| Ms Hanafin Firstly thank you for your response. It may surprise you to learn that this is the first response I have received from a Fianna Fail TD on this matter, despite my having contacted every TD by email prior to the report stage of the Communications (Regulations) Act 2002 and my local TDs on a number of occasions. Local opposition TDs have been a little more forthcoming, all having sent me a personal response to each communication (some handwritten, some with sincere requests for more information) Before making a detailed response to your very welcome communication I would like to request a response to the following points (based on the points raised in your mail to me): 1. The National Development Plan has indeed achieved a number of targets, notably in the west and north-west of the country, in building an infrastructure of fibre capable of providing increased traffic. However, almost all of this fibre has remained unlit over the past two years. It is analagous to building a network of roads, not allowing traffic on it and deeming the project a huge success. It would, by the way, be a mistake to respond to this point with a statement that this project is progressing well and will be finished soon. It's finished and has been for the past two years. Does the government plan on taking steps to ensure that the project it funded is used? If so, what and when? 2. With regard to local loop unbundling, it is true that the regulations are in place. However, if I were Minister of State with reponsibility for the Information Society, I would check to see how many lines (or even exchanges relative to the total) had been unbundled before listing the implementation of the regulations as a success. Additionally, LLU, though a worthy and necessary endeavour, has little to do directly with the rollout of any brand of xDSL. While it will facilitate some telecoms companies in rolling out their own self-administered branded DSL products it is not a necessary ingredient and hence not a factor. For example, broadband rollout in the UK began before a single local loop was unbundled; it has continued to (dramatically) outpace LLU since its introduction and will continue to do so. Let me stress the point: there is no necessary direct relationship or correlation between local loop unbundling and broadband rollout, except perhaps on a political level. The UK market is obviously different to the Irish market; however the technology is the same. Does the government realise the lack of a necessary connection between LLU and DSL rollout? If so, why is the connection implied? 3. The recent introduction of a number of state-wide flat-rate related Internet products from two companies in the Irish market is obviously a welcome development for Irish businesses. However, as you are no doubt aware, these products are not full flat-rate products and additionally are only available off-peak. The obvious solution is FRIACO. The favoured evaluation of Irish Internet access (see ODTR document 2/50) - "internet penetration rate" - fails to address the greater issues of active internet users and average online minutes per month. The ODTR's own report has a damning indictment of what it styles the "active Internet Universe in Ireland". What steps will the government (not just the ODTR)take to help or ensure the introduction of an affordable flatrate product (implied by the Communications (Regulation) Act 2002)? 4. With regard to the negotions between Eircom and the OLOs (Other Licensed Operators) negotiations have been stalling for two years. I use the term "stalling" as the then CEO of Esat Fusion, Derek Kickham mentioned on August 29 of last year that Eircom were taking over two months to respond to basic queries concerning LLU and a possible FRIACO-style offering from Esat. I grant that communications may have improved since then - given that it is not likely to be within your sphere of knowledge, I am not asking you for news of progress on this matter. In any event I fully appreciate that as a government/regulatory body matter you might not wish to inform me, though I will be checking to see if the existence (not contents) of such communications fall under the FOI Act. The current Director of the ODTR is fully aware of the slow communications; in any event, on my asking Etain Doyle (in person on August 29 of last year) the question of whether such a communications delay would be considered a "breakdown in communications" (as covered by her remit and discretionary powers), I failed to elicit a response, except to say that it was up to the negotiators to make a declaration that the negotiations had broken down. This is of course not the case - the discretionary powers are clear. Does the government have a view on exactly when negotiations between two parties necessary to preserve and expand the telecomunications industry have broken down? If so what is it and what steps is it willing to help the process progress? 5. Therefore I would submit that the Director's powers under the Interconnection Regulations are indeed needed - they are just not being used. I understand, as implied from your reply, that you neither have the power to enforce them, nor to insist that they be enforced: I am merely informing you that, in my opinion (and doubtless the opinion of other replies that you may receive over the lifetime of this government), they need to be enforced by someone, whether that enforcer is the current ODTR, the forthcoming CCR or a government Minister. Will the government ensure that steps are taken to ensure the well-being and progress towards well-being of the telecommunications industry (and hence Irish businesses not involved in telecoms)? Rather than simply throwing money at the problem, will there be a commitment to ensure that projects that are begun are also finished (see first point above)? 6. On 1 May 2002 Minister O'Rourke announced the following: "Ireland will be the first country in the EU to have a minimum standard of 5 Mbits for home users and substantially higher for business. Within 5 years we will have wired the island." On the same date a press release (available at http://www.fiannafail.ie/breaking_news.php4?id=582) stated "Within 3 years Fianna Fáil will provide cheap, open-access, “always-on” broadband infrastructure throughout the state, placing Ireland within the top 10% of OECD countries for broadband connectivity". This ties in neatly with Minister O'Rourkes statement from 29 September 1998 (available from http://www.irlgov.ie/tec/press97-00.../sept29th98.htm): "I hope Telecom Éireann will now turn their attention to address the issue of introducing a flat rate Internet charge. Such a move would be a major boost to the promotion of Ireland as a centre for E Commerce". Obviously only the first two statements are effectively promises, the third is merely an aspiration made available by the Minister from a government office. However, recognising the old adage of never making a promise outside election time that can't be kept, has the government abandoned this four-year old aspiration? If it has not, what steps is it itself prepared to take to ensure the progression towards affording Irish citizens the same facilities available in almost all other developed countries (and a surprising amount of undeveloped ones - list available on request)? I am, however, interested in whether you would personally consider such slow communications mentioned above as tantamount to a "breakdown in communications". I fully understand that you may consider it a regulatory matter, outside your remit to respond but would appreciate your knowing that at least one person is fully aware of the sham of a situation in which the negotiations are. "Competition" is a word bandied about by all, from Mario Monti down to local hackney drivers. Competition without effective regulation is a philosophy that has been abandoned even by Milton Friedman. The key word is "effective". Anything else is simply window dressing. I fully recognise and appreciate the hours you put in in your Ministerial position. I for one was greatly pleased, based on your outstanding work in your previous ministry, when you were given the appointment. This is certainly not a compliment I pay very often. As a member of no political party, I base my evaluation of the performance of a Minister on that actual performance and not based on the views of a TD's grandfather on who owns Antrim. These are steps that need to be taken now. These are the issues on which your reputation as effectively Ireland's eMinister will depend. This is obviously just a brief mail with a few points. I would appreciate as full a response on the above as you are prepared to give at your earliest convenience. Genuine Regards... |