Eircom challenges how decision over access to its infrastructure was made

Comreg issued a direction in which other providers can access the Eircom network which, among other things, involves unblocking silt and other material which has built up in the ducts
Eircom challenges how decision over access to its infrastructure was made

High Court reporters

Eircom, trading as Eir, has brought a High Court challenge over how the communications regulator decided on the way in which other service providers access its underground piping or ducting system to put in their own communications cables.

In June last year, Comreg issued a direction in which other providers can access the Eircom network which, among other things, involves unblocking silt and other material which has built up in the ducts.

Only where the other providers request a repair of the duct, so it can get access should Eircom carry out certain works, the direction stated.

The obligation was imposed on Eircom as a provider with significant market power and was designed to address associated competition problems, according to the direction.

However, the court heard, Eircom itself will now carry out the unblocking works and bear the cost of it which will be recouped over the years from other providers through rental charges for access to its infrastructure.

Eircom's appeal now centres on whether Comreg was obliged to carry out a public consultation process before it made the decision. The case is being heard by Mr Justice Michael Quinn in a Trialview online/physical hearing.

Fair procedures

In submissions on behalf of Eircom, Jonathan Newman SC, with Joe Jeffers BL, said the court had to address a number of critical issues in his client's appeal.

These include whether Comreg can decide not to conduct a public consultation process as per framework and access regulations covering these matters.

Counsel said the court must determine whether there was any proportionality and analysis in the Comreg direction. There was a requirement for the regulator to give reasons for its decision and the court must look and say whether they are coherent and cogent and that there is no error in law in it.

The court must also ask if there is compliance with fair procedures and in particular with regulations in relation to the principle of transparency and the domestic duty of candour setting out the reasons for decisions, he said.

Opening Comreg's submissions, Brian Kennedy SC disputed the claims made on behalf of Eircom. He said a number of grounds of Eircom's appeal, including the reasons for triggering an entitlement to public consultation grounds, had fallen away.

Eircom is separately appealing another direction of Comreg in relation to the wholesale market price access for other providers.

more Courts articles

Cork murder trial hears how four friends found postman Barry Daly on his back in his garden Cork murder trial hears how four friends found postman Barry Daly on his back in his garden
Judge tells jury in Cork murder case that accused's girlfriend is not the one on trial  Judge tells jury in Cork murder case that accused's girlfriend is not the one on trial 
Gavel And Justice Scale Cork judge says 'everyone seems to be passing the buck' over defendant's fitness to plead report

More in this section

Taoiseach Micheal Martin visit to Vatican City Burnham's electricity VAT cut could put pressure on Martin amid cost-of-living pressures
Court reserves judgment on student’s challenge over how UCD dealt with her studies after alleged rape Court reserves judgment on student’s challenge over how UCD dealt with her studies after alleged rape
Electric Ireland to ‘review’ letter sent to pensioner over €16 in arrears Electric Ireland to ‘review’ letter sent to pensioner over €16 in arrears

Sponsored Content

"My master's at UL taught me that structured learning and a demanding career can coexist" "My master's at UL taught me that structured learning and a demanding career can coexist"
Three days of steam, music and heritage at the 62nd National Steam Rally Three days of steam, music and heritage at the 62nd National Steam Rally
How 50 years of innovation and investment have fuelled Bord Gáis Energy – and empowered Cork How 50 years of innovation and investment have fuelled Bord Gáis Energy – and empowered Cork
Contact Us Cookie Policy Privacy Policy Terms and Conditions

© Examiner Echo Group Limited

Add Echolive.ie to your home screen - easy access to Cork news, views, sport and more