Dublin City Council has been told its draft regulations for those seeking to dig up the city's roads may be challenged in the courts because the ESB has allegedly been given an advantage over telecoms providers.
Under the Communications Regulation Act 2002, local authorities may regulate road works carried out by communications network operators or infrastructure providers, such as Bord Gais, telecom companies and the ESB.
In drawing up a priority list for access to the roads, the city management decided that essential services, such as sewage, water and electricity, should have priority over telecoms companies, such as Eircom or Esat.
First priority for access to the streets was allocated to providers of water services, while the second was mains drainage schemes. In third position came the ESB for electricity transmission or distribution, while these were followed by traffic signalling services and finally telecoms providers.
However, following representations from Fine Gael councillor Mr Gerry Breen, the ranking of service providers has been referred to the council's law agent to see if it gives the ESB the power to install telecoms systems on its power cables, and so have a priority access for any of its telecoms business ahead of other telecoms.
During its public consultation period the city council received submissions from the Telecommunications and Internet Federation of IBEC; Brendan Hughes & Associates, Technical Consultants; ComReg; the Commission for Communications Regulation; the ESB; COLT Telecom Ireland Ltd; ntl; Atkins Telecoms on behalf of Cable & Wireless UK; ALTO, the Association of Licensed Telecoms Operators; Esat BT and Eircom.
The ESB submission said telecommunications cables were frequently installed alongside electricity distribution and transmission cables in order to control and operate the latter.
The Irish Times has been told the telecoms companies are seeking legal clarification, and a challenge would be mounted if the position remains unchanged.
