Vol. 467 No. 4
308 Mr. Molloy asked the Minister for Transport, Energy and Communications if his attention has been drawn to the fact that some companies in the marketplace are using router technology for voice services and other companies are forced to comply with his Department's rulings; his views on whether this has created an unfair advantage; and if he will make a statement on the matter. [13171/96]
309 Mr. Molloy asked the Minister for Transport, Energy and Communications the action, if any, he intends taking in cases where he has determined that companies have been using router technology outside of the terms of their licence; whether compensation will be offered to companies who have complied with the legislation and the directions from his Department; and if he will make a statement on the matter. [13172/96]
310 Mr. Molloy asked the Minister for Transport, Energy and Communications the investigation, if any, he has carried out in respect of the usage of routers for voice services; whether certain Irish companies in the Irish market, including ESAT Telecommunications Limited, are complying with the terms of their licences; and if he will make a statement on the matter. [13173/96]
I propose to take Questions Nos. 308, 309 and 310 together.
The use of router technology by telecommunications services providers for services such as fax and data is within the terms of their licences. However, because the use of router technology for transmission of voice services relies on the simultaneous use of two switched network termination points, then in circumstances where all of the other essential elements of the definition of voice telephobny as set out in Irish and EU law are present, it constitutes voice telephony as defined and would not be within the terms of the licences.
All licensees, including Esat Telecommunications Limited, were recently advised of this following an investigation by the regulatory division of my Department. I should stress that this is a complicated business, both technically and legally and needed detailed consideration. I can assure the Deputy that all service providers were informed of my views at the same time and in the same terms.
With regard to compliance with licence conditions and action to be taken in particular instances, this will be dealt with on a case by case basis within an overall regulatory framework which is being finalised by my Department and which will be communicated to all service providers shortly. In connection with that framework, my Department is putting in place a mechanism to monitor the traffic of service providers to establish the facts as to compliance in any particular case. I can also say that where necessary, direct dial capacity is being configured or restricted so as to be sufficient for the provision of liberalised services only.
