Pat Rabbitte (Dublin South West, Labour) | Oireachtas source

The broadband speeds experienced at customers' premises are dependent on a number of variables which are not within the control of Internet service providers. Connections using wireless equipment such as laptops, notebooks and tablets, improve portability and convenience for the user, but at the cost of the diminished speeds compared to fixed wire connections. Even in the case of fixed line connections, speeds will be compromised if they are routed across the internal house wiring, using power line adaptors. Other variables at the users' premises which can reduce the broadband speed delivered by service providers include the equipment used by the consumers, the distance from the consumers' equipment to the network access point, the number of users accessing the broadband network in any premises at any time, and the capacity of the server being accessed in the case of the Internet. It is important, therefore, to distinguish between broadband speeds delivered to customers' premises by service providers, and the customers' experience which can deteriorate due to circumstances within the premises and beyond the direct control of the service provider. I would point out, however, that broadband speeds in the marketplace are evolving rapidly and are likely to continue to do so in the future, as new technologies and enhancements arise.

The ESB proposal, as outlined, is to install an electronic communications network on its electricity distribution network using fibre optic technology. A feature of fibre optic technology is that it is future proofed, due to its ability to deliver broadband speeds comparable to or exceeding those predicted to evolve in alternative broadband technologies. Accordingly, it is highly likely that the ESB proposal would not have any technical impediments to delivering advertised speeds at any time of the day or night. In addition, if the ESB proposal proceeds, it will enter a fully liberalised market, using the most advanced technology.

The introduction of the amendment proposed by Deputy Moynihan would impose a more onerous obligation on the ESB than applies to other competing service providers. It will also create a biased penalty or sanction, applicable to the ESB and companies with which it deals, but not applicable to its competitors. On these grounds, I cannot support the amendment proposed by the Deputy. This is not to suggest that I am unaware of the complaints that he raises regarding the advertising of broadband speeds compared to the actual user experience. I am advised that ComReg, the independent market regulator, has taken a number of proactive initiatives to address consumer concerns with respect to broadband speeds. It has worked closely with the Advertising Standards Authority of Ireland to require that advertising campaigns are realistic in marketing indicative broadband speeds, based on typical performance in the busy hour. It also provides enhanced customer information and practical advice on its website.

More recently, ComReg has announced its intention to launch a pilot project to measure, quantify and report on broadband speeds delivered to customers' premises in different settings. This project will measure speeds on the network side of routers or modems to avoid the variables that I outlined previously at representative samples of individual customers' premises who volunteered to participate. It is ComReg's intention to make this information publicly available in a manner that will allow users to assess how competing Internet service providers compare in terms of their advertised speeds versus the speeds actually delivered. I understand that ComReg plans to launch this pilot in the second quarter of this year. I fully support this initiative, which I hope will contribute to addressing our shared concerns about misleading claims made by service providers with regard to download speeds.

It is my belief that a legislative remedy, along the lines proposed by Deputy Moynihan in this amendment, which would only apply to one potential service provider, is not the appropriate way to deal with this more general concern. I trust the Deputy will accept that, for the reasons outlined, I am unable to accept the amendment.

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