Joanna Tuffy (Dublin Mid West, Labour)
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Question 127: To ask the Minister for Communications, Energy and Natural Resources the position regarding the value for money and policy review on phase one of the MANs programme; when he will decide on the progression of a further phase of MANs; the position in relation to the current status of MANs; the number of towns it has been delivered to; and if he will make a statement on the matter. [10579/08]

Eamon Ryan (Dublin South, Green Party)
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The provision of broadband services is a priority for the Government. In this context, the primary role of the Government is to formulate regulatory and infrastructure policies to facilitate the provision of high quality telecommunications services by competing private sector service providers. The broadband market in Ireland is fully liberalised and regulated, where appropriate, by ComReg, the independent Commission for Communications Regulation.

However, where markets fail in the telecommunications and broadband sectors, Government must act. Government infrastructure policy addresses market failure through investment in international connectivity and regional backhaul, the construction of the open-access Metropolitan Area Networks (MANs), part-funding rural broadband access networks under the Group Broadband Scheme (GBS) and under the upcoming National Broadband Scheme. The MANs Programme involves the construction of high-speed, open-access Metropolitan Area Networks (MANs) in towns and cities nationwide in partnership with local and regional authorities. Phase I of the MANs Programme saw the construction of open access duct and fibre networks in 27 cities and towns that are now offered to telecommunication service providers on a wholesale basis to allow them to provide services without the need to build their own networks.

A total of 94 towns were selected for investment under Phase II. There have been a number of developments since the decision to proceed with Phase II was made. All towns selected for investment under the MANs Programme now have at least one broadband provider competing over multiple technology platforms — DSL, wireless, mobile and satellite. In addition, the Department of Communications, Energy and Natural Resources commenced a Value for Money and Policy Review of Phase I of the MANs Programme last year. This report is almost complete and will be published in the coming weeks.

The Department has also prepared a draft policy paper on Next Generation Broadband Networks, which will review current communications infrastructure policy and will provide options on the optimum future role for Government in facilitating the roll out of high speed broadband networks. An International Advisory Forum, made up of international experts in the electronic communications sector, met two weeks ago to critique the draft policy paper. The paper will soon be published for public consultation. In these circumstances, I decided that it would be prudent to delay the signing of contracts for the construction of new networks, until I have had an opportunity to consider and assess the implications of the value for money report and the outcome of the consultation on the Next Generation Broadband policy paper. In the meantime, the MANs that are under construction in 66 towns are proceeding as planned.

Joe McHugh (Donegal North East, Fine Gael)
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Question 128: To ask the Minister for Communications, Energy and Natural Resources if he has plans to give more powers to ComReg to enforce LLU; his views on whether the powers given to OfCom in the UK in this regard, especially in terms of the levels of the fines it can impose, could be used as a model; and if he will make a statement on the matter. [10688/08]

Tommy Broughan (Dublin North East, Labour)
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Question 130: To ask the Minister for Communications, Energy and Natural Resources if he has plans to enhance ComReg's enforcement powers; if he is satisfied that the regulator is empowered to regulate the broadband sector effectively at present; and if he will make a statement on the matter. [10573/08]

Eamon Ryan (Dublin South, Green Party)
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I propose to take Questions Nos. 128 and 130 together.

The provision of electronic communications services, including broadband is primarily a matter for private sector operators. Statutory responsibility for the regulation of electronic communications service providers and the implementation of local loop unbundling rests with the Commission for Communications Regulation (ComReg). Open access for service providers is critically important and ComReg's recent resolution of outstanding issues around Local Loop unbundling is a very welcome development. I understand that a fit-for-purpose LLU product range is now available to alternative operators who wish to avail of the services.

In relation to ComReg's enforcement powers, the Deputy may be aware that these were substantially enhanced by the Communications Regulation (Amendment) Act 2007 including:

The creation of new summary, indictable and continuing offences for breaches by operators of obligations imposed by ComReg;

Conferring on ComReg, competition law powers, to allow it to investigate and prosecute anti-competitive behaviour or abuse of dominance in the electronic communications sector; and

Providing ComReg with increased information gathering powers and power to Investigate overcharging.

I have no further plans in this regard.