The forthcoming Communications (Regulation) Bill contains provisions relating to access by telecommunications operators to public highways for the construction of telecommunications networks. Under the Bill, it is proposed that such operators will be required to obtain the consent of the road authority before they can open a road to lay telecommunications infrastructure in that authority's functional area. It is also proposed that a road authority will be able to make its consent subject to specific conditions enabling it to co-ordinate road openings and to require operators to share trenches and provide spare ducts for future use by other telecommunications operators.
The Bill provides that conditions laid down by the road authorities must be non-discriminatory and transparent. The Bill also enables the Minister for the Environment and Local Government to make regulations, after consultation with the Minister for Public Enterprise, governing the conditions that may be laid down by road authorities. It is envisaged that these new proposals will enable road authorities to properly control access to public highways by telecommunications operators, without unduly inhibiting the installation of telecommunications infrastructure around the country. The current position is that Bill is with the Office of the Parliamentary Counsel to the Government. My Department is actively pursuing the matter with the Government Legislation Committee in order that the Bill will be assigned due priority in the legislation programme.