Kathleen Lynch (Cork North Central, Labour)
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Question 107: To ask the Minister for Communications, Energy and Natural Resources if he has plans to enhance ComReg's enforcement powers; his views on whether the powers given to Ofcom in the UK in this regard, particularly in terms of the levels of the fines it can impose, could be used as a model; 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. [14656/08]

Eamon Ryan (Dublin South, Green Party)
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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 rests with the Commission for Communications Regulation (ComReg). 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;

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

the provision of increased information gathering powers and power to investigate overcharging.

As part of the preparatory work on the 2007 Act, international regulatory models were looked at. The final shape of the legislation reflects international best practice while also having regard to the constitutional position here. I am satisfied that the current suite of powers available to ComReg enables it to effectively regulate all the sectors for which it has responsibility, including the broadband sector. I have no further plans to change ComReg's enforcement powers.