Barry Cowen (Offaly, Fianna Fail)
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763. To ask the Minister for Communications, Climate Action and Environment if a company (details supplied) will be able to build broadband infrastructure in non-intervention areas; if this is in breach of state aid rules; the protections in place that prevent state aid rules being broken; and if he will make a statement on the matter. [31066/19]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 732 and 763 together.

The NBP State intervention is a gap funded model.  While National Broadband Ireland (NBI) will be a commercial operator, its primary function will be to deliver the obligations set out in the NBP Contract.  NBI cannot use the State aided network or subsidy in breach of State aid law.

In addition to this function, NBI is also under a general obligation under the contract to comply with State Aid, meaning NBI is required to ensure it does not use any assets subsidised by the State in a manner that would breach State Aid law.  

There are also reporting and monitoring obligations across the NBI contract, such as accounting separation and open book accounting.  This is to ensure there is full transparency regarding proper use of the subsidy year on year.