Copper "Switch-Off"

Irish Authorities seem helpless to make it happen. They'd probably be quite pleased to hide behind an EU regulation. Anyway here's the overall rationale.

Practical need for EU action

The initiative will have significant added value compared to action taken at Member States level. Strengthening European competitiveness requires access to fast, secure, and resilient digital infrastructure. In a context where the digital connectivity landscape is changing rapidly with convergence of telecom, satellite, cloud and edge technology, driven by virtualisation and AI, the EU will only be able to achieve those objectives through a more harmonised legal environment across the EU that avoids inconsistent national administrative practices or implementation conditions that limit the opportunities of the single market.

Experience with the EECC shows that Member States have not been able to address the sectoral challenges timely, due to the long time needed for transposition of the Code into national law. In addition, the transposition of directives into national law has been often accompanied by additional layers of rules resulting in overregulation.

Overall, the scale of the problems in the digital ecosystem requires a legislative initiative at EU level because they have increasingly an EU dimension, and can be more efficiently resolved at Union level, leading to overall greater benefits, more accelerated and harmonised implementation, and lower costs than if Member States acted alone.

Sounds very Trumpish. I suppose I'll have to go and buy a copy of this.

<update>

 We’ve done a submission to Comreg in recent weeks, so we’re waiting for feedback to review that. [Fergal McCann]

</update>

Meanwhile, elsewhere in Ireland…..

It should be noted that the timing of the switch-off is ultimately a commercial matter for Eir subject to it complying with the provisions of ComReg’s decision. However, the Department continues to engage with both ComReg, through a bilateral working group on Copper Switch Off, and Eir to keep apprised of any developments in this area.

It seems, from FOI, that ComReg believes it is in a "deliberative process" (S.29 FOI Act) regarding the approval of Eircom's switch-off proposal. ComReg also asserts that information has been "obtained in confidence" (S.35 FOI Act) from Eircom. ComReg has therefore refused access to all records requested, as confirmed by its public interest test.

From the schedule of refused FOI records; Eircom emailed ComReg (with attachments) on May 12th 2025 and ComReg emailed Eircom on 26th June 2025. Any correspondence later than 1st July would not have been covered by the FOI request.

From ComReg's switch-off decision the timeframe for the deliberative process is vague and unlimited.

ComReg does not believe that it is necessary or appropriate to set a maximum time period for its review of Eircom’s Switch-off Proposal in order to allow sufficient flexibility for any inquiry and engagement which may be required with Eircom.

The good news is that no proposals for Alternative Comparable Products (ACPs), i.e alternatives to FTTH, had been submitted by Eircom by 1st July ; or at least ComReg asserts that it, ComReg, didn't possess any (S.15 FOI Act).

The full FOI decision is here. (caveats apply, and the highlighting and redactions are mine)

The Department and ComReg both include references to Copper Switch-Off in their submissions to the EU's feedback portal on the Digital Networks Act.

https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14709-Digital-Networks-Act_en

The Commission cited "a lack of proactive measures to foster copper switch-off" and proposed..

 to accelerate copper switch-off by providing a toolbox for fibre coverage and national copper switch-off plans, and by setting an EU-wide copper switch-off date as default, along with a derogation mechanism to protect end-users with no adequate alternatives.

ComReg's submission

ComReg agrees with the proposal for a derogation mechanism to protect end users
with no adequate alternatives in the case of copper switch-off. There may be merit in
the proposal for a toolbox, depending on the content of the actual toolbox that is
being envisaged. ComReg notes, for instance that Article 81 EECC currently gives
NRAs little control over the process, both in terms of commencement and once the
switch-off plan has been communicated by the SMP operator.

Departments's submission

Regarding item (iii) accelerating copper switch off (CSO), a proposed target date for CSO must be
cognisant of national circumstances. Many Member States are at different stages of CSO and as such,
one date may suit some Member States more than others. Ireland believes this should be left up to
the operators to decide. As well as that strong safeguards should be in place to ensure end users do
not incur additional costs such as, for instance, the levying of wholesale or retail price increases as a
means of incentivising switching to fibre. Therefore, we would also agree with the proposal for a
derogation mechanism to protect end users with no adequate alternatives in the case of copper
switch-off.

Not clear how much the NBI and SIRO business models are dependent on Copper Switch-Off but it's odd that the Department is so dis/uninterested. It stands to reason that, whatever about the state of the poles themselves, the presence of multiple, heavy, wide-diameter, copper cables increases the risk of pole failure in high winds.

…and Eircom had nothing much to say on the topic.

Eircom's submission

With regard to copper switch off, provision of the ‘toolbox’ as proposed by the consultation
could be helpful, if sufficiently straight forward and if this avoids adding unnecessary complexity.

Minister O'Donovan once more. Que sera sera. And unfazed by European deadlines.

Deputy Colm Burke asked the Minister for Culture, Communications and Sport the progress made to date by his Department in relation to the decommissioning of the copper broadband network, taking into account that the European Commission has set 2030 as the preferred deadline date for the complete switch-off of copper networks across Europe; and if he will make a statement on the matter. [68966/25]

Patrick O'Donovan Minister for Culture, Communications and Sport
The Government’s Digital Connectivity Strategy (DCS) aims to have all Irish households and businesses covered by a gigabit network by 2028.
The main copper network is owned by Eir (a private entity) and as such the ongoing operation and maintenance of this network is a matter for them. The process by which eir can retire this network is laid out in ComReg Decision D09/23, “Framework for the Migration from Legacy Infrastructure to Modern Infrastructure.”
The starting point of the transition process is by way of a proposal by Eircom (‘Eircom’s Switch-off Proposal’) providing ComReg with information on how Eircom plans to migrate from its legacy network to modern infrastructure. When ComReg is satisfied that Eircom’s Switch-off Proposal fulfils the Framework conditions set out in this Decision, ComReg will approve it at which point Eircom’s Switch-off Proposal becomes Eircom’s Switch-off Plan (the ‘Switch-off Plan’). The Framework for the transition from Legacy Infrastructure to Modern Infrastructure, consists of three phases: An Enablement Phase; A Migration and Switch-off Phase; and A Decommission Phase.
To date no plan has been approved by Comreg.
It should be noted that the timing of the switch-off is ultimately a commercial matter for Eir subject to it complying with the provisions of ComReg’s decision. However, the Department continues to engage with both ComReg, through a bilateral working group on Copper Switch Off, and Eir to keep apprised of any developments in this area.

Formal 'Copper Switch-Off proceeds by exchange area. Eircom are supposed to get each plan approved by ComReg including 100% coverage by agreed alternative technologies and service products. There's meant to be notice periods to retailers and customers. Decommissioning is the last part.

ComReg told the Oireachtas Committee on 12th Nov that they had still not received a plan from Eircom.

Elsewhere Eircom apparently told the Department that 80% of the 6,000 poles downed by Storm Eowyn was due to falling trees, but it stands to reason that the fibre is more secure if they take away the copper.

Eircom’s new copper migration incentive has been turned down by ComReg.

Unlike the previous scheme, ComReg says the new incentive would encourage retailers to favour openeir, have "loyalty inducing effects", and that the discount (max €2.50/mth) was unlikely to be passed on to customers.

https://www.comreg.ie/publication/response-to-consultation-and-final-decision-on-assessment-of-a-wholesale-ftth-discount-scheme-wn2025-21-notified-by-eircom-limited-under-comreg-decision-d05-24

Under WN2025-021, the discounted price is conditional on Access Seekers [retailers] achieving a 15-20% higher FTTH growth on the Eircom network during a six-month eligibility period starting June 2026, than their 2025 average FTTH growth. Discounts on new FTTH connections would apply for 24 months from January 2027, with "new connections" defined as premises not previously on Eircom FTTH, including copper migrations but excluding FTTH-to-FTTH on-net transfers.
According to Eircom, the notified discounts are designed to "drive FTTH connection growth, promote competition in the FTTH market and build momentum for CSO".

ComReg, however, is not satisfied that this [Copper Switch-Off] will not be at the expense of fair competition between Eircom and other network operators including in particular, SIRO and Virgin Media.