I have no direct role or function in relation to the issue raised by the Deputy. This is a matter for telecommunication operators, operating on a commercial basis. These operators function in a liberalised market, regulated by the Commission for Communication Regulation (ComReg).
However, Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks requires operators of communications, together with certain energy, transport and waste water networks to negotiate agreements to share their network physical infrastructure with public communications networks operators, if requested, unless there are objective reasons not to do so in any particular case.
The Directive provides, among other things, for infrastructure sharing requirements and a requirement to establish a dispute settlement body to adjudicate in disputes regarding access to other networks and the terms and conditions of such access. The European Union (Reduction of Cost of Deploying High Speed Public Communications Networks) Regulations 2016 (S.I. No. 391 of 2016) transposing these requirements of the Directive were signed into law on 20 July 2016.
In addition, Article 61 of the EECC Directive (EU) 2018/1972 (‘the Code’) which is currently undergoing transposition, provides for national regulatory or other competent authorities to require the sharing of passive infrastructure by an undertaking authorised to provide electronic communications networks if it is necessary for the local provision of services which rely on radio spectrum and there is no viable and similar alternative means of access to end-users made available on fair and reasonable terms and conditions. The imposition of the obligation to share passive infrastructure is subject to the conditions provided for in that Article.