Oireachtas Joint and Select Committees

Tuesday, 12 June 2018

Joint Oireachtas Committee on Communications, Climate Action and Environment

Broadband Service Provision: Discussion

12:30 pm

Mr. John O'Dwyer:

I will speak about the regulatory governance model. I had to look up the regulatory governance model to be sure what it is. By 2011, there had been years of difficult times marked by problems with trying to get the original broadband going. There had been arguments, complaints and disputes against the old Eircom. There was a change of management in 2011. The new managers decided it was going to reform Eircom, try to improve its relationship with industry and work better with industry. They made some commitments to the industry. I remember a big meeting at the Gibson Hotel. They made a commitment to the industry that they would work better. We are now finding in some of the documentation - we did not know this at the time - that Eircom made commitments to ComReg about how its reform would work. Eircom has documented this. Basically, it made voluntary commitments to the regulator around non-discrimination and improving its relationship with industry, etc. Those voluntary commitments comprise what we call the regulatory governance model. Eircom committed to having a better model to improve the situation, but there was no noticeable change from 2011 until approximately 2015. We carried on having disputes and complaints, etc. In August 2015, when we were having some difficult discussions about issues we were having with broadband at the time, Eircom published a document that was distributed by email to everybody in the whole industry. It was quite stunning to receive this document, which was not necessarily distributed as confidential, from Eircom. It described the whole regulatory governance model that the company had agreed in 2011. This was the first time we saw it. In the paper, which highlighted and documented a number of issues of discrimination or compliance that Eircom was having, the company recognised the issues and set out what it was going to do about them. We might have disagreed with the detail of some of the solutions, but at least they were there. The document in question is quite technical. It is difficult to digest whether the many issues covered in it are actually very serious. Some of them-----