Vol. 439 No. 1
23 Mr. Broughan asked the Minister for Transport, Energy and Communications the terms and conditions of the licence issued by his Department to ESAT; whether it includes a provision for voice telephony services; and if he will make a statement on the policy he intends to implement with regard to the derogation from competition in voice telephony services.
29 Mr. Gilmore asked the Minister for Transport, Energy and Communications the terms of the licence issued by him under section 111 of the Postal and Telecommunications Act, 1983, to ESAT Telecommunications; the payments required of ESAT in respect of this licence; if this licence covers voice telephony services; the reason it was necessary for him to clarify to Telecom Éireann the definition of voice telephony services; if he is concerned that, arising from this clarification, Telecom Éireann felt compelled to lease voice telephony lines to ESAT despite Telecom's fears about the possible implications for Telecom Éireann; and if he will make a statement on the matter.
51 Mr. E. Kenny asked the Minister for Transport, Energy and Communications if, as reported, he has issued a licence to a private undertaking (details supplied) to market telecommunication services in this country; the services involved; and the terms, financial and otherwise, of the licence issued.
52 Mr. E. Kenny asked the Minister for Transport, Energy and Communications if he has satisfied himself that the undertaking to which he is reported to have issued a licence to market telecommunication services in this country will be competing on level terms with Telecom Éireann; that creaming off of lucrative services to the detriment of telecommunication users generally and of a return on the substantial State investment in the telecommunication services over the years is not involved in the licence; the way in which he has ensured this; and if he will make a statement on the matter.
I propose to take Questions Nos. 23, 29, 51 and 52 together.
The terms of the value added service (VAS) licence issued to ESAT Communications Ltd. are identical to those contained in any other such licence. They are too detailed to go into here but I will arrange for a specimen to be placed in the library of the House for perusal by Deputies. The ESAT licence issued in December 1992 on payment of the fee of £1,000.
VAS licence holders are entitled to provide certain telecommunications services that are not within the exclusive privilege of Telecom Éireann. These include voice services on lines leased from Telecom Éireann as long as these services do not amount to "voice telephony" within the meaning of the Telecommunications Services Regulations 1992, which transposed Directive 90/387/EEC on the establishment of the internal market for telecommunications services through open network provisions, into Irish law. Voice telephony so defined remains within the exclusive privilege of Telecom Éireann as set out in S.87 of the Postal and Telecommunications Act of 1983.
Following consultation with the Attorney General's office and with EC Commission officials, I was satisfied that what was proposed by ESAT does not infringe the voice telephony monopoly of Telecom Eireann and I so informed the company. Telecom Éireann subsequently agreed to provide leased lines to ESAT as required by the terms of the 1992 Regulations.
