# illegality of broadband contracts offered by all providers, since 2003.



## JoeB (15 Apr 2009)

In 2003 legislation was passed setting certain standards and requiring broadband contracts to take a certain form and to contain certain mandatory information.

*In July 2007 ComReg determined in a report (ComReg 07/49) that no broadband operator was in compliance with the law from 2003. ComReg gave the operators three months from July 2007 to ensure compliance. *

(link to the report itself, small PDF file below) 
http://www.comreg.ie/_fileupload/publications/ComReg0749.pdf

Since that date nothing has happened, no statement from ComReg, and no change to the non-compliant contracts. This issue is ongoing although ComReg are dragging their feet.

Consumers are in a bind due to the contracts being non-compliant.. the very clauses which are needed in the contract, the clauses which are supposedly mandatory since 2003.. are the ones which are completely missing. I.E...  clauses to do with refunds or compensation for periods of non-service.. and exactly what the expected service level is to be. 

It is illegal not to include this information in contracts since 2003.. (in 2007 ComReg determined that every broadband provider was non-compliant, Comreg 07/49)

My complaint with ComReg has been ongoing for over a year with virtually no progress having been made. 

*
I would urge all readers of this thread who have broadband problems to contact ComReg, mentioning their own report ComReg 07/49, also mentioning the fact that ComReg gave the operators three months from July, 2007 to ensure compliance and asking what has happened since. Keep in mind that all operators were found to be non-compliant in 2007 with laws passed in 2003, since then nothing has happened and ComReg refuse to make a public statement as to why this is the case. ComReg are responsible for enforcing this legislation.
*

If you wish you can send me your details and I will contact ComReg on your behalf. Send your name to me by PM and I will contact you.

Link to summary of ComReg report, showing dire levels of compliance.
www.eccabinets.com/ExternallyLinked/COMREG-ContractCompliance.jpg


John Doherty is the Chairperson of the board at ComReg.. Therese Hourigan is the Consumer Care Manager. 

email addresses are in the form 

firstname.lastname at comreg.ie   ... this info is in the public domain.

General email at ComReg is consumerline@comreg.ie


As I say, get in touch with me if you are interested in seeing some changes to this incredible situation. 


Thank you
Joe


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## JoeB (17 May 2009)

I have recently received a reply from ComReg as to why the report promised in first quarter, 2008 was never produced...

ComReg response.
The review which ComReg expected to carry out in 2008 was delayed due to other work. It is anticipated that this review will take place in the future.
end response.

So that's reassuring. That the report may be produced in the future. Or it may not be of course.


I have also written to Minister Eamon Ryan who has responsibility for ComReg, he doesn't appear too concerned at the fact that all broadband providers (in all likelyhood) still impose illegally formed contracts on their customers. I have written to him again with specific questions and I am waiting on a further response from him.

Regards 
Joe


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## JoeB (4 Jun 2009)

Today I received a further response from Eamon Ryan, Minister. To say it was inadequate is seriously understating the situation. 

His response consisted of one sentence, which didn't address the issues at all. I am now requesting a personal meeting with Minster Ryan to ask him why he displays such apathy at the level of lawlessness illustrated by Comreg over two years ago...  and I will be ringing his office each day from now on until that meeting is granted. In the meantime all broadband contracts are illegally formed (in all probablility*) and the public have no recourse.


Cheers 
Joe


* It is hard to be certain, as Comreg are the body that are supposed to report on the state of compliance, they have only produced one report on this issue in six years, and that report found a shocking, 100% rate of non-compliance... that was in July, 2007, nothing has happened since.


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