Minister Bruton Refers Review of Pricing and Access Arrangements for MANs to Comreg

The Minister for Communications, Climate Action and Environment Richard Bruton TD today published the independent review of the operation of the MANs by enet, titled "Review of pricing and access arrangements for the MANs" and referred it to Comreg, the Commission for Communications Regulation.

The Review was commissioned by the Department of Communications, Climate Action and Environment in 2017 and was carried out by Analysys Mason consultants. The review examined pricing of MANs products and compliance by enet with the key principles underlying the MANs Concession Agreements, which are: to provide open access to the MANs on an equality of treatment, non-discriminatory and transparent basis to all service providers.

The review made a number of recommendations which are currently being implemented by enet including a reduction in the maximum annual price of dark fibre by over 50% to €2.60 per metre.

The review identified that enet was not in compliance with the agreed Code of Practice in relation to its approach to intercompany transfer pricing. The Minister has requested Comreg to:

Establish whether enet complied with its obligation under the Code of Practice to offer managed services on the MAN's in the context of national end to end services at non-discriminatory prices such that its related company, enet Telecommunications Networks Ltd did not obtain a material unfair advantage.

Confirm the revised intercompany transfer pricing arrangements in place are in compliance with the Code of Practice.

Confirm that the Analysys Mason recommendations are being implemented.

Based on the findings of its review, make recommendations to the Minister.

Furthermore, as recommended by Analysys Mason, it has been agreed that the Department of Communications, Climate Action and Environment will review the impact of the recommendations in improving the transparency of pricing, ensuring non-discrimination between ETNL and other Internet service providers (ISPs) and increasing separation from ETNL in Q1 2020.

The Minister said,

More information on the report, and the document is available here: Review of pricing and access arrangements for the Metropolitan Area Networks (MANs)

The MANs Programme is comprised of 88 State-owned telecoms networks, which facilitate retail service providers in delivering high speed broadband services to their retail customers, without having to build their own networks.