Digital Infrastructure
REFUSAL OF LIGHTNET'S APPLICATION TO QUASH MINISTER'S DECISION ON NEXT GENERATION ACCESS TO NETWORKS
On 14 July 2023, the High Court delivered its judgment in the case of Lighthouse Networks Limited v The Minister for Communication, Climate Action and Environment [2023] IEHC 420. Lighthouse Networks Limited, trading as Lightnet, had made an application to have its network authorised under the National Broadband Plan by qualifying as a Next Generation Access network, which was refused by the Minister for Communication, Climate Action and Environment. Lightnet claimed that the Minister’s decision was invalid as it did not comply with the criteria set out by the Government relating to Next Generation Access networks and that there was an underlying bias against the technology it used.
Mr Justice Bolger found that the Minister’s assessment complied sufficiently with the relevant criteria and that a mere difference in opinion on compliance with technical requirements is not sufficient to prove there was bias against Lightnet. Furthermore, Lightnet had submitted insufficient information in response to the Minister’s queries.
The effect of this decision is that Lightnet’s area of operation will not be excluded from the National Broadband Plan, which means Lightnet will have to compete with subsidised broadband services, who may be able to offer services at lower prices.
COMREG NEWS
An Post to continue as designated universal postal service provider
ComReg has designated An Post as universal postal service provider for the next six years. The new designation commences on 2 August 2023, in accordance with Communications Regulation (Postal Services) Act 2011. As designated universal postal service provider, An Post will continue to provide the entire universal postal service in Ireland, which requires daily clearance and delivery of postal items (largely letters) to everyone in the State. A ComReg update is available here.
Three credits 25,000 customers
Three was notified in October 2022 by ComReg that it was overcharging 25,500 customers for Premium Rate Service (PRM) SMS and had not complied with its obligations under the PRS Code of practice. Three had charged customers EUR2.50, but should have charged EUR2.00. It was confirmed by Three that all customers have been credited and that it has taken additional measures to remedy the non-compliance. See here for more information.
48 changes decision on shorter billing cycle
Three Ireland Services (Hutchinson) Limited and Three Ireland (Hutchinson) Limited trading as “48” announced the company would retract the proposed contract change to impose a shortened billing cycle on customers. On 25 May 2023, 48 notified its customers that instead of charging membership on a monthly basis, it would be charged every four weeks.
Following the announcement, ComReg initiated an investigation concerning unfair or misleading commercial practices, as set out in the Consumer Protection Act 2007. In its promotions to customers, 48 had set out that prices were being offered “for life” and “forever”. The concern arose that the shortened billing cycle would require customers to pay more frequently, and this would lead to higher prices to consumers. 48 has now confirmed that this change will no longer be implemented and provided ComReg with commitments in relation to future conduct. The full undertaking by 48 can be found here.
ComReg publishes Network Operations Annual Report 2022
On 4 July 2023, ComReg published its Annual Report for 2022 in relation to Network Operations. ComReg notes that resilience of networks and services is an important ongoing workstream which will be an area of focus in the next year. With regard to network incidents, ComReg notes that 12 incidents were reported in 2022, four of which exceeded the EU Agency for Cybersecurity (ENISA) Threshold, and thus had to be notified to ENISA. With regard to network monitoring, ComReg launched a consultation process regarding 5G Outdoor Mobile Coverage Thresholds and has been able to map 5G within the current Outdoor Mobile Coverage Map. This enables consumers to assess 5G coverage throughout the country. The full report can be found here.
Tarifica’s Telecom Pricing Intelligence Platform chosen to analyse Irish market
ComReg has selected a telecom pricing intelligence platform by Tarifica to carry out a comparative analysis of the Irish telecoms market against 15 other countries. The platform will enable ComReg to analyse operators of mobile networks, broadband services and virtual networks’ data in relation to prices offered, including promotions and bundling options. ComReg will use the platform to ultimately make informed decisions on the Irish market in order to ensure that consumers are receiving value for the prices they pay to telecommunications operators. More information can be found here.