Catherine Murphy (Kildare North, Social Democrats)
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219. To ask the Minister for Communications, Climate Action and Environment the amount applied for and drawn down to date under the encroachment element of the contingency subsidy that is capped at €100 million in the context of the National Broadband Plan; and if he has received a request to decrease or increase that capped threshold. [44030/21]

Ossian Smyth (Dún Laoghaire, Green Party)
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NBI has not applied for or drawn down any contingency subsidy in respect of encroachment by another operator in the Intervention Area.    

The Department has engaged extensively with industry since 2013 through multiple public consultations to determine as accurately as possible where commercial operators have existing high speed broadband networks and where they have plans over the next 7 years to deploy high speed broadband networks. The Department's High Speed Broadband Map (available at broadband.gov.ie) shows the extent of the State Intervention area and also the areas targeted by commercial services as notified by industry to the Department through these consultations.

The NBP contract provides a mechanism for National Broadband Ireland (NBI) to apply for compensation for encroachment in the event that other commercial operators have deployed a future proofed high speed broadband service, of a fibre or equivalent high speed broadband technology, in advance of NBI's own deployment in the intervention area. This contingent subsidy can only be applied for in specific circumstances and is subject to robust governance mechanisms. The encroachment element of the contingency subsidy is capped at €100m and can only be applied for where the Department determines a commercial deployment of high speed broadband meets the requirements set out in the NBP contract, specifically a deployment of a fibre or equivalent high speed broadband technology, and that this deployment has had a negative impact on NBI's business case.  The consultation on the NBP map that was carried out in the second half of 2019 in advance of contract award, which established industry’s up to date infrastructure and future plans, has reduced the likelihood of the encroachment element of the contingency subsidy being sought.