New appeals panel will oversee decisions made by ComReg

The Government will appoint Mr Hugh Mohan, chairman of the bar council, as head of a new appeals panel to oversee decisions made by the communications regulator, later today.

The panel, which can overrule decisions taken by the Commission for Communications Regulation (ComReg), will hear a recent appeal made by the new entrant to the telecoms market, Hutchison 3 Ireland shortly.

Hutchison 3 Ireland has appealed a decision by ComReg that it has significant market power and is therefore dominant in the market for call termination. This decision would enable ComReg to impose price controls on the mobile firm, which is planning to begin operations in the Republic in a few months.

The panel will comprise three additional members - all of whom have legal, regulatory, commercial, technical or financial experience - Mr Philip O'Brien BL, Ms Margaret Heneghan BL and Ms Catherine Woods BA.

Mr Hugh Mohan, who will act as chairman of the appeals panel, was called to the bar in 1985 and was appointed in the summer to the prestigious position of chairman of the bar council.

Each appeal to a ComReg decision will be heard by three members of the panel, which will remain independent in the exercise of its functions and will determine its own procedures to hear appeals as fast as possible.

Until now, telecoms companies have only been able to appeal ComReg's decisions to the courts, a process which has resulted in lengthy delays.

Last year Eircom appealed ComReg's decision, on the price at which other firms could access its network, to the courts. Eircom later settled the case with ComReg but not before a significant delay to the whole process.

It is hoped the new appeals panel will provide a fast track dispute resolution process that will persuade firms not to take legal action against ComReg decisions. However, if firms are unhappy with the decision, they can refer the issue to the courts.

ComReg initially opposed the Government's proposal to set up an appeals panel arguing that it would "create legal uncertainty, and risk overlap and contradiction between the board and decisions by the High Court."

The Minister for Communications, Mr Dermot Ahern, rejected this analysis and is considering whether to extend the appeals panel to other areas such as energy and aviation regulation.