Eamon Ryan (Dublin South, Green Party)

The regulation of telecommunications operators, including regulatory issues surrounding access by operators to other operators' networks, including infrastructure, is the responsibility of the Commission for Communications Regulation, ComReg, in accordance with the requirements of the Communications Regulation Act 2002 and the regulations which transpose the EU regulatory framework for electronic communications.

The building of physical infrastructure for the purpose of providing electronic communications services is a matter for commercial decision by the service providers. In a fully liberalised market, network operators cannot be statutorily required to open their infrastructure for use by other service providers unless they are found by ComReg to hold significant market power. No mobile telephone operators have been found to hold such power in Ireland. However, the European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003, provide operators with a right to negotiate interconnection with another operator for the purpose of providing publicly available electronic communications services and also oblige requested operators to negotiate interconnection requests.

These regulations also make it a function of ComReg to encourage and, where appropriate, ensure adequate access, interconnection and interoperability of services in accordance with the regulations in the interest of efficiency, competition and benefits to end users.

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