ESB (Electronic Communications Networks) Bill 2013 is a relatively short legislative proposal, the purpose of which is to provide an explicit legal basis to enable the ESB or any other company with its agreement to engage, now or in the future, in the installation and operation of an electronic communications network along the electricity network.
Section 3 of the draft Bill allows other telecommunications service providers the opportunity to negotiate access to ESB’s infrastructure in order to provide telecommunications services of their own.
Where the ESB agrees to grant such access, the third party operator, may, with the consent of the Commission for Energy Regulation, also exercise the way-leave rights conferred on the ESB by the relevant sections of the Electric (Supply) Act 1927. In addition, the payment of compensation to the landowner may also be appropriate.
Access to the proposed way-leave rights would not permit the ESB or any other company to enter private land to install new poles or other support structures for electronic communications infrastructure or to secure fixtures or fittings to any building. I am satisfied these arrangement would not convey an unfair advantage on any particular competitor in the electronic communications market.