Simon Coveney (Cork South Central, Fine Gael)
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Question 1: To ask the Minister for Communications, Energy and Natural Resources if he will introduce a regulation requiring all mobile telephone masts to open for use for all network operators in order to improve coverage and reduce duplication of masts; and if he will make a statement on the matter. [23168/07]

Eamon Ryan (Dublin South, Green Party)
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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.

Simon Coveney (Cork South Central, Fine Gael)
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This is the first opportunity I have had to wish the Minister well in his new brief. I am glad to see him in this particular Ministry because its handling by Fianna Fáil in the past five years has amounted to a succession of missed opportunities.

The Minister ought to be aware, if he is not, that Eircom has recently sold its mast network to Threefold Project Management. Given the fact that Threefold Project Management owns and manages masts for Eircom, NTL, O2 and Meteor, is it not now approaching the significant market share to justify ComReg requiring that all masts be open to all competitors to use, in the interests of consumer protection and coverage? If a Vodafone user drives between Cork and Dublin his or her telephone will cut out on at least a dozen occasions. I suspect the same problem exists with other operators and the reason is the fact that we do not have shared networks. I am sure the Minister supports the principle of ensuring Eircom's line network is unbundled and open for competition to use in the provision of services such as broadband and we should ensure the mast network around the country is treated no differently.

It is not true to say the Minister and the Government do not have the power to intervene because a telecommunications Act in the Netherlands in 2004 has done just that. If they decide not to go down the legislative route they have the power to issue a directive to ComReg to ensure it insists on the opening up of all masts to all operators, in the interests of consumers.

Eamon Ryan (Dublin South, Green Party)
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I thank Deputy Coveney for his kind words and I look forward to working with him and other Members opposite in my time in this Ministry. I hope it will lead to a beneficial exercise in policy regulation for all the people of this country.

The Deputy made the assertion that we do not have shared use but my understanding is that we do. It may well be facilitated further by the sale of the Eircom mast network. I understand some 60% of the mast network is shared at present and that figure is increasing. Those areas where it is not on the increase are mainly rural locations where there may be competitive issues concerning access but, on the whole, sharing of masts is occurring. There are regulatory powers and I encourage ComReg to use them wherever possible.

The Deputy is correct to say it is crucial we not only have access to masts but good coverage. ComReg is fully empowered to enforce licensing agreements by which mobile telephone companies must abide to ensure good coverage. If there are black spots which are in breach of the licensing conditions, ComReg has the power to act.

I agree with the Deputy that the policy we want to follow is one that brings about shared and more open access, both in respect of fixed line and mobile networks. Another step in the right direction is that, after a significant delay, we are now seeing a mobile virtual network operator, in the shape of Tesco working in conjunction with O2. Tesco operates on the O2 network to provide a separate retail service to customers. I take the Deputy's point on the need to generate open access and that is occurring in terms of the masts and the network.