I have no direct role or function in relation to the issue raised in the Question. This is a matter for telecommunication operators, operating on a commercial basis subject to relevant planning laws. These operators function in a liberalised market, regulated by the Commission for Communication Regulation (ComReg).
Section 57 of the Communications Regulation Act 2002 provides network operators with the right to negotiate an agreement to share physical infrastructure. ComReg may specify the time in which negotiations must be concluded. ComReg may also take steps to resolve any dispute, according to its own procedures. ComReg may impose conditions for infrastructure sharing. ComReg must consider a range of factors, including, the interest of consumers of electronic communications services, the public interest, including traffic control and the protection of the environment and of amenities, and the desirability of encouraging the sharing of electronic communications infrastructure.
Article 44 of the European Electronic Communications Code provides that “where an operator has exercised a right under national law to install facilities on, over or under public or private property …. Competent authorities may impose co-location and the sharing of network elements and associated facilities… in order to protect the environment, public health, public security or to meet town and country planning objectives”. My Department is currently in the process of transposing the European Electronic Communications Code into Irish legislation. How best to implement Article 44 in the State is also being considered.
