ComReg notifies Vodafone and Dense Air of non-compliance with 3.6GHz regulations

Ireland’s Commission for Communications Regulation (ComReg) has issued notifications of a finding of non-compliance to both Vodafone Ireland and Dense Air Ireland in respect of 3.6GHz regulations. Both operators have been advised that the non-compliance concerns the pair ‘not working and using’ the required number of base stations in certain areas of the country, as required under their respective concessions.

Specifically, Vodafone has been advised its non-compliance relates to it not having built and put into operation a required 15 base stations for the ‘South East’ region within three years of its licence commencement date, and not operating 15 base stations in at least four counties in that region. For its part, Dense Air has been told its non-compliance relates to it not operating the required 15 base stations in at least four counties in the South East region.

Both companies have now been given until 16 January 2023 to state their views on the matter, including any proposal to remedy the non-compliance within ‘a reasonable timeframe’. Meanwhile, ComReg notes that it if determines that licence obligations are not subsequently complied with, it may apply to the High Court for ‘such an order as the regulator may consider appropriate’.