Leo Varadkar (Dublin West, Fine Gael)
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Question 1566: To ask the Minister for Communications, Energy and Natural Resources his plans to introduce new legislation requiring open access to all existing telecommunication masts; and if he will make a statement on the matter. [33125/10]

Eamon Ryan (Dublin South, Green Party)
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The regulation of telecommunications operators, including regulatory issuessurrounding access by operators to other operators' networks including infrastructure is the responsibility of the Commission for Communications Regulation (ComReg) in accordance with its functions under the Communications Regulation Act 2002 and the Regulations, which transpose the EU Regulatory Framework for Electronic Communications.

Network operators cannot be statutorily required to open their infrastructure for use by other service providers unless they are found by ComReg to hold significant market power (SMP). No mobile phone operators have been found to hold SMP in Ireland. However, the European Communities (Electronic Communications Networks and Services) (Access) Regulations 2003, provide operators with a right to negotiate interconnection with another operator for the purpose of providing publicly available electronic communications services and also obliges requested operators to negotiate interconnection requests.

These regulations also make it a function of ComReg to encourage and where appropriate, ensure, adequate access, interconnection and interoperability of services in accordance with the regulations in the interest of efficiency, competition and benefits to end-users.