James Lawless (Kildare North, Fianna Fail) | Oireachtas source

Ms Lennon did not need to.

I have questions on the maintenance of the network, its roll-out and developments in the properties within Eir's domain. I realise it is no longer in the tender but it is trying to service properties.

Regarding the roll-out, Naas is one of many places in the light blue area on the tender maps where Eir proposed to tackle commercially rather than being part of the tender. I am familiar with some properties that come up as being light blue but when one follows up on them, they are not connected. While this does not happen overnight but what percentage of properties have been connected? Is there a completion date? Is Eir confident that 99% of properties will be complete by February 2019 or whatever the date is? I am keen to get those dates and that status.

Eir is no longer involved in the tender. However, it seems that the amber areas of the map, which were in the intervention area, are standing still. I have constituents in those areas. I do not hold Eir responsible for the tender which is a different ball game now. However, not only is the tender happening any time soon, but these people do not have access to much maintenance. They are not getting the bog standard service enhancements and offers or basic maintenance that might bring them from 2GB to 4GB or 5GB. They are not at 30GB or 100GB yet, but they might have 1GB or 2GB, or have different solutions in place. What level of maintenance is Eir engaged in for the rural network in intervention areas where it has existing customers? They might be wholesale customers with a different product. Has Eir walked away from the amber areas altogether or is it servicing those customers and trying to do some upgrades along the way?

My final question relates to the points made by Deputy Dooley and the Chairman. I have observed the relationship between Eir and the other telecom companies and ComReg in recent times. It appears that Eir has a somewhat more litigious attitude or approach than the others. This is typified by article 19 of the access directive. ComReg made a decision to impose administrative sanctions and Eir's corporate approach was to counter sue and bring it through the courts. My understanding is that the legal argument was that the State did not properly transpose the directive. That may be so and it is costing the State money. I understand that a commercial company must make its own decisions but while that may be the letter of the law, it is not the spirit of the law. I am questioning the thinking there and those kinds of challenges. Eir must also take a bet that the costs will be less than the €10 million by the time it comes out or it will have lost money through the challenge.