The High Court has adjourned to tomorrow matters relating to the conduct of a legal challenge by Eircom to a decision by the communications regulator to reduce the charges imposed by the company on competitors for use of its local access network.
Mr Justice Kearns was told yesterday that both sides were close to agreeing terms to "modify" a stay imposed earlier this month by the court on the pricing decision by the Commission for Communications Regulation (ComReg).
The stay was originally granted when Eircom undertook, in the event of it losing its challenge, to reimburse those who had in the interim to pay amounts over and above the charges set in a ComReg directive that was to have come into effect some weeks ago.
Yesterday, Mr Donal O'Donnell, SC, for ComReg, said the case related to the process of "local loop unbundling" and the significance of the regulator's decision was that it was a "benchmark for competition in telecommunications".
Mr Dermot Gleeson SC, for Eircom, said his side was arguing the regulator has made some very serious errors. Counsel said the court would be asked to deal with two motions regarding the conduct of the proceedings.
Mr Gleeson added that both sides were modifying the terms of the stay granted to Eircom and it was anticipated there would be no issue regarding that.
Mr Justice Kearns said he would put the matter in "for case management" tomorrow.
Eircom claims ComReg's decision will mean some €3 million in lost revenue to the company annually and will also affect its ability to undertake much-needed investment.
It claims the decision means it will have to rent its local access network to competitors below cost and, as a consequence, all prices across wholesale and retail services would be distorted.
