Two issues arise from the Deputy's comments, both of which involve elements of the truth. The issue of unbundling the local loop has gone to the European Parliament which will complete its consideration of the matter this week. The issue will then go back to the Council of Ministers on 22 December for ratification. Two matters arise from this. First, whether Eircom will get a proper return in modern terms for the infrastructural cost of installing the copper wiring and, second, the percentage rate of return over that cost. The regulator, Etain Doyle, is pursuing this matter with the intention of fixing a fair price.
The second issue involves NTL's geographic spread. This is a real issue as NTL, and not Eircom, is the dominant entity in some urban areas. This is a matter for Etain Doyle but I will have an input into the policy issue of how that is devised.
The other issue raised by the Deputy is very important. Eircom, like other operators, has a telecommunications licence which does not allow the company to provide television services over its network. However, the company has said it would like to provide such a service and has set this as an objective. Two difficulties arise from this. First, it is uncertain whether it is technically feasible to provide television services over a copper network using the DSL technologies. Second, the use of Eircom's copper network for the provision of this type of service may or may not be seen as infringing a cable operator's exclusive franchise. Etain Doyle has sought public consultation on these issues and received replies. She is examining the situation and will announce a judgment. This is a difficult situation but a solution will have to be found if it proves unfeasible to use the copper network.