Esat planning complaint taken up by Brussels

THE European Commission has written to the Government asking for an explanation of the planning process. The move follows a complaint from Esat Digifone to the Commission that it was facing considerable delays getting permission to erect masts.

Esat Digifone also complained that Eircell, the State mobile phone operator, had enjoyed a "six month" holiday period regarding planning. It was able to erect masts during this period without formally applying for permission.

The complaint was made to the Competition Directorate. The Department of the Environment has now received a letter from its director, Mr Karel Van Miert.

It is understood that the letter refers to Digifone's complaints and says the planning process must follow the principles of transparency, non-discrimination and proportionality and decisions should be based on objective criteria.

Mr Van Miert has asked the Department for its comments in relation to the planning issues and how they apply to the second mobile phone operator.

A spokesman for the Department confirmed that it had received a letter from the Commission. He said the Minister for the Environment Mr Howlin and the Department would be responding to the letter in due courses

Planning is a big issue for Esat Digifone which undertook to introduce its mobile phone service within nine months of receiving the licence. This means it should launch by the middle of February.

Esat Digifone did a deal with the garda to use their infrastructure and put mobile phone antennae on their masts. The deal includes providing the garda with their own mobile phone equipment and a secure user system.

However, the deal has still not been concluded and discussions are ongoing. It is understood that the Attorney General is also considering the issue.

A spokeswoman for the Department of Justice said if Esat Digifone can satisfy the Department that planning requirements for the use of garda facilities "can and will be fully met then it should be possible to conclude a satisfactory agreement"

Esat Digifone is maintaining that it is still on target for introduction in the first quarter and is confident that obstacles relating to planning will be overcome. It is currently testing what infrastructure it has in place with around 100 mobile phone users.

The Department of Transport, Energy and Communications declined to comment on whether any penalty clauses would apply if the company missed its target date introduction.