ComReg issues update on wholesale fixed access charges decision

14 Mar 2022

Ireland’s Commission for Communications Regulation (ComReg) has issued a statement regarding the decision it published in December 2021 – Decision D11/21 – relating to the setting of prices for several regulated wholesale fixed line access services. Whilst fixed line incumbent eir appealed the decision in January 2022 and sought a stay on the operation of D11/21 pending the outcome of the appeal, ComReg has now confirmed that the Commercial Court dismissed eir’s application late last month.

In so doing, the court has reportedly taken into account an undertaking given by Vodafone and Sky that should eir be ultimately successful in its appeal, they will ‘repay to [the incumbent] the difference between the decision price and the pre decision price and, if lower than the pre decision price, the price to which Eircom may be found to be entitled following determination of the Appeal in respect of wholesale prices paid [by Vodafone and Sky]’.

As a result of the Commercial Court’s ruling, ComReg has confirmed that the prices set out in D11/21 have applied since 1 March 2022, while it noted that the hearing of eir’s appeal is scheduled to commence on 19 July 2022.