Liam Twomey (Wexford, Fine Gael)
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Question 108: To ask the Minister for Communications, Marine and Natural Resources if he has issued directives in respect of the completion of local loop unbundling with particular reference to the need to achieve the highest possible availability of broadband; and if he will make a statement on the matter. [28046/05]

Bernard Durkan (Kildare North, Fine Gael)
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Question 260: To ask the Minister for Communications, Marine and Natural Resources if he has issued directives in respect of the completion of local loop unbundling with particular reference to the need to achieve the highest possible availability of broadband; and if he will make a statement on the matter. [28133/05]

Noel Dempsey (Meath, Fianna Fail)
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I propose to take Questions Nos. 108 and 260 together.

Local loop unbundling, LLU, is mandated by a European Council Regulation and responsibility for its implementation is a matter for the Commission for Communications Regulation, ComReg, under the Communications Regulation Act 2002 and the transposed EU Regulatory Framework for Electronic Communications Networks and Services.

ComReg is independent in the execution of its functions in accordance with the provisions of the 2002 Act. As Minister with policy responsibility for the electronic communications sector, I can issue strategic policy directions to ComReg, as I may consider appropriate, in the interest of proper and effective regulation of that market.

As recently as March 2004, policy directions were issued by my predecessor, the Minister, Deputy Dermot Ahern, including one on broadband. This direction required ComReg to use regulatory and enforcement tools, where necessary and subject to relevant requirements under European and national law, to support initiatives to develop broadband and remove regulatory barriers, if any exist, to such initiatives.

The Deputy may be aware that LLU was the subject of a court case earlier this year. ComReg directions to Eircom in relation to LLU were found to have denied Eircom's right to appeal to the Electronic Communications Appeals Panel. ComReg's directions were subsequently withdrawn and ComReg is working with Eircom and the industry on the issue.