Noel Dempsey (Meath, Fianna Fail)

This is already legally mandated. Responsibility for the promotion and regulation of local loop unbundling lies with ComReg under section 10(4) of the Communications Regulation Act 2002 and the transposed EU regulatory framework for electronic communications networks and services. Access to Eircom's or any other operator's network is governed by the directives that comprise the EU regulatory framework and in particular the access directive. ComReg can impose access obligations on an operator on foot of a finding of significant market power in an appropriately defined market and any such finding is subject to the approval by the European Commission. The Bill allows the Minister to make the breach of such obligations an indictable offence with proportionate penalties. On that basis, amendment No. 13 is not necessary.

Regarding amendment No. 14, the telecoms market is fully liberalised and regulated by ComReg whose objectives include the promotion of competition and the promotion of the interest of users. In an open market decisions on investment, the provision of telecommunications services and the development and roll-out of telecommunications technology are primarily a matter for the industry itself based on commercial considerations.

On amendment No. 15, section 10 of the principal Act, as amended, already enables ComReg to carry out investigations on its own initiative and as a result of a complaint made by an end user or an undertaking. However, the primary responsibility for a complaint resolution must be retained by the operator as it has the direct relationship with the consumer and every consumer is entitled to receive a minimum quality of service standard.

With regard to universal service obligations, ComReg will conduct a public consultation on the setting of appropriate performance targets for the delivery of the universal service during April of this year. Where there is a persistent failure to meet performance targets, the regulations already provide ComReg with a mechanism to take court action to secure compliance. What Deputy Broughan's proposes in this amendment is already covered in legislation.

Regarding amendment No. 16, it would therefore not be appropriate to impose such a mandatory requirement on all fixed line operators as suggested in this amendment. It particularly would not be right to do it in primary legislation. Eircom, however, as the designated universal service provider is obliged to satisfy any reasonable request for a land line and ComReg has set out the guidelines for the timescales in meeting the requests for connections.

I will deal with the other questions raised on the roll out of broadband. Apart from the work being done by the Department and the Government on the roll-out of the metropolitan area networks, the steering group was set up in my Department in association with ComReg at the end of last year and it is finalising a scheme to bring a broadband service to those parts of the country where the private sector is unable to justify the commercial provision of broadband connectivity. When fully rolled out, the national broadband scheme will ensure that all reasonable requests for broadband from households and businesses in rural areas can be met.

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