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. Ronan Lupton:

Yes, they should be quick and meaningful sanction powers. There is a second issue that is extremely important for the committee's work. In 2003, the communications regulator operated with staff levels of approximately 120 people. At a minimum, 70 staff need to be put into ComReg. The industry pays for this and the funding would not come from the Exchequer. ComReg's recent returns reported that €136 million was returned to the Exchequer on a cost outlay of €32 million. That is the most up-to-date information. We are calling for more resources, including lawyers, economists, wholesale compliance staff, retail staff if necessary. This also applies to national broadband plan. A plethora of people are required to buffer the regulator and do so quickly.

The third issue of market reviews will be resolved with resourcing and a surge, if that is appropriate, of people going into ComReg. The fourth issue is what Mr. O'Dwyer spoke about. It is a highly complex issue and difficult to address in the time available to Mr. O'Dwyer. I should be very clear about it. The regulatory governance model affects the ability of the people before the committee - the new entrant operators - to provide competitively priced high-speed broadband services to all the nation. We are required to use the services of the incumbent from time to time and if it is not correct or there are non-compliance or discrimination issues built in, they must be dealt with and ComReg must get going on that piece of work faster than it says it will.

I mentioned in my opening comments the matter of a new board within Eir. Very high-profile executives are due to take seats on that board. Compliance with regulation should be at the forefront of their minds, as should the facilitation by Eir of its wholesale customers - the telecommunications operators we represent - for the benefit of the consumer. This requires a reduction in prices and facilitation of high-speed services.

Mr. O'Brien mentioned the 5G impasse, a straightforward issue that I will not get into. Another point is worth noting and Deputies Dooley and Ryan will be aware of it. The issue of passive infrastructure, namely, access to poles and ducts, is controversial as it can upset constituents if roads and so on are being dug up. Eir has that infrastructure and to some extent the ESB network is available as well. We need fit for purpose access to passive infrastructure as new entrants and we call on the committee to consider that issue for its report. There are five or six points that we have noted as being key to resolving many of the bottleneck issues and constraints that stop consumers from obtaining effective services and these have the effect, if not remediated, of keeping prices high in the market.