The Commission for Communications Regulation (ComReg) is responsible for the regulation of the electronic communications sector in accordance with national and EU legislation. One of ComReg’s functions in this regard is to determine the scope of the Universal Service Obligation (“USO”) for the Irish market and decide which undertaking(s) should be designated as the Universal Service Provider(s) (“USP”). On 29 July 2016 ComReg designated Eircom as the USP for access at a fixed location (“AFL”) until 30 June 2021.
Regulation 10 of the European Communities (Electronic Communications Networks and Services) (Universal Service and Users’ Rights) Regulations 2011, (“the Regulations”) requires the USP to publish information on its performance in relation to the provision of the USO. In exercise of ComReg’s general powers to publish information under Regulation 10 of the 2011 Framework Regulations, ComReg simultaneously publishes the performance data with Eircom on a quarterly basis, while Regulation 31 of the Regulations requires the Regulator to monitor compliance with the Regulations.
ComReg D02/08, published on 28 May 2008, set legally binding performance targets for Eircom to meet its obligations in respect of the services referred to in Regulation 3 of the Regulations. In accordance with ComReg D02/08, the failure by Eircom to achieve any of the targets constitutes non-compliance with its regulatory obligations. ComReg has powers, under Regulation 31 of the Regulations, in relation to monitoring compliance and enforcement of such obligations.
Following the publication of ComReg D02/08, and the clarification of certain issues, ComReg invoked Regulation 10 (6) of the Regulations to ensure the completeness and accuracy of the data submitted by Eircom by arranging for an independent audit of the data. Accordingly, performance information published by Eircom is subject to independent external audit. ComReg also obtained technical input to verify that the definitions and the basis of calculation of each of the key metrics of the performance data were based on European Telecommunications Standards Institute (ETSI) standards.
From 1 January 2016, the performance improvement programme (PIP3) ceased and the Quality of Service performance obligations applicable to Eircom are set out in D02/08. Provision of Universal Service by eircom – Performance Data – Q3 2016 (1 July 2016 – 30 September 2016) ComReg 17/21 Page 6 of 21
The Eircom performance data with respect to Q3 2016 (1 July 2016 to 30 September 2016) are presented in this Information Notice having regard to the performance targets set out in ComReg D02/08, ComReg 08/371 . Performance data in relation to other elements of the USO, which are not subject to the legally binding targets, are also presented in this Information Notice.
