An appeals system for the telecoms industry does not work and is hindering competition, according to BT Ireland. In a response to a consultation carried out by the Taoiseach's department, the company said that the Electronic Communications Appeals Panel (Ecap) is of no benefit.
The panel is a specialised body designed to hear appeals against rulings made by communications regulator ComReg. The Government set it up last year as an alternative to time-consuming court proceedings. But BT, the second biggest fixed-line player in the country, says it has hindered the development of effective and lasting competition and shackles the regulator.
"The basic problem with the Ecap is that it focuses on procedure and not the merits of the case," it says. "It gives no credence or deference to the fact that ComReg is an expert in a complex field and is bound by European law. In complex matters, 'procedural errors' can be created from the smallest set of circumstances, which in fact have no bearing on the merits of the case."
BT Ireland's chief operating officer, Mike Maloney, said yesterday that there were occasions where the company was a notice party to Ecap proceedings, but the main issue was never debated because the appeal fell on procedural issues.
The company's submission also argues that it is largely incumbent operators, which have the most to lose from increased competition, that are most likely to appeal. Mr Maloney said that if their appeal failed, they still had recourse to the court. "ComReg needs more powers, but the question then is how ComReg uses those powers," he said.
