Communications regulator ComReg has formally notified Eircom that it is favouring its retail division over other operators when it comes to facilitating customers moving premises.
Under European regulations, Eircom, as the incumbent operator, is obliged to provide services to other operators on exactly the same basis as it does to any of its subsidiaries or partners.
The investigation was prompted by a complaint ComReg received from a customer in January. The customer had placed an order regarding a move of premises both with Eircom's retail arm and another operator. Following an investigation by ComReg, it concluded that Eircom was providing a more favourable service to itself than it was to the other operator.
As a result, ComReg published on its website a copy of an official notification that it sent to Eircom stating that the operator was non-compliant with its non-discrimination obligation.
Eircom has one month from July 20th to respond.
A spokesman for ComReg said it would await a response from Eircom before making any decision on how to proceed.
"We do reserve the right to use any powers, that we have on an historic [ basis] or any of the new powers we have, against Eircom should that be necessary."
Under the recently enacted Communications Regulations (Amendment) Act, ComReg can fine a telecoms operator up to €5 million if it is found to be in breach of regulations.
An Eircom spokeswoman said the company takes any incidents of non-compliance with regulations very seriously. She said the company would be reviewing the notification from ComReg and would respond within the specified timeframe.
Separately, ComReg announced plans on Monday to consult with the industry and make proposals "in relation to telecommunications service disruption minimisation".
This is believed to be a direct response to the recent threat of strike action by members of the Communications Workers' Union at Eircom. The threat was lifted last week following negotiations at the Labour Relations Commission, but other operators say they had received no communication from Eircom on how it could guarantee them service if the strike had gone ahead.
