Telecoms and communications companies will face stiff penalties if they fail to allow infrastructure sharing without good cause under proposals drafted by the Department of Public Enterprise.
The proposals establish a legal framework enabling companies to appeal decisions by operators who refuse access to masts or ducts in public roads to a new regulatory commission.
The commission, which would be established under the auspices of the Communications (Regulation) Bill, would have the power to take legal action against an operator which refused access without due cause.
A successful prosecution would enable the commission to fine an operator up to £500,000 or 10 per cent of revenue. It is understood officials are awaiting advice from the Attorney General on whether the commission may be given powers to impose summary fines which would not require court approval.
The proposals will encourage the sharing of communications infrastructure and remove some of the pressure for individual companies to dig up public roads and build telecommunications masts.
Earlier this year The Irish Times reported that 11 separate companies were digging up roads in Dublin and that the Dublin city manager, Mr John Fitzgerald, believed many refused to share their networks and insisted on digging up major roads individually. The proposals are also considered important in the medium term due to the extensive roll-out of telecoms infrastructure expected with the introduction of third-generation mobile telephony to the Republic. Sources within the Department of Public Enterprise said yesterday the proposals would "tip the balance in favour of sharing infrastructure by providing a legal framework to handle disputes.
"The proposals will encompass all forms of network communications, including telecoms and broadcasting. So you could have RTE sharing with a third-generation mobile operator," said the source.
The new proposals will be included in the Communications (Regulation) Bill, which will go before Government early next year. They will replace similar proposals contained in the Telecoms Infrastructure Bill. However, they will not give sweeping powers to companies to gain access to private land. This controversial element of the Telecommunications Infrastructure Bill was opposed by the Minister for Public Enterprise, Ms O'Rourke, and it is understood the entire Bill will be withdrawn shortly.
