Courting the regulator on interconnectors

As if the past 10 days have not been trying enough for the Office of the Director of Telecommunications Regulation, it is now…

As if the past 10 days have not been trying enough for the Office of the Director of Telecommunications Regulation, it is now facing another bruising battle in the High Court - in addition to its Supreme Court appeal against a recent High Court decision on the third mobile phone licence.

The latest to target the besieged regulator, Etain Doyle, is Eircom, formerly Telecom Eireann.

It is seeking a judicial review of her ruling on how it should make available to rivals its interconnector network.

Eircom may well have learned one valuable lesson from the Orange/Meteor fiasco.

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The High Court challenge prevented Meteor from setting up its service, despite being granted the licence.

Similarly, the ruling on interconnector rates - vital to the liberalisation of the market and laid down following European Commission regulations - is suspended pending the outcome of the latest action.

It now appears there is more than one way to skin a regulator; you can simply neutralise the process by court appeal.