COMREG NEWS

ComReg sets the framework for the regulation of wholesale broadband markets

ComReg published two decisions on its assessment of competition in the wholesale physical infrastructure access (PIA) market and wholesale broadband markets, which set out the regulatory framework that will apply in these markets. ComReg found that Eircom has significant market power (SMP) in the PIA market and in the next generation wholesale fibre broadband market. To ensure fair competition, Eircom will remain subject to a range of SMP-based regulatory obligations, but certain obligations have been scaled back relative to those imposed on Eircom to date. For example, Eircom will have pricing flexibility to set wholesale fiber-to-the-premises (FTTP) broadband prices at any level it chooses and to also offer discounted prices for wholesale fibre-to-the-home (FTTH) broadband services. In addition, ComReg has removed SMP regulation from Eircom in the Wholesale Central Access (WCA) broadband market. The full article and decisions can be found here.

ComReg publishes Consultation Procedure Guidelines

ComReg has published guidance on the procedures to be followed when it is required to conduct a public consultation in the performance of its regulatory functions. Such consultations are designed to present an opportunity for stakeholders to make representations to ComReg, which may consider their views in the context of reaching a decision on a particular matter. Consultations may take a variety of forms to best suit any decision-making process. Prior to a formal public consultation, preliminary discussions with affected parties or representative groups or associations may take place. ComReg is to set a reasonable period for consultation, depending on the specifics of the proposal, and welcome submissions from all interested persons, including end-users, manufacturers and providers of services. The guidelines can be found here.

INDUSTRY NEWS

Vodafone and Three's UK merger faces competition investigation

The UK's Competition and Markets Authority ("CMA") has commenced a formal investigation into the proposed merger between Vodafone and Three in the UK. The two mobile operators agreed to combine their UK operations last year, which would create the biggest mobile operator in the country. The two companies aimed to close the deal before the end of 2024. However, the CMA is still conducting a Phase 1 review to determine whether the deal could lead to a "substantial lessening of competition" in the country's mobile telecommunication services sector. The CMA also submitted an invitation for third parties to comment by 9 February 2024 on the potential impacts of the proposed merger. If the deal proceeds, the merged company will have more than 27m subscribers and plans to invest €11 billion to accelerate the roll-out of 5G across the UK in the next 10 years. The full article can be found here.

Eir's fibre broadband reaches almost 1.2m Irish premises

Open Eir, Ireland's wholesale telecommunications operator, has succeeded in connecting almost 1.2m homes and businesses to its fibre broadband network. This marks an increase of about 200,000 premises compared to February 2023. The Irish telecoms provider is aiming to roll out its gigabit broadband network to 1.9m premises in Ireland by the end of 2026. This would represent 84% of homes and businesses in the country and Open Eir further expects to spend €250m per year in order to meet this commitment. The full article can be found here.

New project aims to prepare Ireland for 6G using Open RAN

The Energise project aims to reduce the energy usage of radio access networks ("RAN") and to deal with the escalating demands of the telecoms industry which will pave the way for sustainable 6G networks. Researchers at Connect, the Science Foundation Ireland Research Centre at Trinity College Dublin believe that Open RAN technology has the potential to considerably reduce energy consumption. The co-ordinator of the Energise project, Professor Marco Ruffini, commented that "Open RAN networks hold great promise for the future of telecommunications, providing the flexibility and scalability necessary to facilitate rapid deployment of advanced communication services.'' The project has been granted €2.3 million of funding from Ireland's Disruptive Technologies Innovation Fund. The full article can be found here.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.