Consultation on availability of voice communications services at a fixed location (VFL) - existence of potential public policy tools

The Department of the Environment, Climate and Communications engaged the services of Analysys Mason Limited to deliver a report that considered the viability of potential Public Policy Tools (PPT) other than universal service obligations that can ensure access to voice communications services at a fixed location in the State. This report considered a range of options from a technical, procurement and funding perspective and concluded that each presented its own significant difficulties that rule it out as a viable PPT.

This consultation relates to the provisional opinion formed by the Minister informed by the Analysys Mason report which concluded that there is at this time, or over the next five years, no other PPTs available that can ensure access to VFL in the State.

The purpose of the consultation is to gather stakeholder views on the options and analysis set out in an Analysys Mason Report and whether they agree with its conclusions.

This engagement exercise is primarily aimed at current and prospective providers of voice communications services at a fixed location in the State today.

Analysis of the responses will assist the Minister in determining:

1. Whether the options considered for providing VFL were justifiably ruled out as viable Public Policy Tools.

2. Whether there are any other Public Policy Tool options that should be considered.

Following completion of this process, the Minister will form a final opinion on whether any PPT, other than universal service obligations, can ensure access to voice communications services at a fixed location across the State. The Minister will then inform the regulator, the Commission for Communications Regulation (ComReg), of that opinion in accordance with the relevant legislation.

In accordance with Part 9 of SI. No 444 of 2022 (EU Electronic Communications Code Regulation 2022), the Regulations, the Minister and ComReg are assigned specific, and in some instance interrelated, tasks that will need to be completed in relation to Universal Service Obligations.

Of particular relevance to this consultation, Regulation 72, of the above-mentioned Regulations, relates to the availability of universal service and the potential imposition of universal service obligations in certain circumstances. Regulation 72(1) specifically relates to the availability at a fixed location of voice communication services. Under Regulation 72(1) if the Minister is of the opinion that other public policy tools cannot ensure access to voice communications services in the State or any part of it as identified by ComReg, then ComReg may make a designation under Paragraph 72(3) to impose appropriate universal service obligations to meet all reasonable requests by end-users requesting voice communications services at a fixed location.

On 12 December 2023 ComReg published a report, ComReg Document No 23/115 (ComReg D10/23), determining that voice communications services at a fixed location cannot be ensured commercially in the State.

Following on from this decision by ComReg and in accordance with Regulation 72(1) of the EU Electronic Communications Code Regulation 2022, the Minister must now form an "Opinion" as to whether other potential Public Policy Tools (PPT) can or cannot ensure access to VFL in the State.

For the avoidance of doubt PPTs in the context of the provision of adequate broadband is not considered as part of this consultation.

You are invited to submit a response to the VFL Consultation document above. Interested parties should note that they are required to provide comment/feedback and provide responses to the questions set out in the Consultation Response Template.

The closing date for submissions is 5.30pm on Tuesday, 6 August 2024.

Submissions should be sent by email to VFLconsultation@decc.gov.ie or by post to:

VFL Consultation,

Department of the Environment, Climate and Communications,

Tom Johnson House,

Haddington Road,

Dublin 4

D04 K7X4

We are committed to engaging with stakeholders in a clear, open and transparent manner. Any person or organisation can make a submission in relation to this market engagement exercise. We will consider all submissions and feedback before we publish the redacted versions of submitted responses.

Your response to this consultation is subject to:

• the Freedom of Information Act 2014 (FOI)
• the Access to Information on the Environment Regulations 2007-2018 (AIE)
• the Data Protection Act 2018

Publishing of responses

We may publish the contents of all submissions received to our consultation on our website. In such circumstances we will redact (remove) personal data and commercially sensitive information before publication.

Please indicate any sensitive information

In responding to this consultation, clearly indicate where your response contains any information which you would not wish to be released under FOI, AIE or otherwise published. This can include:

• personal information
• commercially sensitive information
• confidential information

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We would like to draw your attention to our Data Privacy Notice which explains:

• how and when we collect personal data
• why we do so
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