additional objectives that ComReg should agree? Page21

Competition

In regards to Competition we believe that ComReg must first recognize that there is not enough competition in Ireland. We further believe that ComReg needs to stop reusing marketing material from the incumbent and address the stark realities of 60% of consumers not knowing about single billing, of wholesale line rental not giving a better margin for the OLOs, of mobile networks having the highest ARPUs in the EU and of Ireland having the highest line rental in the EU by a significant margin. Despite the claims that there are 100s of telecom companies in Ireland, it is quality of offerings and variation of services that matter, not quantity. The vast majority of OLOs in Ireland are bottom feeders who combined still have not made an impact on the incumbent's market share. They are well intentioned but cannot gain greater market share and offer better services because of the wholesale telecoms market.

ComReg's latest Amarach report goes to show that since deregulation few people have moved to the OLOs and for the past few years the market share percentages have remained static. ComReg needs to seriously examine why this is so and quickly address it.

ComReg needs to stop putting a spin on surveys, press releasing alternative realities such as talking about that 40% of people know about single billing when the main issue is 60% do not know what it is. IrelandOffline is deeply disappointed that the regulator appears to be getting marketing advice from the incumbent in regards to selectively highlighting good points when there are so many bad points that need addressing. We feel ComReg is losing it's objectivity when it comes to the health of the telecoms market and they need to examine why this is happening.

Markets

In regards to the Markets, IrelandOffline would like to note their worry that dispute regulation of market decisions seems to becoming more of a factor and a tool to be used to delay progress in various markets. The Court system and the ECAP have becoming tools for furthering a monopoly rather than pushing through better market features.

Consumers need to be considered more in the market decisions. ComReg talks about a balance between telco costs and what the consumer can afford. While a telco can afford a team of financial analysts to say why some service costs X amount, the fact that the telco could reduce the price by streamlining the organisation and reducing their own overheads needs to be factored in. Just like a telco is not a charity. ComReg should not look charitably on a telco which is top heavy with staff and struggling with inefficiencies which add significantly to the costs they pass on to their customers. Costings should be compared to other EU telcos who are known to run efficiently.


Pricing

In regards to pricing we believe that costs for anything in the telecommunications sector in Ireland are too expensive. As we have already extensively mentioned in this consultation. We believe continuous pressure should be put on the incumbent to bring down wholesale pricing and to use costings for wholesale products if all inefficiencies were removed.


Broadband

IrelandOffline would like to express serious reservations about facts and figures that are sent out by the regulator in regards to the broadband market in Ireland.

IrelandOffline has been campaigning long and hard to highlight that the marketing of the incumbent and their figures and their perverse definition of availability is damaging to the Irish Broadband market. There cannot be 80% availability if 23% or more of phonelines connected to dsl equipment fail the broadband line test. The true figure for availability is closer to 60% yet ComReg despite feedback from many people have used the 80% figure.

That IrelandOffline has to use all its limited resources and its committee has to put a lot of personal time and a lot of personal finances into combating false marketing is damning enough but the most serious issue is that we also have to counter spin and marketing sent out by the regulator. We are quite disheartened that taxpayer money is being used to foster the marketing machine of the incumbent. Objectivity again is missing when it comes to the broadband market and we see the regulator and in turn the DCMNR siding with the incumbent and feverishly grappling for excuses as to why people don't move to broadband, yet in the latest Amarach Survey from ComReg we see that when asked why they had not moved to broadband 34% said they could not get it. Yet ComReg has said there is no demand.

LLU

Without LLU we will not see real competition in Ireland, yet LLU is an unmitigated failure here. The LLU process is an absolute shambles. The full LLU pricing of €14.65 per month per line is too expensive. The red tape in the processes and procedures, along with the extortionate pricing for LLU discourages competition. LLU needs to be streamlined and made more efficient. With streamlining and efficiencies should come price drops. Price drops should come into effect every six months. Prices for LLU should be always coming down, not going up. Prices should not be fixed for a period of 2 or 3 years.

ComReg now needs as a matter of urgency to address all the issues surrounding LLU failure.

Alternative Technologies

In regards to investigating alternative technologies, we would encourage as many methods as possible for a consumer to get broadband but would point out that a phoneline goes to nearly every home in this country, adsl can go over a phoneline and adsl technology has been used and deployed for the past 5 years. It is a proven technology and one that can be put on existing infrastructure. With this in mind ComReg should aggressively tackle the incumbent and force them to publish details of pairgains and create a transparent system for the removal of an obstacle which will not allow dsl to go down a consumers phoneline.

Group Broadband Schemes

We welcome the support of Group Broadband Schemes but dare to ask what initiatives that ComReg created to address the issues the GBS's have encountered. We question how many GBS groups ComReg have worked with. We would very much welcome an open meeting in the guise of a workshop or conference where GBS applicants and GBS communities can meet and discuss what they need ComReg to do to make the GBS's a success. We would ask how many GBS communities ComReg approached to give feedback on the Strategy statement.

We would like to highlight though that the GBS's have come about because of market failure and because despite the marketing statements that there is 80% availability, the reality is that half the country cannot get broadband.


Access

The incumbent needs to give greater access to its copper infrastructure. We see this as vitally important for competition. We welcome the introduction of MVNOs into the Irish market.

Consumers

In regards to Consumers, we think there is a lot of work for ComReg to do. There is massive dissatisfaction among consumers and IrelandOffline has acted as middleman on dozens of occasions on consumer issues. ComReg's own August Survey shows that 80% of consumers do not know of the existence of a Consumer Charter from their telco.

We are dissatisfied with the way the complaints process works with ComReg where consumers have to first go through hoops with their provider and when they have exhausted every avenue then ComReg will listen to them.

We would be interested in quarterly reports from the ComReg consumer section on the number of complaints that came in, a breakdown of what they were, and a listing of how many were resolved to the customers satisfaction and whether any telecom companies were fined.

We believe comreg should bring in fining for any consumer abuses.

We believe that the raw data of consumer reports like the Amarach Survey should be made available to the public so that other organisations can review and run their own calculations on them.

Please see our thoughts on the AskComReg site earlier in this document.

Sponge Bob

Comreg hold dearly to their core values at all times .

Its just that those values are towards their collective rear and tinged with a permanent brown patina.

Ye were far far too nice and statespersonlike with them

eircomtribunal

Following ComReg's release at 14:44 today: "ComReg has extended the deadline for submissions in relation to Consulation Paper ComReg 05/47, until Wednesday the 17th of August 2005. This consultation relates to ComReg's Strategy Statement (2005 - 2007)",
I asked ComReg why they decided to extend and got the reply
that they "have decided to extend the original deadline due to requests from a number of parties. The time of year was taken into consideration and thus the deadline was extended to allow for this."

P.

Sponge Bob

I must send them a card . The Big Lie is 80 years old this very year. Those dopes in Comreg are the proof that the Big Lie

......is in very very good nick after all those years.

The Fat Controller knows his reading material all right