Dáil Éireann debate -
Thursday, 6 Nov 1997

Vol. 482 No. 5

Written Answers - MMDS Licensing System.

Ivan Yates

Question:

31 Mr. Yates asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will refer the terms of the MMDS licensing system to the Competition Authority for investigation in order to decide whether it is anti-competitive in precluding other forms of competition; and if she will make a statement on the matter. [18264/97]

Tánaiste and Minister for Enterprise, Trade and Employment (Miss Harney)

Responsibility for the MMDS licensing system rests with my colleague, Deputy O'Rourke, Minister for Public Enterprise. The Director of Telecommunications Regulation also has a policy role; in particular the director has responsibility for the issue of licences and for the making of regulations, subject to the consent of the Minister for Public Enterprise, to provide for new licensing schemes.

If the Deputy has concerns about the compliance of this system with competition rules, it is open to him, or to anyone else who has such concerns, to make a complaint to the Director of Competition Enforcement. The Competition (Amendment) Act, 1996, created the position of Director of Competition Enforcement to give effect to the public enforcement provisions contained in that Act. The director can investigate possible breaches of the competition rules, either on his own initiative or as a result of complaints made to him. Following such an investigation, he may recommend to the Competition Authority that it institutes proceedings under section 6 of the 1991 Competition Act.

An individual or firm can also pursue allegations of breaches of competition rules by taking civil action under section 6 of the Competition Act, 1991. The courts are the ultimate arbiter in regard to competition law or indeed commercial law generally.