THE EXCLUSION of broadband satellite companies from tendering under a scheme to provide State aid to companies to extend broadband services to remote areas was done without consultation and is unfair, unreasonable and invalid, the Commercial Court was told yesterday.

Anthony Collins SC, for National Broadband Ltd (NBL), a satellite broadband provider with offices at the Georgian Village, Castleknock, Dublin, was opening the company's challenge to its exclusion from tendering under the National Broadband Scheme (NBS).

The action against the Minister for Communications, who proposes to award a contract under the scheme next month, is being heard in the Commercial Court.

NBL is challenging the Minister's decision communicated to it on January 14th last which, it alleges, excludes satellite broadband providers from tendering under the NBS and exhibits an "anti-satellite bias". The NBS is intended to provide improved access to broadband internet services in areas within the State currently without such services.

To implement the NBS, the Minister established a methodology to identify current and prospective broadband coverage within the State which involved preparing a map of the State divided into areas where broadband is (1) currently available; (2) will be available in the foreseeable future; and (3) will not be available in the foreseeable future.

In preparing the map, the Minister invited submissions for broadband service providers regarding their coverage in the State.

However, while having regard to submissions from providers using digital subscriber line or wireless/mobile technology, the Minister refused to take account of submissions from satellite service providers, NBL complains.

The case continues today.