A new State-appointed body to oversee decisions made by the Commission for Communications (ComReg) will hear its first appeal by a company on July 19th.
The electronic communications appeals panel will hear an appeal lodged by Hutchison 3G Ireland against the imposition of price controls against the State's newest mobile phone operator.
It is almost a year since Hutchison filed the appeal against ComReg's decision last August to designate Hutchison 3G Ireland with significant market power in the market for mobile termination rates - the fees that mobile firms charge other operators for terminating calls on their networks.
The ruling by ComReg to designate all four mobile licence holders with significant market power would enable it to impose strict controls on the termination rates set by all mobile operators.
Until now, the mobile phone industry in the Republic has not been subject to a price cap, although Eircom continues to be subject to strict price controls.
The delay in getting the appeals panel up and running has been criticised by Eircom, which wants to appeal against the imposition of new procedures to open its network for rivals. Some industry observers have also argued that the appeals panel will only serve to further delay decisions made by ComReg as firms may still be able to appeal to the High Court following an appeal.
In a public consultation process regarding the proposal to set up a panel, ComReg said an appeals board would create legal uncertainty, and risk overlap and contradiction between the board and decisions by the High Court.
Communications Minister Noel Dempsey has appointed a pool of several people to sit on appeals boards. These are: Hugh Mohan (SC), Margaret Heneghan (barrister), Catherine Woods (economist), Paul Burns (SC), Mary Sadlier (economist), Patrick Butler (SC), Seán Barrett (economist) and Finbarr Fox (SC). Several other members are due to be appointed shortly.
The case involving Hutchison 3G Ireland will be heard by Hugh Mohan, Catherine Woods and Margaret Heneghan. It is expected that the hearing will be open to the public and media.
The Government is paying for the initial establishment of the panel but will eventually recoup this money from ComReg. The panel also retains the right to award costs for proceedings.
