Eamon Ryan (Dublin South, Green Party)

This section provides for agreement to be reached between the postal service provider and a universal service provider on access to the latter's network. The intention behind the drafting amendments is to ensure decisions made by ComReg on access will be subject to the appeals provisions provided for. Amendment No. 45 to section 47 inserts a new appeals section. The amendment to section 28(3) clarifies that the steps to be taken by ComReg under the subsection relate to the resolution of a dispute in the event that an agreement is not reached. The amendment to section 28(4) makes it clear a decision by ComReg not to intervene or to discontinue intervention in resolving a dispute is a decision to be made by it and, as such, may be appealed under the proposed new section 47. The amendment to section 28(5) clarifies that the action taken by ComReg under the subsection in resolving a dispute is appealable under the new section 47.