Cork-based internet company convicted and fined for failing to comply with regulations

Macroom District Court heard that customers who wanted to complain also found it difficult to contact the companies, Tipp Broadband and Rural Broadband, by phone or email

The court heard that ComReg became aware of various issues with the company in 2024 including customers not receiving proper contracts, not being informed of the legal cooling off period, not being given internet speed commitments and not getting correct bills and sometimes getting no bills. File photo: Dominic Lipinski/PA

An internet service company has been convicted and fined in the district court for failing to comply with regulations.

The Commission for Communications Regulation (ComReg) prosecuted VOIP and Internet Services Limited of Carhue, Timoleague, Co. Cork. The company faced a total of four charges, two under each of its different trading names Tipp Broadband and Rural Broadband.

The company was charged with two counts of failing to respond to a 13D request pertaining to customer contacts and two counts of failing to prepare, publish, keep updated and implement a code of practice for complaints handling, one count each under each trading name. 

Defence solicitor Patrick Goold told Macroom District Court that the company was pleading guilty to the charges.

ComReg testimony

Acting for ComReg, Donnchadh McCarthy BL instructed by Mason, Hayes and Curran solicitors, said the company operated two separate websites, one under the Rural Broadband name and one under the Tipp Broadband name. He said the maximum penalty under the legislation was a €5,000 fine on each charge.

Giving evidence, ComReg compliance operations manager Miriam Kilraine said the company had been licensed to provide internet services since 2009. 

The court heard that ComReg became aware of various issues with the company in 2024 including customers not receiving proper contracts, not being informed of the legal cooling off period, not being given internet speed commitments and not getting correct bills and sometimes getting no bills.

Ms Kilraine told the court that the company also required a three-month notice period of customers who wished to move service provider or cancel the service. She said under the legislation customers were not required to give any notice to move service provider and were only required to give one month’s notice if they intended to cancel the service altogether.

The court was told that under both trading names a code of practice was not easily accessible on the websites. It was also not apparent what customers' rights were if they were not happy how a complaint was dealt with. 

Ms Kilraine said customers should also have been immediately provided with a reference number if they wanted to change provider but this was not done. She said customers who did want to complain also found it difficult to contact the company by phone or email.

Ms Kilraine said one customer who had cancelled the service was owed €600 by the company and was told by a former director that the company had been sold. The customer was told that the new owners would be asked about the refund.

The court was told that ComReg’s concerns were communicated to the company but the company failed to respond in an adequate manner leading ComReg to issue a statutory request for information which also was not complied with.

Ms Kilraine said she received an email from a company director in May 2025 asking if she had received documents but told the court that ComReg had not received anything from the company. Ms Kilraine said it was only the second occasion during her 10 years in the job that a company had failed to provide information.

Defence

Mr Goold said VOIP and Internet Services had faced increasing competition in 2024 as fibre broadband came on stream in their areas of operation. He said the company faced a large number of cancellations and the regulatory issues flagged by ComReg had “hit them like a tsunami”.

He said the directors had been in the process of trying to sell the company for two years and that this was nearly completed. He said that, according to the latest accounts, the company made a profit of €11,000 and was effectively a small local business being “run from their garden shed.” 

He said: “In reality they can’t compete anymore.” Mr Goold said in the circumstances the company “had tried to do its best".

Judge John King said the only credit he could give the company was the guilty plea and said he was shocked by the company’s behaviour. 

He convicted and fined VOIP and Internet Services Ltd €3,750 on each of the four charges allowing six months to pay. He also awarded legal costs of €5,000 plus VAT to the prosecution.

Funded by the Courts Reporting Scheme.