Fergus O'Dowd (Louth, Fine Gael)
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Question 50: To ask the Minister for Communications, Energy and Natural Resources if he has plans to reform the Communications Regulation Act 2007 in order for ComReg not to transfer revenue surplus to the Department of Finance in order for ComReg to reduce fees and levies on operators who in turn pass on the savings to consumers; and if he will make a statement on the matter. [28994/07]

Eamon Ryan (Dublin South, Green Party)
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I have no plans to amend the Communications Regulations (Amendment) Act 2007, as suggested by the Deputy. The funding by way of fees and levies on operators in a sector is the model used among sectoral regulators generally. ComReg's income derives from spectrum licence fees and levies imposed on both electronic communications and postal providers to meet the expenses incurred in discharge of its functions.

In the case of the levies, if the monies collected exceed the cost of regulation there is a requirement under the Communications Regulation Act 2002, as amended, that ComReg repays the surplus collected pro-rata to those who paid it. Any surplus that is paid to the Exchequer is therefore in respect of spectrum licence fees which consist of two elements: an administrative fee and a fee for the right to use the Radio Spectrum. It is my view that as spectrum is a national asset, it is right that the surplus should be paid to the Exchequer.