BEREC Opinion on Phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972: Cases IE/2021/2332-2333. Market for access to the public telephone network at a fixed location for residential and non-residential customers (M1/2007) in Ireland. Market for call origination on the public telephone network provided at a fixed location (M2/2007) in Ireland

On 18 June 2021, the European Commission registered a notification from the Irish national regulatory authority (NRA), the Commission for Communications Regulation (ComReg), concerning the markets for retail fixed telephony services (RFTS) and wholesale fixed access and call origination (FACO) in Ireland.

In its draft measure, ComReg notifies national retail markets for fixed telephony services (stand-alone low level and retail bundles with low and high level telephony), and urban and regional wholesale markets for fixed telephony (both low and high level). The draft measure proposes to designate Eircom as having significant market power (SMP) in the relevant regional wholesale FACO market and proposes the imposition of a range of regulatory remedies on Eircom including access remedies, obligations of transparency, non-discrimination, price controls and accounting separation.

On 16 July 2021, the Commission sent a serious doubts letter opening a phase II investigation pursuant to Article 32 of Directive (EU) 2018/1972. The Commission’s serious doubts concern ComReg’s proposed market definition, the three criteria test and the SMP assessment.