Jim O'Keeffe (Cork South West, Fine Gael)
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Question 54: To ask the Minister for Communications, Energy and Natural Resources if charges are being imposed by the National Roads Authority for access to ducts on motorways and national roads and the scale of such charges [37894/10]

Eamon Ryan (Dublin South, Green Party)
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Section 21 of the Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010 provides that the National Roads Authority (NRA) is the relevant authority for applications from telecommunications service providers to install telecoms equipment under national roads including motorways. The local authorities remain the relevant authority for applications relating to road openings for telecoms purposes on regional and local roads.

Under the 2010 Act the NRA are allowed charge for administration work they incur as a road authority, including road re-instatement costs that take place after road works carried out by telecommunication service providers. Local authorities are allowed charge similar costs in relation to regional and local roads. These charges existed prior to the 2010 Act but were applied only by Local Authorities. The 2010 Act extends this power to the NRA in the case of motorways and national roads.

In addition, the Act provides that the NRA may make a scheme to charge for the use of its ducts on national roads. This power to charge was necessary to avoid market distortion and possible State Aid complaints. All other infrastructure owners, be they in the public or private sector, also charge for access to their infrastructure.

This scheme is subject to the approval of the Minister for Transport, following consultation with the Minister for Communications, Energy and Natural Resources and the Minister for Finance.

Earlier this year the NRA engaged in a public consultation on a draft scheme setting out the Authority's proposed policy regarding the use of underground national road capacity by network operators. My understanding is that the response to this consultation was quite positive and that the respondents did not raise any major issues with the draft proposals contained in the NRA's document.

The Act obliges the NRA to act in an open and transparent manner in setting charges for access to ducts on the national road network.

Recently, the Authority has submitted a paper to the Department of Transport on approaches to be adopted in developing a draft charging scheme. In line with the statutory obligations a copy of this proposed charging scheme was sent on to my Department and to the Department of Finance earlier this week for our consideration prior to Department of Transport giving its formal approval for the proposal.

All three Departments will quickly complete their respective consideration of the proposals so as to expedite the necessary formal approval for the Authority's proposed scheme.

In the various Departments' deliberation on this matter the overriding objective is to ensure a charging regime that will be competitive and will provide both cost-effective solutions and alternative competition to potential customers for broadband backhaul.