Eircom wins ‘unbundling’ challenge

EIRCOM has won a High Court challenge to the procedure adopted by the Commission for Communications Regulation (Comreg) in seeking to enforce directions aimed at advancing “local loop unbundling”, the process of opening the last mile of Eircom’s telephone network to rival firms.

Mr Justice Liam McKechnie yesterday held that Comreg, in requiring Eircom to comply by February 14 last with two directions from ComReg concerning local loop unbundling, had deprived Eircom of its rights of appeal and therefore acted unlawfully.

He found ComReg was not entitled to limit Eircom’s right of appeal, including its right to seek suspension of implementation of the directions complained of pending the outcome of the appeal.