Dublin -- In an unprecedented move, the Electronic Communications
Appeals Panel (ECAP) has annulled a recent ruling by ComReg, the
Irish telecommunications watchdog, that Hutchison 3G Ireland Ltd.
(H3GI), the local subsidiary of Hong Kong-based Hutchison
Whampoa, enjoys "significant market power" (SMP) in Ireland. "The
onus is on the Regulator when carrying out its market analysis to
establish whether the Appellant (H3GI) has significant market power,"
ECAP said. "This means examining fully all the constituent elements
… all the relevant factors … this was not done." The decision is
remarkable insofar as it is the first time in history that a
telecommunications operator has successfully appealed against an SMP
designation by a national regulatory authority. Had the SMP label been
upheld, it would have allowed ComReg to fix 3's termination rates, the
fees it charges other operators to terminate calls on its network.
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