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The purpose of this article is to identify lessons learnt from successfully defending the private and public law proceedings initiated by Smart Mobile Limited in respect of the decision of ComReg to withdraw its offer of the fourth 3G mobile telecommunications licence from Smart: Smart v ComReg (2006).
Mark Hughes is a qualified solicitor working in the Commission for Communications Regulation (”ComReg”). With a background in corporate finance and commercial law, Mark is an expert in: (i) regulatory law and practice; and (ii) litigation. Mark has advised in respect of: (i) the award of the fourth and final Irish 3G mobile telecommunications licence; (ii) the drafting of Part 3 (Aviation Regulation) of the State Airports Act, 2004 (providing for the re-structuring of Aer Rianta); and (iii) the €3.7 billion acquisition of Eircell Limited by Vodafone Group plc. In addition, Mark recently successfully defended private and public law proceedings in respect of the award of the fourth and final Irish 3G mobile telecommunications licence. This involved: (i) the management of an external legal team of six lawyers; and (ii) being a witness as to fact.
ComReg is the Irish State body responsible for regulating the electronic communications sector, the postal sector and in part, the broadcasting sector. ComReg is not responsible for the regulation of content in the broadcasting sector. In respect of the electronic communications sector, ComReg’s objectives are: (i) to promote competition; (ii) to contribute to the development of the European Community internal market; and (iii) to promote the interests of users within the European Community. In respect of the postal sector, ComReg’s objective is to promote the development of the postal sector. ComReg is responsible for the management of Irish radio frequency spectrum and the Irish national numbering resource. ComReg was established in 2002 and took over from its predecessor, the Office of the Director of Telecommunications Regulation (established in 1996). For more information in respect of ComReg, please see: www.comreg.ie.
