Following a complaint from BT Ireland (‘BT’), to the Commission for Communications Regulation (‘ComReg’), in March 2008. ComReg initiated an investigation in relation to an alleged breach by Eircom Ltd (‘Eircom’), of its access, non-discrimination and transparency obligations as set out in the Wholesale Broadband Access Market Analysis[1].

In respect of the specific complaint from BT, ComReg has considered both parties submissions. Based on the information received, ComReg does not consider Eircom to be in breach of its obligations in this case.

After full consideration of the evidence, ComReg concludes that BT’s allegation that Eircom has broadband-enabled the Newtownforbes RSU exchange, without notifying Other Authorised Operators (‘OAO’s’), while actively selling its retail broadband service, is unfounded for the following reasons:

At the time of the complaint, the Newtownforbes RSU exchange was not broadband enabled.

There are a relatively small number of lines serving the Newtownforbes area from the Longford exchange with a DSL indicator, of which the proportion provided by OAO’s is in line with the market share of OAO’s, indicating that Eircom Retail did not have discriminatory access to information.

[1] As established in Sections 5, 6, and 7 of Market Analysis – Wholesale Broadband Access, Decision no. 03/05 of 24 February 2005