Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 24: To ask the Minister for Communications, Energy and Natural Resources if he has been in negotiations with ComReg to ensure open access to existing telecommunications infrastructure to facilitate competition; and if he will make a statement on the matter. [35576/09]

Eamon Ryan (Dublin South, Green Party)
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Effective competition is a key cornerstone for the development of the electronic communications market. Open access to communications networks is crucially important to the development of the competition needed for the market to thrive. The importance of open access and competition has been continuously highlighted in policy governing electronic communications, most recently in my policy paper "Next Generation Broadband: Gateway to a Knowledge Ireland".

The question of ensuring open access to telecoms infrastructure is a matter for ComReg as part of its function of regulating the telecoms markets in accordance with the requirements of the EU Regulatory Framework for electronic communications. ComReg is independent in the exercise of its regulatory functions and is required by law to exercise its powers impartially and transparently. Under the Access Directive of the EU framework, ComReg is required to ensure adequate access and interconnection that promotes efficiency, sustainable competition and gives the maximum benefit to end users. Where an operator is found to have significant market power in a specific market, ComReg shall impose, as appropriate, obligations on transparency, non-discrimination and accounting separation in relation to interconnection and/or access. In addition, obligations on access to specific network facilities, including unbundled access to the local loop, infrastructure sharing and operational support systems, may also be imposed.