Eircom to pay €2.8m fine after ComReg investigation
Eircom's Civil Engineering Infrastructure — which is its physical network infrastructure such as ducts, poles and chambers which are used to convey copper and fibre optic cables — is required to make this infrastructure available to other operators so they can deploy their own cables if they choose.
Eircom has agreed to pay a fine of €2.8m issued by communications regulator ComReg after it was found to have not fully complied with its obligations to make network infrastructure information available to other providers.
According to ComReg, Eircom Ltd’s Civil Engineering Infrastructure — which is its physical network infrastructure such as ducts, poles and chambers which are used to convey copper and fibre optic cables — is required to make this infrastructure available to other operators so they can deploy their own cables if they choose.
For this, companies require access to Eircom’s passive access records (PAR), which details the location and available capacity of Eircom’s infrastructure if it wishes to plan its own network rollout.
“ComReg considers any failure by Eircom to provide full access to PAR as a significant concern,” the regulator said.
In August 2019, ComReg began an investigation into Eircom’s compliance with its obligations and whether it was allowing full access to PAR.
The investigation resulted in findings of non-compliance.
ComReg noted Eircom acknowledged its initial implementation of remediation in November 2021 “fell short of full compliance” and it remained in breach of the relevant obligation.
The regulator issued proceedings in the High Court on August 12, 2022, seeking declarations of non-compliance as well as orders directing compliance by Eircom and remediation of the issues.
It also requested that the High Court impose a financial penalty on Eircom.
“ComReg acknowledged that Eircom’s implementation of the remaining remediation measures identified to it by ComReg on March 24, 2023, were addressed to ComReg’s satisfaction, amounting to full remediation by Eir of the incidents of non-compliance,” the regulator said.
On Wednesday this week, Eircom agreed to pay a penalty of €2.8m to resolve the matter and €200,000 in ComReg’s costs.
Eircom also acknowledged it failed to give full access to PAR as required and “under the same conditions and of the same quality” as the company provides to itself.
