Eircom opts for appeal on ruling by regulator

Eircom is appealing a ruling that would force its chief financial officer to "sign off" on financial information it provides to the communications regulator, writes Jamie Smyth, Technology Reporter

The appeal is being heard by the Electronics Communications Appeals Panel - a new body set up by the State to oversee decisions by the Commission for Communications Regulation (ComReg).

Eircom is also refusing to comply with separate directions issued last month by ComReg that would force it to open its network for use by competitors.

A meeting with operators to discuss new processes that would make it easier for rivals to use Eircom's local access network - the final mile of its network that runs into homes - was cancelled yesterday by ComReg.

It is understood Eircom has told ComReg that it is considering lodging a separate appeal to the Electronic Communications Appeals Panel on its directions.

Appeals to the State-appointed panel take at least five months to complete and could further delay the opening of Eircom's local access network to competitors. If unhappy with the appeals panel's decision, it is also open to the appellant to lodge a High Court challenge.

Esat BT, Smart Telecom and Leap Broadband are all eager to begin offering their own broadband services over Eircom's local access network. However, so far fewer than 2,000 of Eircom's 1.6 million lines have been opened to competitors for their own broadband and telephone services.

Last month ComReg directed Eircom to make changes to the process through which it rents its network to competitors. These changes would enable a faster and more efficient transfer of customers from Eircom to rivals that would invest in equipment to offer services on the "local loop".

In its decision notice last month, ComReg said the process of "local loop unbundling" had been fraught with difficulties.

Meanwhile, The Irish Times learned yesterday that Eircom lodged its first appeal to the electronic communication appeals panel last month.

The company is appealing a direction by ComReg that would force its chief financial officer, Mr Peter Lynch, to sign off on information that it provides to the regulator. This information is required to enable ComReg to set charges that other operators pay Eircom to interconnect their own traffic with Eircom's network.

Rival operators have accused Eircom of charging them too much, while ComReg has in the past complained that Eircom has not provided either accurate or timely information on these charges.

Eircom said yesterday it was appealing issues of "a technical nature" in the decision. On the issue of local loop unbundling, a spokeswoman said no final decision had been made on an appeal.

ComReg would not comment.