On 30 July, alternative roaming provider Cloud9 Mobile Communications Limited (“Cloud9”) submitted separate requests for dispute resolution to ComReg under the dispute resolution framework in regulation 31 of the Framework Regulations 2011 (SI 333 of 2011). The requests related to certain terms and conditions imposed by eircom Ltd (“eircom”) and Vodafone Ireland Ltd (“Vodafone”) on Cloud9 for facilities and support services for the separate sale of roaming services. On 8 August, ComReg issued information notices confirming that it had accepted both disputes, and the scope of each dispute.
In each case, ComReg will be assessing whether eircom / Vodafone is entitled to impose the following charges on Cloud9: (a) one-off connection and set-up charges; (b) monthly / recurring charges; and (c) wholesale charges for the making of regulated roaming calls, and in the Cloud9/eircom dispute, ComReg will also be looking at eircom’s requirement for a bank guarantee.
Regulation 31 of the Framework Regulations 2011 requires ComReg to work towards a four month timeframe for determining the disputes. However, in our experience this is often much longer and in some cases has been well over a year. With this in mind, Cloud9 should not necessarily be counting on an early Christmas present.