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ComReg1274

1. Please let us have your responses to Queries 1 12 above by close of business on Friday 15 June 2012 Yours faithfully Age i ively M 13048117 2 12 Correspondence with interested parties 3 ComReg reply to A amp L Goodbody letter of 13 June 2012 letter dated 15 June 2012 Commission for Communications Regulation By Post and Email 15 June 2012 Mr John Whelan Partner A amp L Goodbody Solicitors international Financial Services Centre North Wall Quay Dublin 1 Multiband Spectrum Release Award Process Dear Mr Whelan refer to your letter of 13 June 2012 concerning the above process As you note in your introductory remarks Telef nica Ireland Limited Telef nica has contributed significantly to ComReg s consultation on the above process over the past four years and has raised a number of concerns during that period The extensive consultation process undergone by ComReg in this matter has served to facilitate Telefonica in making its contributions and raising its concerns These have all been duly and carefully considered by ComReg as reflected in the consultation documentation and taken on board or not as the case may be to the extent reflected in ComReg s Decision Document 12 25 and Decision 04 12 and associated documents and ComReg s Information Memorandum Document 12 52 ComReg s position on matters that are the subject of decisions and final positions made and refl
2. Multi band Spectrum Release 800 MHz 900 MHz amp 1800 MHz Consultation letter dated 14 June 2012 Note ComReg are awaiting clarification of confidentiality of this letter and will publish this letter at a later date Correspondence with interested parties 5 Com Reg reply to Telefonica letter of 14 June 2012 letter dated 19 June 2012 7 Note ComReg are awaiting clarification of confidentiality of this letter and will publish this letter at a later date Correspondence with interested parties 6 ComReg reply to eircom Group letter of 24 May 2012 letter dated 30 May 2012 8 This eircom Group letter was published as item 8 in Document 12 49 Commission for Communications Regulation 30 May 2012 Mr William McCoubrey Head of Regulatory Policy Mobile and Consumer Affairs Meteor Mobile Communications Limited 1 Heuston South Quarter St John s Road Dublin 8 Re Multi band spectrum award Dear Mr McCoubrey Thank you for your letter of 24 May 2012 concerning the issue of security of data in relation to the Commission for Communication s ComReg multi band spectrum award In relation to the two matters raised in the second paragraph of your letter would refer you particularly to e firstly the relevant correspondence between Vodafone and ComReg relating to a the misdirection of non confidential correspondence and b the inadvertently sent e mail as contained in ComReg Docu
3. ComReg has in managing information including confidential information remain as acute as ever and are notin any way addressed by ComReg s Final Position as set out in paragraph 6 9 2 of ComReg Document 12 50 On the contrary the unreasonable superficial and inadequate nature of ComReg s response to Vodafone s concems which have been explained at length and with precision in recent correspondence makes Vodafone more anxious than ever that ComReg has failed to understand the problems it has and that ComReg s insonciance when it comes to the protection of confidential information increases the tisk of the auction process being compromised or to the extent that it had already been compromised being further RT DPC 5206320 1 Page 2 6 CONFIDENTIAL McCANN FITZGERALD ComReg appears to have maintained this approach in its responses to other potential auction participants on this issue as evidenced in the rege recently published in ComReg Document Number 12 49 where in an email dated 24 April 2012 from George Merrigan to Gary Healy ComReg dismissed Telefonica O2 Ireland s concems regarding the robustness of ComReg s information handling processes in the context of the auction which arose following another misdirection of communication by ComReg and denied that the incident in question was a data breach Meteor Mobile Communications Limited has also in its letter of 24 May 2012 to George Merrigan raised concerns about data secu
4. ComReg s response Confidentiality Concerns You introduce the section on Confidentiality Concerns by stating that without appropriate safeguards ensuring the confidentiality of information that is provided to ComReg significant business and legal risks arise for the industry Accordingly you say participants in the auction process are entitled to transparency in relation to the adequacy of the procedures ComReg intends to introduce in relation to the auction process as well as assurances in relation to confidentiality breaches to date new processes and use of information Before going on to respond to your particular questions relating to these three matters it is important to set out briefly ComReg s contextual commentary in relation to this matter In that regard first of all ComReg regrets the particular incidents that occurred as it regards information security as an important matter and takes information security issues very seriously However whilst there have been some unfortunate but minor incidenis which have been the subject of recent correspondence between Vodafone and ComReg ComReg does not agree with the idea that these may be abstracted to arrive at conclusions that as Vodafone put it there must necessarily be endemic failings in ComReg with regard to these matters or that any failings that there are or have been may be inflated and stretched to have the capability to undermine the integrity and effi
5. correspondence relating to ComReg s consultation on Next Generation Access NGA roll out Whilst ComReg continues to engage with Vodafone and its legal advisers on these issues in the context of these specific processes am writing to you separately to express ComReg s overall concern regarding Vodafone s approach to same First Vodafone has expressed issues it has with regard to ComReg s information custodianship and its view of what impact its concerns might have on Vodafone and the respective processes as well as its view that a separate consultation is required in the spectrum award process with regard to information custodianship related issues In that regard ComReg notes that other parties who are involved in the processes concerned or who have been involved in or affected by particular information handling events which have been referred to in the correspondence have not raised issues in the way that Vodafone has nor called for a separate consultation An Coimisi n um Rial il Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin reland Telephone 353 804 9642 Fax 353 804 9645 Email chairperson comreg ie Web www comreg ie Communications Regulation Confidential X Inthe multi band spectrum award process ComReg notes Vodafone s particular approach to the prior incident in April involving non confidential correspondence with Vodafone and Telef
6. email dated 12 June 2012 8 ComReg reply to eircom Group email of 12 June 2012 email dated 18 June 2012 9 Eircom Group email to ComReg Extension to Q amp A deadline email dated 19 June 2012 10 ComReg reply to eircom Group email of 19 June 2012 email dated 19 June 2012 11 McCann Fitzgerald letter to ComReg Vodafone Multi band Spectrum Release Custodianship of Information letter dated 30 May 2012 12 McCann Fitzgerald letter to ComReg Vodafone Multi band Spectrum Release Custodianship of Information letter dated 5 June 2012 13 ComReg reply to McCann Fitzgerald letter of 5 June 2012 letter dated 7 June 2012 14 McCann Fitzgerald reply to ComReg letter of 7 June 2012 letter dated 8 June 2012 15 Vodafone email to ComReg ComReg Multi Band Spectrum Award Process Workshop email dated 11 June 2012 16 ComReg reply to Vodafone email of 11 June 2012 email dated 11 June 2012 17 McCann Fitzgerald letter to ComReg ComReg Consultation on NGA roll out pursuant to ComReg Document 12 56 the NGA Consultation letter dated 7 June 2012 This Telef nica letter was published as item 43 in Document 12 49 Note ComReg are awaiting clarification of confidentiality of this letter and will publish this letter at a later date gt Note ComReg are awaiting clarification of confidentiality of this letter and will publish this letter at a later date 4 This eircom Group lett
7. ongoing spectrum award process Confidential 3 can justifiably be said to be compromised in any way 4 Without prejudice to the above the spectrum award process is in any event a separate ring fenced process with its own information security procedures protocols and supports which are the subject of advice and assistance from ComReg s specialist consultants and which should serve to satisfy interested parties that ComReg s processes surrounding the forthcoming auction are appropriate robust and secure Should Vodafone have any specific questions concerning ComReg s information security proposals described in the Information Memorandum Vodafone should avail of the ongoing question and answer process which is the platform ComReg has suggested be used where interested parties require further clarification on matters raised in the Information Memorandum 5 Given that there is no requirement for a separate information security consultation as urged by Vodafone the consequences of which in practice would most likely be to delay the overall spectrum award process the award process timetable should run as set out in the recently published Information Memorandum 6 Accordingly also as well as generally the position set out by ComReg in section 6 5 of its recently published response to consultation on its draft Information Memorandum Document 12 50 on the timing of or the need or otherwise in the short term to start a consultation proc
8. operating in regulated markets and entitled to expect fair and transparent procedures and objective outcomes Accordingly we believe it necessary that particular aspects of the implications of your above statement be clarified You might please therefore clarify the following 1 Does ComReg intend to convey as is suggested by this statement that Vodafone s stance on these issues as previously expressed is improper unreasonable or based on some inappropriate consideration 2 Does ComReg intend to convey as is suggested by this statement that Vodafone s stance on these issues may have potentially serious consequences for Irish telecommunications markets and consumer welfare and if so what are these consequences and how is it possible that they may follow from Vodafone s stance on the issues identified Clarification in this regard would be appreciated because Vodafone is of course heavily invested in Irish telecommunications markets and in the welfare of consumers in those markets who are its sources of revenue 3 Does ComReg intend to convey as is suggested by this statement that Vodafone s stance on these issues is intended to frustrate or may have the effect of frustrating the State s implementation of the European legislation mentioned If so please explain how ComReg believes that Vodafone s stance may involve such an intention or effects 4 Who are the interested and affected parties to whose attention ComReg i
9. with McCann Fitzgerald Regards Alex Alex Chisholm Chairperson Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Ireland Correspondence with interested parties 22 Vodafone letter to ComReg Vodafone Ireland Limited Vodafone Custodianship of Information letter dated 6 July 2012 6 July 2012 Alex Chisholm Esq Commission for Communications Regulation Block DEF Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Vodafone Ireland Limited Vodafone Custodianship of Information Dear Alex refer to the correspondence that has passed between Vodafone and ComReg in relation to the upcoming auction for the multi band spectrum release Spectrum Auction which has from Vodafone s perspective sought for the most part to articulate Vodafone s concerns regarding ComReg s processes for the security and custodianship of information Vodafone has clearly set out its issues and concerns with ComReg s information custodianship and security processes in detailed correspondence and these concerns are now a matter of public record Our decision not to address in any detail the points made in the letter of your colleague George Merrigan dated 7 June to McCann FitzGerald or your letter of 12 June to Jeroen Hoencamp should not be understood as acceptance of or acquiescence in the points made by ComReg in those letters However feel it may be nece
10. 2 2 740 0370 Fax 32 2 740 0371 LONDON Tower 42 Level 38C 25 Old Broad Street London EC2N 1HQ Tel 44 20 7621 1000 Fax 44 20 7621 9000 McCann FITZGERALD by ComReg in its current form without redaction Vodafone continues to reserve its rights as set out in our letter of 30 May 2012 Yours faithfully Mc CHC McCann FitzGerald Page 2 2 Correspondence with interested parties 13 ComReg reply to McCann Fitzgerald letter of 5 June 2012 letter dated 7 June 2012 Commission for Communications Regulation 7 June 2012 Mr Damian Collins McCann FitzGerald Solicitors Square de Mee s 40 1000 Brussels Belgium Dear Mr Collins Ref DPC 5167054 1 and 5117183 2 Vodafone Proposed Spectrum Auction I refer to the following correspondence sent by you on behalf of your client Vodafone Ireland Limited Vodafone in relation to the Commission for Communications Regulation s ComReg multi band spectrum award e letter dated 16 May o letter dated 23 May e letter dated 30 May and e letter dated 5 June ComReg notes the continued rehearsal by Vodafone of its views regarding custodianship of information and data security ComReg appreciates that Vodafone may have genuinely held sensibilities in these respects However as I will set out in more detail below ComReg feels that at its core Vodafone s perspective is unreasonable insofar as it fastens upon a number of scarcely relevant and non prejudi
11. 31 Dublin www mccannfitzgerald ie OUR REF YOUR REF DATE SEB 5240110 1 5 June 2012 Alex Chisholm Esq BY EMAIL AND Commission for Communications Regulation BY POST Block DEF Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Vodafone Multi band Spectrum Release Custodianship of Information Dear Commissioner Chisholm We refer to our letter of 30 May 2012 copy attached for ease of reference on behalf of Vodafone and to our and Vodafone s previous correspondence with you referenced in our 30 May 2012 letter That sequence of correspondence provides Vodafone s views on ComReg s information custodianship and on ComReg s decision not to accept Vodafone s suggestion that it should consult with industry participants in the context of and prior to the forthcoming auction concerning the adoption of a protocol for information custodianship that would reflect best industry and regulatory practice and that would seek to mitigate the effect of the endemic failures Vodafone has identified in ComReg s current information custodianship systems We have not had a response to our letter of 30 May 2012 Nor has ComReg responded to the questions posed in our letter of 16 May 2012 and despite the letter of 18 May 2012 sent to Damian Collins of this firm by your office ComReg has not dealt either with those questions or with the report from Deloitte referred to in those letters In circumstances where we have still not
12. Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin Ireland Telephone 353 804 9642 Fax 353 804 9645 Email chairperson comreg ie Web www comreg ie
13. Dear Sirs We act for Telef nica Ireland Limited Telef nica Ireland in relation to the Consultation on the proposed 800MHz 900 MHz amp 1800 MHz spectrum auction the Proposed Auction As you are aware Telefonica Ireland has contributed significantly to the Consultation over the past four years and along with other operators in the industry has raised numerous concerns during that period The purpose of this letter is not to deal with all of those concerns but to raise on an urgent basis given this crucial point in time in the process a number of points that need immediate clarification by ComReg In view of the importance of the matters raised and the current timing that ComReg is imposing on the industry with respect to the Proposed Auction we request full responses to the queries raised in this letter by close of business on Friday 15 June 2012 To assist with your responses we have numbered the queries chronologically throughout this letter Please note that these queries are being raised because it is Telef nica Ireland s bellef and its legal advice that the issues have either not been addressed or not been adequately addressed by ComReg Confidentiality Concerns We do not intend to restate our client s concerns in relation to the risk of commercially sensitive data being disclosed by ComReg to third parties during the remainder of the Consultation and or assignment process As you can appreciate without appropriate saf
14. N Communications Regulation Information Notice GSM Liberalisation Project Publication of correspondence provided by respondents and ComReg written responses to same Document No 12 74 Date 6 July 2012 An Coimisi n um Rial il Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Ireland Telephone 353 1 804 9600 Fax 353 1 804 9680 Email info comreg ie Web www comreg ie Correspondence with interested parties A Non confidential correspondence provided by respondents in relation to ComReg s multi band spectrum release proposals from 30 May 2012 until 25 June 2012 and ComReg written responses to same 1 ComReg reply to Telefonica letter of 22 May 2012 letter dated 30 May 2012 2 A amp L Goodbody letter to ComReg Multi band Spectrum Release Consultation 800 MHz 900 MHz amp 1800 MHz the Consultation letter dated 13 June 2012 3 ComReg reply to A amp L Goodbody letter of 13 June 2012 letter dated 15 June 2012 4 Telef nica letter to ComReg Multi band Spectrum Release 800 MHz 900 MHz amp 1800 MHz Consultation letter dated 14 June 2012 5 Com Reg reply to Telefonica letter of 14 June 2012 letter dated 19 June 2012 6 ComReg reply to eircom Group letter of 24 May 2012 letter dated 30 May 2012 7 Eircom Group email and attachment to DotEcon RE WDP software licence agreement
15. aised are addressed by way of its recently published Response to Consultation and Final Information Memorandum documents being ComReg Documents 12 50 12 52 In particular would refer you to the following e the timeline as set out in paragraph 3 11 of ComReg Document 12 52 and e section 6 5 2 of ComReg Document 12 50 trust this is satisfactory Yours sincerely a k SSA Mi George Merrigan Director Market Framework An Coimisi n um Rial il Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin Ireland Telephone 353 804 9600 Fax 353 804 9665 Email info comreg ie Web www omreg le Correspondence with interested parties 2 A amp L Goodbody letter to ComReg Multi band Spectrum Release Consultation 800 MHz 900 MHz amp 1800 MHz the Consultation letter dated 13 June 2012 A amp L Goodbody Solicitors International Financial Services Centre North Wall Quay Dublin 1 Tel 353 1649 2000 Fax 353 1 649 2649 email info algoodbady cam website www algoodbody com dx 29 Dublin ASL Goodbody our ref JFWIMEH 01366740 your ref date 13 June 2012 By Registered Post amp Email george merrigan comreg ie Mr George Merrigan Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Multi band Spectrum Release Consultation 800 MHz 900 MHz amp 1800 MHz the Consultation
16. al interests in Ireland do at this juncture need to highlight to Vodafone that any approach that would directly or indirectly entail strictly unnecessary delay to ComReg s multi band spectrum award and or its NGA consultation process would not be without serious adverse consequences for Irish telecommunications markets and consumer welfare given the critical importance of these matters In particular Vodafone s proposals the adoption of which in ComReg s view is not called for and would cause unnecessary delay occur in the context of a spectrum award process that has been the subject of multiple rounds of detailed consultation in which Vodafone has participated very actively and for which ComReg has e reached its substantive decisions ComReg document D04 12 published 16 March 2012 e finalised its Information Memorandum to begin to implement these decisions ComReg document 12 52 published 25 May 2012 and e seta deadline for when applications for spectrum covered by this award must be submitted 20 July 2012 Page 4o0f 6 i See pages 46 and 47 of ComReg Document 11 102 at http www comreg ie _fileupload publications ComReg11102 pdf gt w Communications Regulation In ComReg s view the multi band spectrum award process is e of enormous strategic importance to the Irish communications markets e vital to the prospects for consumers and businesses of accessing 4G and other advanced mobile services e e
17. an Quigley to Marie Cussen of 13 June 2012 5 28 p m and a letter to me from McCann FitzGerald dated 14 June 2012 In relation to the e mail from Ian Quigley you will recall that this referred to my letter dated 12 June 2012 and questioned the basis upon which ComReg had claimed confidentiality over the contents of that letter ComReg has redacted that correspondence as required by our statutory obligations and consistent with our confidentiality guidelines ComReg document No 05 24 Where these requirements are adhered to the decision to redact and the extent of those redactions is a matter for ComReg to decide In relation to the letter from McCann FitzGerald to me dated 14 June 2012 ComReg notes that in general terms that letter appears to express concern that Vodafone may not be afforded fair and transparent procedures or may not obtain outcomes that are objectively justified ComReg would like to assure Vodafone that it has to date afforded it the fair and transparent procedures to which it is entitled and will continue to do so in the future ComReg s decisions are made on the basis of amongst other things objective justification and according to our statutory obligations In any event in light of the constructive position being adopted by Vodafone as reflected in your letter dated 6 July 2012 nothing further arises Yours sincerely fla Uli Alex Chisholm Chairperson An Coimisi n um Rial il Cumars ide
18. ant way to addressing the concerns we have raised to date donatore ivetared Li AQUA CSQA MVE FTTT et siete he ig pe Ae eu re Ee nat jet e ata bo a ee Yours sincerely Correspondence with interested parties 15 Vodafone email to ComReg ComReg Multi Band Spectrum Award Process Workshop email dated 11 June 2012 From Crowley Patrick Vodafone Ireland Sent 11 June 2012 16 34 To George Merrigan Subject ComReg Multi Band Spectrum Award Process Workshop Dear George note that the presentations given at ComReg s Multi band Spectrum Award Process Workshop on 8 June do not yet appear to have been published on ComReg s website Could you indicate when ComReg envisages that the presentations will be made available and when the ComReg response to questions raised at the workshop for example in relation to the maximimum number of Authorised Agents that can be designated by an Applicant will be published Best regards Patrick Patrick Crowley Regulatory Executive Strategy Vodafone Ireland Correspondence with interested parties 16 ComReg reply to Vodafone email of 11 June 2012 email dated 11 June 2012 From George Merrigan Sent 11 J une 2012 17 14 To Crowley Patrick Vodafone Ireland Subject RE ComReg Multi Band Spectrum Award Process Workshop Dear Patrick ComReg will very shortly publish the various presentations from Friday last In addition we will also publish a short Informat
19. ase concerning data custodianship issues We disagree with much of what is said in George Merrigan s letter and we will separately respond in full to it However that letter does not address the data custodianship issues in light of mentioned in my letter of 7 June 2012 which transforms Ihe context in which our concerns ha which ComReg is responding eer expressed and in the case that we have been making for the SSEBBIISAMERL of a separate process ncludiny a consultation un dala custodianshio issues has becorne unanswerable This kind ot process now must be Dart of the response t We would urge ComReg now to take the initiative in establishing such a process including the elements we have previously set out You may of course consider it appropriate that it would include other aspects such as operator interface with ComReg on confidential and sensitive data Such a process would be essential to restore confidence in the data management aspects of the regulatory processes which has undoubtedly been damaged and we believe that it would be supported by other operators and stakeholders in the industry While such an initiative may take some time we believe that a realistic timeframe for a comprehensive and thorough review to be underlaken could Lake approximalely six weeks to coordinate and implement we feel that an open and transparent engagement on these issues with all relevant and affected stakeholders would qo a sianific
20. bust to manage an auction process for which it has sole responsibility as the statutory regulator and which is of crucial commercial importance to all potential auction participants to Irish consumers and the broader Irish economy It is not possible for Vodafone to be confident that the engagement of another team of external consultants will be sufficient to solve ComReg s endemic failings particularly in circumsiances where Comlkeg s previous failure appropriately to manage its external legal advisers and consultants in relation to security matters has given rise to many of the issues iat now concem Vodafone and other potential auction participants win a a A 5 DPC 5206320 1 Page 4 6 CONBIDENTIAL McCANN FITZGERALD 3 ComReg s Failure to Respond Without prejudice to the generality of Vodafone s submission on the inadequacy and unreasonableness of ComReg s response to its submissions on the endemic failures within ComReg s systems for information custodianship Vodafone has asked us specifically to recall to ComReg our letter of 16 May and the questions we posed in that letter To date those questions and the other issues raised in that letter have not been addressed by ComReg This is despite the lengthy process ComReg has deployed and the extensive paperwork issued by it to date including the statement contained in the letter of 18 May sent to Damian Collins of this firm from your office I also refer to your lett
21. cacy of the forthcoming auction process ComReg also regrets that the tone of the correspondence from Vodafone and its legal advisers published in Document 12 59 may have caused your client more concern than is justified by the actual incidents referenced in that correspondence Without prejudice to the generality of the foregoing whilst again the incidents of communications referred to by Vodafone were unfortunate and whilst ComReg is taking steps to seek to ensure that such incidents do not occur in future it does not follow as Vodafone s correspondence suggests that a stand alone spectrum auction process with its ring fenced information security procedures protocols and supports which are the subject of advice and assistance from ComReg s specialist consultants is in danger of being compromised either because of the particular incidents that occurred historically or by reason of certain minor documented incidents which occurred during the course of the spectrum consultation process While that is so ComReg has also set out in its recently published Response to Consultation document and Information Memorandum some appropriate information regarding information custodianship and security which are of relevance to the forthcoming auction process In that regard it has mentioned the fact that it has engaged a reputable consultancy organisation to ensure that its confidentiality and security processes before during and after the a
22. cial Law Review Addie RO o o e e ook ad do jodo o k ac sk aaa kkk This email is from McCann FitzGerald Solicitors Riverside One Sir John Rogerson s Quay Dublin 2 Ph 353 1 829 0000 Fax 353 1 829 0010 Dublin Office Ph 44 207 621 1000 Fax 44 207 621 9000 London Office Ph 32 2 740 0370 Fax 32 2 740 0371 Brussels Office www mecannfitzgerald ie This email and any files transmitted with it are confidential and may be privileged and are intended solely for the use of the individual or entity to whom they are addressed As email can be subject to operational or technical difficulties and time delays communications that are subject to deadlines should also be sent by post Any unauthorised direct or indirect dissemination distribution or copying of this message and any attachments is strictly prohibited If you have received the email in error please notify postmaster mccannfitzgerald ie or telephone 353 1 829 0000 and ask for the Help Desk dd ad od ode ol od ode ol OE oS ode AS SH HE ol od oh o o of a EAE A a OIC OC CCE OC HE aE Ee fe ae EEE Correspondence with interested parties 12 McCann Fitzgerald letter to ComReg Vodafone Multi band Spectrum Release Custodianship of Information letter dated 5 June 2012 McCann FitzGerald Solicitors Riverside One Sir John Rogerson s Quay M CCA N N FITZG E RA L D Dublin 2 Tel 353 1 829 0000 Fax 353 1 829 0010 Email inquiriesemccannfitzgerald ie Dx
23. cial human errors and inflates them ComReg does not agree that e they must be endemic as you put it e one can conclude that ComReg s stand alone spectrum auction process with its ring fenced procedures and supports can reasonably be judged to be capable of being compromised by them In that regard also ComReg is concerned that Vodafone s continued rehearsal of its views may be unduly and disproportionately damaging to ComReg to the forthcoming auction process and to ComReg s advisers and consultants who are referred to indiscriminately in your correspondence as also being involved in information security lapses Appropriate rights are reserved in these respects ComReg accordingly wishes to continue to give the appropriate level of assurance to interested parties including Vodafone whilst at the same time seeking to mitigate the damage that might be caused by Vodafone s perspectives gaining undue and disproportionate currency An Coimist n um Rial il Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin ireland Telephone 353 804 9600 Fox 353 804 9665 Email info comregie Web www comregie Commission for Communications Regulation follows 1 ComReg is not as a matter of law obliged to consult separately in relation to information custodianship and security and ComReg is entitled to take the view that no such separate consultation is or was nece
24. confirm that ComReg to the potential prejudice of the auction participanis has entirely failed to grasp the nature scope and gravity of the problem it has in relation to information custodianship and security In cicumstances where there is a record of ComReg their legal advisers and external consultants engaged on their behalf DPCAS206320 1 Page 3 6 CONFIDENTIAL MCCANN FITZGERALD gt sending correspondence intended for one operator to another operator allowing senior staff to use office e mail addresses for non work related purposes being aware of a situation in which a senior staff member involved in a key role in the auction process communicates a password together with his office e mail address to third parties using the ComReg e mail system a maintaining an e mail system which is ineffective to prevent a senior staff member misdirecting e mails and n permitting internal e mails to be disclosed to external parties see attached e mail of 16 May from Paddy Mulvey of ComBeg containing an internal ComReg email trail from Chairman Alex Chisholm to George Merrigan and copying Caroline Dee Brown Adrian Rahman Samuel Ritchie and Commissioner Kevin O Brien This is astonishing not least given the extensive correspondence on this issue to date a further failure that has just come to light despite whatever procedures if any ComReg may already have implemerited and despite ComReg s much staied awareness of the requirem
25. cument 05 24 Kind Regards Paddy un Original Message From Alex Chisholm Sent 16 May 2012 15 06 To George Merrigan Cc Caroline Dee Brown Adrian Rahman Samuel Ritchie Kevin O Brien Subject FW Vodafone Spectrum Auction MF LIVE FID1374183 Confidential Classification Confidential Not Legally Privileged George Please consider the attached letter just received marked Confidential and provide advice and a draft response in due course I will ask Marie to send an acknowledgement in the meantime Thanks and regards Alex The information in this email is confidential and may be legally privileged It is intended solely for the addressee Access to this email by anyone else is unauthorised If you are not the intended recipient any disclosure copying distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful Original Message From Damian Collins mccannfitzgerald ie mailto Damian Collins mccannfitzgerald ie Sent 16 May 2012 14 44 To Alex Chisholm Subject Vodafone Spectrum Auction MF LIVE FID1374183 Please see attached The original will follow by post e Damian Collins McCann FitzGerald Solicitors Square de Mee s 40 1000 Brussels Belgium T 32 2 7400370 Fax 32 2 7400371 www mccannfitzgerald ie Ireland Law Firm of the Year 2011 Chambers Europe Ireland Law Firm of the Year 2011 and 2012 International Finan
26. d by a natural person either in the course of his or her employment or in performing services under a contract for services with another person whether a natural person or otherwise 1 The word you used in this licence applies to you the individual who downloads installs and or uses this software and his or her employer as the case may be 2 Any natural person who downloads installs or uses this software warrants and represents that he or she is appropriately authorised to bind his or her employer to the terms of this agreement 3 By downloading installing and or using the Software you agree both on your own behalf and on behalf of your employer to be legally bound by this agreement and you warrant that you are the authorised user of this Software If you do not agree to all of the terms of this agreement then do not download install or use the Software 2 LICENCE You are granted a royalty free non exclusive non transferable licence to use the Software Materials on the terms of this agreement during the Licence Term in the normal course of your business solely for the purpose of carrying out test calculations to understand how ComReg will determine the winning bidders in the Auction and the prices to be paid by the winning bidders as specified in the Information Memorandum ComReg _ 12 52 You shall treat the Software Materials as confidential and shall not without the prior written consent of DotEcon Ltd disclose th
27. e endemic failures Vodafone has identified in ComReg s current information custodianship systems John Cronin David Clarke Timothy Bouchier Hayes Jane Marshall Ronan Molony Lonan McDowell Julian Conlon Damian Collins Catherine Deane Paul Heffernan Terence McCrann Muriel Walls Roderick Bourke Ambrose Loughlin Niall Powterly Kevin Kelly Hilary Marren Eamonn O Hanrahan Roy Parker Patricia Lawless Barry Devereux Geraldine Hirkey Helen Kilroy Judith Lawless James Murphy David Lydon David Byers Stan Barton Colm Fanning Paul Lavecy Julle Quin Alan Fuller Claim Lenny Maureen Dolan Michelle Doyle Hugh Beattie Fergus Gillen Valerie Lawlor Mark White Rosaleen Byme Eamon de Valera Jos Fay Ben Gaffikin Donal O Raghallaigh Karyn Harty Philip Andrews Barrett Chapman Mary Brassil Audrey Byme Shane Fahy Georgine O Riordan Adrian Farrell Mishael Murphy Annmte Hogan Aidan Lawlor Daxragh Murphy rian Quigley Stephen FiteSimons David Hudey Philip Murphy Fiona O Reirnz Garreth O Brien Consultants Eleanor MacDonagh sca Peter Osborns Michael Ryan rca Tony Spratt Aca DUBLIN Riverside One Sir John Rogerson s Quay Dublin 2 Tel 353 1 829 0000 Fax 353 1 829 0010 LONDON Tower 42 Level 38C 25 Old Broad Street London EC2N HQ Tel 44 20 7621 1000 Fax 44 20 7621 J00D en CONFIDENTIAL MCCANN FITZGERALD We have been instructed to write to you protesting in the strongest poss
28. e first accessed by you and you shall ensure that all those trade marks trade names markings and notices are reproduced on all copies of the Software Materials At the end of the Licence Term you shall destroy all copies of the Software in your possession You covenant that you will bring any error or omission in the operation of the Software and or in the Software Materials to the attention of ComReg promptly on becoming aware of same A copy of this software licence is included in the file within the documentation directory of the Software Materials You shall not alter or remove this file 3 WARRANTY DotEcon warrants that it is authorised to grant licences to use the Software Materials on the terms and conditions contained in this agreement This warranty does not extend to the Third Party Software which is licensed separately under LGPL licences hereinafter defined The Software Materials are supplied on an as is basis meaning that DotEcon Ltd makes Deleted is no warranty in relation to the Software s performance or functionality and DotEcon Lid takes no responsibility for the performance or non performance of this Software Save as expressly provided in this agreement no representation warranty or condition express or implied statutory or otherwise as to condition quality performance merchantability or fitness for purpose are given or assumed by ComReg or DotEcon Ltd in respect of the Software Material
29. e of an endemic problem a Which Vodafone has constructed on the foundation of the various lapses to which it has referred in correspondence b in circumstances where ComReg rejects there is an endemic problem and c in circumstances where ComReg rejects the alleged connection of the problem to or its relationship with the efficacy or integrity of the forthcoming auction process Engaging with the inquisition you are prosecuting on behalf of Vodafone in this connection would in ComReg s view serve to perpetuate the damaging and misconceived idea being ventilated by you that certain lapses in information custodianship can be said to result in ComReg suffering from an endemic problem in that regard and that that endemic problem can in turn be said to cause ComReg to be unable properly to run its forthcoming spectrum auction process 9 In your letters you refer to a newspaper report regarding a report by Deloitte which reportedly criticized ComReg for insufficient security implementation You noted that the report itself was reported to have been leaked The report in question was one of a number of reports prepared for ComReg by Deloitte as part of our Internal Audit process A copy of the report was obtained under Freedom of Information legislation it was not leaked The recommendations of the Internal Audit Review of Information Systems Controls report were implemented in ful
30. e whole or any part of them to any third party You shall ensure that your employees comply with these confidentiality and non disclosure obligations You are permitted to use the Software Materials for the purpose of providing services to a third party in connection with the Auction but in so doing you become an Insider of that third party as defined in the Information Memorandum You may not make more than a reasonable number of copies of the Software Materials for security back up All copies of the Software Materials are subject to the terms and conditions of this agreement You shall implement and maintain reasonable security measures to safeguard the Software Materials and all copies of the Software Materials from access or use by any unauthorised person You shall not alter or modify the whole or any part of the Software or merge any part of the Software with any other computer software programs or save to the extent expressly cannot locate a definition Is is Comreg Comment O1 Defined term but document 12 52 Comment 02 Defined term but cannot locate a definition permitted by applicable law decompile disassemble or reverse engineer the executable code of the Software or attempt to do any of these things You shall not alter obscure remove interfere with or add to any of the trade marks trade names markings or notices affixed to or contained in the Software Materials at the time they ar
31. ected in its Decision and its Information Memorandum is that these are not being re opened or reconsidered in principle Whilst requests for clarification may be put to ComReg and questions submitted via its documented procedures in the current phase of the process see further below queries which or which in substance seek to revisit matters clearly already decided upon wil not be entertained in a way that would re open such matters Therefore to the extent that Telef nica now seeks to revisit certain concerns it has already fed into the consultation process prior to ComReg s Decision and the publication of ComReg s Information Memorandum these will be entertained by ComReg whether in the body of this letter or elsewhere in the manner and context set out above You mention that your letter raises a number of points that need immediate clarification by ComReg The issue of whether the points in fact need any clarification or immediate An Coimisi n um Rial il Cumarsaide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin Ireland Telephone 353 804 9600 Fax 353 804 9680 Email info comreg ie Web www cornreg ie 2 clarification will be dealt with in this letter on a case by case basis taking each question or point in turn I now respond to each of the queries raised in your letter in turn below by first quoting the query from your letter and then setting out
32. eguards ensuring the confidentiality of information that is provided to ComReg significant business and legal risks arise for the industry In light of the recent security lapses participants in the Proposed Auction must be Dublin Belfast Landon New York Palo Alto A B Buckley B M Cotter 5 M Doggett MP McKenna EA Aoberts A C Burke OLR Baxter B Walsh RM Mooe K Furlang D R Francls PM taw J G Grennan B McDermott K A Feeney C Rogers 1 Given A McCarthy A M Curran D Maln PT Fahy LA Murphy J H Hickson J Coman C Duty M Sherlock G O Toole D Widger JE Whelan A Roberts 4 Cahir A J Johnston A Walsh ME O Gorman PD White E M Brady ER Conlon J N Kelly Christie 4 8 Somerville Widger M Traynor M Rasdale A Casey CE Gif Vd Power PY Maher E MacNelll N O 5ullivan 5 Cr lnin M F Barr M Dale PM Murray D Inverarlty 8 Hosty EM FitzGerald LA Kennedy 5 O Rlordan K P Allen MJ Ward JAY Yare M L Stack McCourt N Ayan M Coghlan Consultants IR Osborne SW Haughey T V O Connor Professor LCW Wylle A F Browne M A Greene A V Fanagan 4A Q Farrell 1 8 Moore entitled to transparency in relation to the adequacy of the procedures ComReg Intends to introduce and our client formally calls for this In particular our client requires assurances in respect of the following Wi
33. eland Mo 326967 iractors Jeroen Hoencamp N omas Reis E Paul Ryan tT Paul Ryan Director Vodafone Ireland Correspondence with interested parties 23 ComReg reply to Vodafone letter of 6 July 2012 letter dated 6 July 2012 Commission for Communications Regulation Coimisi n Um from the chairperson Rial il Cumars ide 6 July 2012 Mr Paul Ryan Director Vodafone Ireland Limited Mountain View Leopardstown Dublin 18 RE Vodafone Ireland Limited Vodafone Custodianship of Information Dear Paul I refer to your letter dated 6 July 2012 and to the related correspondence between ComReg and Vodafone and or McCann FitzGerald solicitors on Vodafone s behalf which preceded that letter ComReg notes Vodafone s decision not to address in detail the points made in George Merrigan s letter to McCann FitzGerald dated 7 June 2012 and in my letter to Jeroen Hoencamp dated 12 June 2012 but that this is not to be taken as acceptance of or acquiescence to the points made on behalf of ComReg in these letters ComReg particularly welcomes your clarification on behalf of Vodafone to the effect that the reference in your earlier correspondence to an irreparably compromised Spectrum Auction process and NGA Consultation process was not intended to suggest that Vodafone actually considered those ComReg processes in fact to have been compromised beyond repair but rather to caution ComReg that the infor
34. ents for robust procedures and its obligations and responsibilities in this regard Vodatone s concern is not so much that the four practical enhancements are not adequate it is more that they are not relevant Vodafone says this because s Switching from soft copy to hard copy questions and answers and changing the application procedure to ensure the anonymity of applicants will not in any way reduce the risk of repetition of data breaches of the iype already experienced some of which Vodafone learns to its bemusement ComReg refuses to accept without even an attempt to provide a single supporting argument and in the face of contrary evidence as data breaches cd paragraph 6 91 of ComReg Document 12 50 2 Equally Vodafone can have no confidence that the engagement of a so called reputable consultancy organisation will result in any improvement where it does not know the identity or qualifications of the organisation the nature of the brief it has been given or the extent to which the unidentified consultancy will be able to procure compliance by ComReg and its staff In this context Vodafone recalls the press articles it has read concerning a report from Delotite which reportedly criticized ComReg more than a year ago for insufficient security implementation If this report existed it was clearly ineffective in terms of prompting ComReg to make its information custodianship systems fit for purpose and sufficiently ro
35. equences for Irish telecommunications markets and consumer welfare ComReg is considering bringing Vodafone s approach to the attention of interested and affected parties both domestic and international noting in the latter respect that the multi band spectrum award represents the State s implementation of several pieces of European legislation ComReg shall also take all appropriate measures to ensure that both processes continue without undue and unwarranted delays Page 5 of 6 amp a gt Communications Regulation P Whilst ComReg will continue to engage appropriately with Vodafone and its legal advisers on any substantive issues that remain ComReg feels that its time and effort would be better employed currently in not reiterating in several items of correspondence its perspective on the information custodianship and other issues Vodafone has sought to rehearse and re rehearse in correspondence over the past several weeks ComReg is also concerned at the effect of Vodafone s publicly available commentaries on this matter which in ComReg s view cast doubt on these important and legitimate processes without proper justification therefore urge Vodafone to engage more constructively with the regulatory processes and in particular the NGA consultation due to close on 13 July and the multi band spectrum award for which applications are due no later than 20 July Confidential 37 Yours sincerely Alex Chisholm Cha
36. er dated 16 May regarding the same matters ComReg will address the issues raised in this letter separately including in relation to the report from Deloitte referred to in both letters We have not received any letter neither our questions nor the Deloitte report are dealt with in ComReg Documents 12 50 or 12 52 The issues we raised in our letter of 16 May are directly relevant to the integrity of the auction process they have not been addressed by ComReg which instead has unreasonably and without justification decided to plough ahead with the publication of the Information Memorandum and related documents ignoring the information custodianship and security issues which we raised in that 16 May letter ComReg appears to be actively avoiding disclosure of information which could give clarity to the issues raised without providing any sound reasoning as to why it believes the process is intact and beyond scrutiny despite clear and compelling evidence to the contrary This failure by ComReg to provide the response it had promised or any response is another reason for Vodafone s concern that insufficient rigour in ComReg s approach to information custodianship may result in a greater risk of the current auction process being compromised or to the extent that it had already been compromised being further compromised 4 Concluding Remarks Vodafone again calls on ComReg to provide within a stated timeframe to Vodafone and the other in
37. er was published as item 8 in Document 12 49 Correspondence with interested parties 18 ComReg reply to McCann Fitzgerald letters of 30 May 2012 amp 5 June 2012 and Vodafone s letter of 7 June 2012 letter dated 12 June 2012 19 McCann Fitzgerald letter to ComReg Vodafone Correspondence letter dated 14 June 2012 20 Vodafone email to ComReg ComReg Correspondence email dated 14 June 2012 21 ComReg reply to Vodafone email of 14 June 2012 email dated 15 June 2012 22 Vodafone letter to ComReg Vodafone Ireland Limited Vodafone Custodianship of Information letter dated 6 July 2012 23 ComReg reply to Vodafone letter of 6 July 2012 letter dated 6 July 2012 24 ComReg letter to Vodafone Vodafone Ireland Limited Vodafone Custodianship of Information letter dated 6 July 2012 Correspondence with interested parties 1 ComReg reply to Telef nica letter of 22 May 2012 letter dated 30 May 2012 gt This Telef nica letter was published as item 43 in Document 12 49 Se Commission for Communications Regulation 30 May 2012 amp Mr Gary Healy Head of Regulatory amp Public Policy Telef nica Ireland Limited 28 29 Sir John Rogerson s Quay Docklands Dublin 2 Re Proposed ComReg spectrum auction Dear Mr Healy Thank you for your letter of 22 May 2012 concerning the above ComReg has considered the contents of your letter and notes that each of the four issues r
38. ess or other procedure to cater for the possibility of further interim licensing of Vodafone and Telef nica beyond 31 January 2013 remains appropriate and reasonable Therefore ComReg reiterates the position adopted in same and in its correspondence with Vodafone and or its legal advisers in this regard This position has reflected ComReg s view that Vodafone s attempt to link alleged issues in the current implementation of the multi band spectrum award process on the one hand to the alleged need for ComReg immediately to start a process leading to a possible further interim GSM 900 MHz licensing of Vodafone from February 2013 on the other is misplaced Page 3 of 6 z 7 Vodafone s request for an additional consultation in circumstances where there appears to be no objective justification for same together with the consequent delays which this would realistically cause to ComReg s multi band spectrum award seems to indicate a change in position on Vodafone s part given that Vodafone was advocating every haste as recently as in its response to ComReg s draft decision on this matter see for example paragraph 13 of Vodafone s response to Document 11 60 published on the ComReg website Confidential X While fully respecting Vodafone s considerable investments and market positions in Ireland and wishing to afford the company every reasonable opportunity to make its views known and to further develop its commerci
39. eveloped by DotEcon Lid for the purpose of calculating the winning bidders in the Auction and the amount of the winning bids and for the avoidance of doubt does not include Third Party Software which are provided therewith Software Documentation means the electronic or hard copy user manual supplied with the Software and Software Materials means the Software and the Software Documentation Third Party Software means the Ip_solve linear programming and the QuadProg quadratic programming libraries Words importing the singular shall include the plural and vice versa words denoting persons shall include bodies corporate and unincorporated associations of persons and vice versa ORGANISATION nuussenneerserseernennnnn nennen nenn ADDRESSE een DATE 2 ee anaana aaeeei Correspondence with interested parties 8 ComReg reply to eircom Group email of 12 June 2012 email dated 18 June 2012 From Samuel Ritchie Sent 18 J une 2012 16 25 To William McCoubrey Cc Samuel Ritchie Subject RE WDP software licence agreement Dear William Your email of the 12 June 2012 and attachment was forwarded to me for response ComReg has considered your comments in relation to the software licence being provided in respect of the beta winner and price determination software and responds as set out below The software licence is a DotEcon licence It is provided on the same terms to all interested parties and therefore f
40. extent of ComRee s problems in order to be able to make their own appraisal of the sufficiency of the remedial measures proposed by ComReg and realistically to assess the potential effect that inadequate measures in this confext could have on the integrity of the auction process Currently those potential auction participants including Vodafone are completely in the dark about the extent of ComReg s problem and do not even know if ComReg has itself established the dimensions of iis problems Secondly to the extent that t ComReg is taking steps to remedy the inadequacies in its systems for information custodianship these seem not to have been completed prior to the publication of the Information Memorandum Vodafone notes that ComReg says that its procedures for information management and security for the Award Process have been and will be enhanced it has implemented and is in the process of implementing enhancements to the physical and logical conitols emphasis added To be effective in the context of the auction process these enhancemenis should have been completed before the publication of the Information Memorandum Thirdly Vodafone notes that the only insight into the enhancements ComReg claims to have adopied ox to be in the process of adopting is contained in the outline of four so called practical enhancements provided in paragraph 6 103 of ComReg Document 12 50 Vodafone is concerned that these examples
41. fone has expressed its concern on the lack of certainty and transparency in relation to information custodianship since it began corresponding with ComReg on this issue the protocols for information custodianship are an integral part of the process and should be clear transparent and ratified broadly by the industry They should not be secretive and subject to undisclosed changes nor dealt with in a manner which is outside ComReg s usual processes and procedures and x ComReg refuses without providing any adequate basis for this refusal to disclose the various enhanced protocols in respect of its information management and security for the auction process because the provision of insights into those protocols could a compromise their effectiveness This is extraordinary ComReg seems to suggest that the enhanced protocols itis developing are so fragile that they will disintegrate if subjected to human gaze Vodafone cannot have confidence in protocols that it cannot see particularly where ComReg itself says that the integrity of the protocols would not withstand being disclosed to the potential auction participants whose information they are intended to protect ComReg has a statutory duty to behave in a reasonable and proportionate manner and by acting in this manner it is not in Vodafone s view conforming to that statutory standard As mentioned above Vodafone s concerns about the endemic nature of the problems
42. given by ComReg in the recent publication of the Information Memorandum relating to the information security processes it is proposing to adopt for the purpose of the spectrum auction including the appointment of the as yet unidentified security consultant have now been proven to be grdssly inadequate and unsatisfactory and do not address past breaches of which we are aware and any others which may already have occurred but have not yet come to light We trust that your response ta the many data custadianship concerns that we have identified and you have yet to satisfactorily address will comprehensively take into account and be referenced by this latest episode it also calls into question ComReg s ability to conduct a robust fair and non discriminatory process This disadvantage is heightened when considered in the context of the ComReg s expedited timelines which we have cantinually asked to be reviewed and extended to give adequate time for consultation in this regard it is our view that the short extension announced today is insufficient To ensure our position is not further prejudiced we would ask vou to immediately clarify how you propose to aderess these concerns and confirm if you intend to continue with the NGA consultation in its proposed form and along the currently proposed timelines At this juncture we do not believe this is possible for the reasons outlined above and we reserve the right to make further submissions in th
43. hat our consent to the redactions should be obtained prior to any publication Finally we have been asked by Vodafone formally to continue to reserve its right to damages for any loss it may suffer including any loss arising by virtue of any delays in the process and all of Vodafone s costs associated with the matters raised in this and previous correspondence Yours faithfully r 4 i Gun Rena Mi FitzGer DPC 5206320 1 i Page 6 6 From Patrick Mulvey patrick mulvey comreg ie Sent 16 May 2012 18 11 To Collins Damian mailto Damian Collins mccannfitzgerald ie Subject RE Vodafone Spectrum Auction MF LIVE FID1374183 Confidential Dear Damian In the interests of transparency ComReg intends to publish McCann Fitzgerald s letter of 16 May 2012 as part of its ongoing multi band spectrum release process I would appreciate if you would confirm whether or not any or all of the materlal In the letter submitted 16 May 2012 is considered confidential If McCann Fitzgerald considers this letter or any parts of this letter in its current form to be confidential ComReg requests that McCann Fitzgerald submit a redacted version by close of business on 18 May 2012 In doing so ComReg requires that you disclose what exactly is deemed confidential by McCann Fitzgerald and for what reasons the text is considered confidential Further information on ComReg s treatment of confidential information is published in ComReg do
44. i legislation Vodafone has expressed its views on the data custodians commercial position both in the context of its participa more generally by reference to the sequence of rel custodianship and to their actual and potential consequ relevant views are based on its legitimate and genuine Irish markets in which it operates and that those vie reference to the facts and matters which inform them the potentially serious consequences for Irish considering bringing Vodafone s approach to nd international noting in the latter respect mplementation of several pieces of European hip issues which affect or may affect its tion in the multi band spectrum award and evant facts and matters concerning data ences Vodafone believes as do we that its commercial concerns as to its position in the ws are reasonable rational and justified by Those views have been expressed consistently over time and Vodafone continues to maintain them BRUSSELS 40 Square de Meetis 1000 Brussels 5 Old Broad LONDON Tower 42 Level 280 QO Tel Pg 20 7621 1000 Fax 44 20 7621 9000 McCANN FITZGERALD ComReg is of course entitled to reach different views from Vodafone s on these issues However your above statement conveys implications which go considerably beyond any expression of disagreement with Vodafone s views on those issues In the specific context of ComReg s relationship as regulator with Vodafone a regulated entity
45. ible terms concerning ComReg s failure in the two recently published documents to take any adequate steps to deal with those endemic failures and also concerning ComReg s failure to address in those documents the issues drawn to its attention by Vodafone on information management and security Vodafone s view is that ComReg s unjustified and unreasonable refusal to address these issues increases the ever present risk that failures in information custodianship by ComReg may result in the auction process being compromised or to the extent that it had already been compromised being further compromised 2 The Inadequacy of ComReg s Response As far as the protection of confidential information is concerned ComReg sets out its final position for the auction process in paragraph 6 9 2 of ComReg Document 12 50 Not only is the final position inadequate for the purpose of protecting confidential information in the auction process for reasons that will be explained below it is also rather peculiar and unjustifiable as a final position because ComReg says its fimal position is likely to evolve in the near term in other words it is not final Thus potential auction participants are being told that the various enhanced protocols in respect of ComReg s information management and security for the auction process which are not in any event being disclosed to them may change during the auction process Voda
46. ilable for use before 12 June and that the software requires specialised hardware that takes time to procure Regards William William McCoubrey Head of Regulatory Policy Mobile and Consumer Affairs Correspondence with interested parties 10 ComReg reply to eircom Group email of 19 June 2012 email dated 19 June 2012 From Samuel Ritchie Sent 19 June 2012 17 16 To McCoubrey William Cc Patrick Mulvey Subject RE Extension to Q amp A deadline William ComReg has considered eircom s request for an extension to the deadline to 29 June for submission of any questions in respect of the WDP software and reasons for same ComReg does not propose to accede to your request for the reasons set out in its response to Question 5 of the Q amp A process which is available from ComReg s web site at the following address http www comreg ie radio spectrum questions and answers and clarifications 713 1097 html As you know it is ComReg s policy to publish exchanges of correspondence such as this in accordance with its usual procedures Accordingly would be grateful if you could indicate whether there is any specific confidential material in your e mail that eircom considers ought not to be published in accordance with these procedures Regards Samuel Dr Samuel Ritchie Manager Spectrum Operations Commission for Communications Regulation Correspondence with interested parties 11 McCann Fitzgerald let
47. ion Notice which will reflect ComReg s treatment of the questions raised Kind Regards George Menigan Director Market Framework Division Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Ireland Correspondence with interested parties 17 McCann Fitzgerald letter to ComReg ComReg Consultation on NGA roll out pursuant to ComReg Document 12 56 the NGA Consultation letter dated 7 June 2012 7 June 2012 Mr Alex Chishotm Commissioner Commission for Communications Regulation Block DEF Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 ComReg Consultation on NGA roll out pursuant to ComReg Document 12 56 the NGA consultation Dear Alex refer to the telephone conversation yesterday afternoon between you and Vodafone Ireland s CEO Jeroen Hoencamp Vodafone Ireland Limited Qur ret Mountainview Leoparastoyzr Gubtin 18 Ireland T 3535 0 1 203 7777 F 355 1 203 7778 W awy vodarane ie rapiat lice LMiaunaetviow camssasiovn Jan F Re and lo FAT Ciretigns demos rencia Wi Chania Renien BE Paul Bean 2 Endemic Failures in ComReg s Data Custodianship Processes We note that we have still yet to recelve a response to the most recent letter of Tuesday 5 June last sent from McCann FitzGerald on our behalf and the various issues and correspondence referred to in that letter The assurances
48. ioned in its correspondence heretofore Without prejudice to the generality of the foregoing felt it appropriate in particular to mention these things in circumstances where correspondence dated 7 June has referred to both of these processes now being irreparably compromised and future infrastructure investments being now subjected to extraordinary and utterly unreasonable jeopardy both unfounded characterisations and assertions with which ComReg strongly disagrees as our previous correspondence will reflect and for which Vodafone has provided no evidence Page 2 of 6 a ComReg s decision not to hold such a specific consultation is set out and explained in earlier published correspondence gt 4 Rx EN Communications Regulation A In summary ComReg s key positions as mentioned in its previous correspondence are that 1 As first set out in our letter to Vodafone dated 4 May 2012 ComReg does not consider it necessary or appropriate for ComReg to hold a specific consultation concerning information custodianship and security processes 2 ComReg treats information security as an important matter and takes information security issues very seriously 3 ComReg recognises that there were certain unfortunate information handling events as referred to in previous correspondence but does not agree that they can be abstracted to found a claim as urged by Vodafone that it suffers from endemic problems or that the
49. irperson Note Sections marked Confidential lt lt have been redacted to protect the confidentiality of a third party Page 6 of 6 Correspondence with interested parties 19 McCann Fitzgerald letter to ComReg Vodafone Correspondence letter dated 14 June 2012 McCann FitzGerald Solicitors Riverside One Sir John Rogerson s Quay Dublin 2 Tel 353 1 829 0000 Fax 353 1 829 0010 Email inquiries mecannfitzgerald ie Dx 31 Dublin www mecannfitzgerald ie OUR REF YOUR REF SEB 5297036 1 Alex Chisholm Esq Commission for Communications Regulation Block DEF Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 Vodafone correspondence Dear Commissioner Chisholm MCCANN FITZGERALD DATE 14 June 2012 BY EMAIL AND BY POST We refer to your letter of 12 June 2012 to Mr Jeroen Hoencamp of Vodafone Ireland Limited to which we have been instructed to respond in part in this letter We will respond separately to a number of points of detail therein by separate letter which will responds also to Mr Merrigan s letter of 7 June 2012 The following statement is made at page 5 of your letter stance Vodafone recently appears to have adopted and given Because of our growing concern regarding the telecommunications markets and consumer welfare ComReg is the attention of interested and affected parties both domestic a that the multi band spectrum award represents the State s
50. is regard 4 Concluding Remarks in summary the spectrum auction and the NGA roll out are potentially the most significant matters related to telecommunications infrastructure investment in Ireland that the industry has seen to date or is likely to see for some time lt is not an exaggeration to state that the successful completion of these processes js of critical Strategic national importance To put this in context the combined investment of the industry at stake is likely to be well in excess of 2 billion This clearly puts an onus on ComReg as the statutory body with responsibility for managing these processes to ensure that they are operated in a transparent and robust manner taking into account at all stages the concerns of all participants involved This has not happened to date and the seemingly endless flow of incidents relating to the integrity of ComReg s data custodianship processes in the context of the spectrum auction and now the NGA consultation must lead to the inevitable conclusion that both processes are now irreparably compromised Yesterday s development confirms beyond doubt that the industry s and Vodafone s previously highlighted and well documented concerns in this regard were and are fully justified To our dismay they continue to remain unaddressed by ComReg We await your response on those concerns together with the additional matters raised above and again request a thorough consultation setting out all of the fac
51. l by ComReg 10 Without prejudice to the foregoing ComReg states as follows a ComReg is not aware of any lapses in information custodianship of possible relevance to the auction process that have not already been addressed in this correspondence note for completeness the revelation by your client yesterday of an error made by another commercial party in the preparation and submission of confidential non confidential data in another area of work This does not speak to ComReg s information handling procedures in relation to the auction and will be addressed in a separate communication with your client Commission for Communications Regulation b The only information custodianship issue of which ComReg is aware that might have any potential relevance to this process is the issue concerning the PE Re wie Fey RFE E c In common with the lapses referred to by Vodafone in correspondence generally the misdirection to Vodafone by Dr Ritchie of a personal e mail regarding cricket scores and how to obtain them is not a matter of consequence having a bearing on information custodianship or security as it relates to the forthcoming auction process Without prejudice to that however ComReg confirms that i ComReg will not in any event use e mail at all when dealing with confidential information during the auction process ii Dr Ritchie does not use the cricket score related password referred to by Vodafone for other purpose
52. le shall not be removed from the Software Materials 6 LIABILITY Subject as provided in this agreement and to the extent permitted by law neither ComReg nor DotEcon Ltd shall have any liability to you under this agreement whether arising from negligence breach of contract or otherwise Subject as provided in this agreement ComReg and DotEcon Ltd shall not be liable to you for any indirect or consequential loss or damages or for any loss of business or profits whether arising from negligence breach of contract or otherwise Without prejudice to the generality of the foregoing DotEcon s and ComReg s aggregate liability under this agreement for all liabilities and losses arising directly or indirectly from this agreement and your use of the Software Materials shall not exceed 1 000 7 ASSIGNMENT You may not assign sub license transfer or otherwise dispose of any of your rights or sub contract transfer or otherwise dispose of any of your obligations under this agreement without the prior written consent of DotEcon Ltd 8 GOVERNING LAW AND JURISDICTION This validity construction and performance of the obligations under this licence shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction in relation to any disputes arising herefrom save that DotEcon Lid or ComReg shall be entitled to seek interim or injunctive relief hereunder in any court of approp
53. mation handling issues identified by Vodafone had the potential to increase the risk or perception of compromised processes For its part ComReg similarly reiterates that it has clearly set out its responses and positions concerning the information handling issues Vodafone has rehearsed in recent times and that these are also the subject of published correspondence and a matter of public record ComReg similarly stands by the contents of its correspondence generally Yours sincerely Max halt p Alex Chisholm Chairperson An Coimisi n um Rial il Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin Ireland Telephone 353 804 9642 Fax 353 804 9645 Email chairperson comreg ie Web www comreg ie Correspondence with interested parties 24 ComReg letter to Vodafone Vodafone Ireland Limited Vodafone Custodianship of Information letter dated 6 July 2012 Commission for Communications Regulation Coimisiun Um M from the chairperson Rial il Cumars ide 6 July 2012 Mr Paul Ryan Director Vodafone Ireland Limited Mountain View Leopardstown Dublin 18 RE Vodafone Ireland Limited Vodafone Custodianship of Information Dear Paul I refer to your letter dated 6 July 2012 and to my reply of today For completeness I also wish to respond to the following remaining correspondence relating to these matters which comprises of an e mail from I
54. ment 12 49 and e secondly section 6 9 2 of ComReg Document 12 50 trust this is satisfactory Yours sincerely a EN un ae SR pm L George Merrigan Director Market Framework An Coimisi n um Rialail Cumars ide Commission for Communications Regulation Abbey Court Irish Life Centre Lower Abbey Street Dublin I Ireland Telephone 353 804 9600 Fax 353 804 9665 Email info comreg ie Web www comreg ie Correspondence with interested parties 7 Eircom Group email and attachment to DotEcon RE WDP software licence agreement email dated 12 June 2012 From William McCoubrey To IrishMultiBand2012 dotecon com Date 12 06 2012 17 30 Subject RE WDP software licence agreement Hi We have reviewed the proposed software licence agreement and request that the comments included in the attached word document be taken into account Regards William SOFTWARE LICENCE AGREEMENT 1 LICENCE ACCEPTANCE Where the Software is downloaded by a natural person for his or her own use 1 The word you used in this licence applies to you the individual who downloads installs and or uses this software 2 By downloading installing and or using the Software you agree to be legally bound by this agreement and you warrant that you are the authorised user of this Software If you do not agree to all of the terms of this agreement then do not download install or use the Software Where the Software is downloade
55. nica Ireland Limited Telef nica and the inadvertent misdirection of same by ComReg to one and the other party Telef nica s response to that incident has been measured and brief However Vodafone and its legal advisers have directed a large volume of correspondence at ComReg since then containing claims of damage compromise to regulatory processes and intimations of legal action while also referring to certain unrelated and questionable media reports and unconnected events Also while Vodafone in more recent correspondence appears to consider itself to speak on behalf of industry in calling for consultation on ComReg s information security procedures for the multi band award process industry views are by no means the only views to which ComReg should have regard Furthermore no other interested and affected parties from industry or otherwise have in fact expressed any need for such consultation or requested same of ComReg Indeed they are consistent in calling for progress in bringing the award process to an expeditious conclusion Whilst ComReg has in separate correspondence with Vodafone and its legal advisers set out its clear positions on these matters consider it appropriate and desirable a to bring to your attention an unfortunate lack of a constructiveness of approach which ComReg perceives on Vodafone s part in the respective processes and b clearly to re state in summary terms ComReg s key positions as ment
56. ntial information during the forthcoming auction process The ongoing involvement of the external experts is intended to provide a further safeguard as to our adoption of and conformance with the high standards necessary in an award of this kind 6 Whilst there have been some unfortunate misdirections of communications which have been the subject of recent correspondence between your firm Vodafone and ComReg ComReg does not agree with your abstraction of these to arrive at conclusions that a there must necessarily be endemic failings in ComReg with regard to these matters and b any failings that there are or have been may be stretched to have the capability to undermine the very integrity and efficacy of the forthcoming auction process Commission for Communications Regulation misdirections of communications referred to by Vodafone were unfortunate and whilst ComReg is taking steps to seek to ensure that such lapses do not occur in future it does not follow as your correspondence suggests that a stand alone spectrum auction process with its ring fenced procedures and supports is in danger of being compromised either because of the particular lapses that occurred historically or by reason of similar such lapses during the course of the implementation of the auction process 8 ComReg does not feel obliged to answer the various interrogatories sent by you on behalf of Vodafone which are premised on the existenc
57. or consistency purposes it is not appropriate to negotiate individual terms and conditions with each interested party ComReg is of the view that none of the comments highlight material mistakes or matters which necessitate changes to the software licence As this is a free licence the software is being provided as is and consequently ComReg is of the view that some of Meteor s proposed substantive changes are inappropriate here Finally ComReg notes that it is clear that Information Memorandum is defined to be ComReg Document 12 52 in the licence Accordingly ComReg does not propose to request DotEcon to make any changes to the licence being offered Yours sincerely Samuel Dr Samuel Ritchie Manager Spectrum Operations Commission for Communications Regulation Correspondence with interested parties 9 Eircom Group email to ComReg Extension to Q amp A deadline email dated 19 June 2012 From McCoubrey William Sent 19 J une 2012 15 02 To Samuel Ritchie Cc Patrick Mulvey Subject Extension to Q amp A deadline Dear Samuel With reference to the multi band spectrum award process deadline for submission of questions regarding the award process am writing to request an extension to the deadline to 29 June for submission of any questions in respect of the WDP software We are making this request in order to have sufficient time to evaluate the software bearing in mind that the software was not ava
58. qually vital to the competitive structure of the market e of great interest and concern to a wide range of public and private stakeholders and e legally necessary and appropriate given ComReg s statutory responsibilities under Irish law and applicable EC legislation In the case of NGA ComReg is also strongly of the view that e itis essential to establish an appropriate regulatory regime taking the utmost account of the EU NGA Recommendation e this needs to be progressed in a timely fashion and e outcomes should be positive for consumer welfare We note that in Vodafone s letter of 7 June the view is put forward that the spectrum auction and the NGA roll out project are potentially the most significant matters related to telecommunications infrastructure investment in Ireland and that it is not an exaggeration to state that the successful completion of these processes are of critical national importance On this we can agree But Vodafone then goes on to make the misplaced and unfounded assertion that both of these processes are now irreparably compromised my emphasis ComReg is surprised that a company of Vodafone s stature should make a remark in such incautious terms as this and adopt such a position both generally and in correspondence intended for publication Because of our growing concern regarding the stance Vodafone recently appears to have adopted and given the potentially serious cons
59. received a substantive response to the many significant issues raised in that sequence of correspondence could you now please urgently either provide us with ComReg s substantive response or let us know the timeframe within which we may expect to receive that substantive response This letter does not contain any confidential information or business secrets and may be published John Cronin David Clarke Timothy Bouchier Hayes Jane Marshall Ronan Molony Lonan McDowell Julian Conlon Damian Collins Catherine Deane Paul Heffernan Terence McCrann Muriel Walls Roderick Bourke Ambrose Loughlin Niall Powderly Kevin Kelly Hilary Marren Eamonn O Hanrahan Roy Parker Patricia Lawless Barry Devereux Geraldine Hickey Helen Kilroy Judith Lawless James Murphy David Lydon David Byers Sean Barton Colm Fanning Paul Lavery Julie Quin Alan Fuller Claire Lenny Maureen Dolan Michelle Doyle Hugh Beattie Fergus Gillen Valerie Lawlor Mark White Rosaleen Byrne Eamon de Valera Joe Fay Ben Gaffikin Donal O Raghallaigh Karyn Harty Philip Andrews Barrett Chapman Mary Brassil Audrey Byrne Shane Fahy Georgina O Riordan Adrian Farrell Michael Murphy Annette Hogan Aidan Lawlor Darragh Murphy Brian Quigley Stephen FitzSimons David Hurley Philip Murphy Fiona O Beirne Garreth O Brien Consultants Eleanor MacDonagh FCA Peter Osborne Michael Ryan rca Tony Spratt aca BRUSSELS 40 Square de Mee s 1000 Brussels Tel 3
60. riate jurisdiction 9 INTERPRETATION In this agreement Auction means the auction for frequencies in the 800MHz 900MHz and 1 8GHz bands in Ireland described in ComReg document 12 52 Auction Rules means the rules which will govern the conduct of the Auction as specified in the Information Memorandum ComReg means the Commission for Communications Regulation in Ireland as established by the Communications Regulation Act 2002 DotEcon Ltd means a company called DotEcon Ltd whose registered office is at 17 Welbeck Street London W1G 9XJ Intellectual Property Rights means all rights in inventions patents copyrights design rights trade marks and trade names service marks trade secrets know how and any other intellectual property rights whether registered or unregistered and all applications for any of them anywhere in the world Licence means the licence in respect of the Software Materials granted to you under clause 2 Licence Term means the period of time starting with the date on which you first download install or use the Software and ending one week after the date on which ComReg announces the results of its multi band spectrum award process or otherwise terminates that award process Deleted A Comment 04 A third party ipr claim should be uncapped Deleted A Comment 05 Ideally we would prefer Treland Software means the software d
61. rity no response from ComReg has been published In relation to the reasonableness adequacy and justifiable basis of ComReg s response Vodafone notes first that ComReg has provided no indication to potentially affected stakeholders of the nature and extent of its problem in relation to information custodianship Vodafone s view is that ComReg s problem is endemic and grave and continues to raise many serious questions that have not been satisfactorily addressed Are the lapses that Vodafone has drawn to ComReg s attention based on its own direct experience the only lapses that have occurred Have there been other lapses Did they involve confidential information Does ComReg know What steps has ComReg taken to identify lapses Vodafone does not have answers to these questions and to the other questions posed in recent correspondence that remain unanswered by ComReg As a matter of principle it is not possible to address a problem without knowing its scope and gravity if ComReg has failed properly to establish the extent of its information custodianship problem its response and the measures it takes to address that problem will inevitably be inadequate and fall far short of what is required especially given the significance of the auction process and ComReg s statutory obligations For this reason the questions raised by Vodafone need to be addressed urgently by ComReg Potential auction participants also need to know the nature and
62. s 21 ComReg reply to Vodafone email of 14 June 2012 email dated 15 June 2012 From Alex Chisholm Sent 15 J une 2012 11 33 To Hoencamp J eroen Vodafone Ireland Subject RE ComReg Correspondence Dear Jeroen Thank you for your email to myself of the afternoon of 14 June the contents of which are noted With respect to your particular request that and my colleagues direct all future correspondence on these matters to Paul Ryan Vodafone Ireland s internal legal team and McCann FitzGerald as appropriate would like to note the following My letter to you of 12 June was sent in the belief that it was appropriate to conduct such high level communications from myself as Chairperson to yourself as Chief Executive given the significance of the issues the advanced stage we have reached in our overall process and the commonly acknowledged importance of this process The letter was also sent in the belief that the manner of Vodafone s engagement with ComReg in relation to the matters referred to in that letter and the Commission s expressed concerns regarding this were assumed to be such that you might reasonably be expected to wish to assess for appropriateness from your perspective as Chief Executive and to consider changing note we have now received a response to my letter of 12 June from your external solicitors who you have instructed to represent Vodafone and as such we will further engage in respect of that letter
63. s and in particular does not use them for access to ComReg systems iii The other Paul Ryan has not ever received e mails intended for Vodafone s Paul Ryan Finally please note that subject to appropriate redaction ComReg will publish this exchange of correspondence in accordance with its usual procedures Whilst you have franked your letter of 30 May with the notation Confidential you then go on to state at its conclusion that it contains no confidential information and may be published as is In that regard however you will have noted from the contents of this letter that ComReg considers some of the contents of your letter to be inappropriate for publication and ComReg intends to redact same Yours sincerely Correspondence with interested parties 14 McCann Fitzgerald reply to ComReg letter of 7 June 2012 letter dated 8 June 2012 a 8 June 2012 Alex Chisholm Esq Commission for Communications Regulation Block DEF Abbey Court Irish Life Centre Lower Abbey Street Dublin 1 ComReg Consultation on NGA roll out pursuant to ComReg Document 12 56 the NGA consultation Multi band Spectrum Release Custodianship of information Dear Alex I refer to my letter of 7 June 2012 on the NGA Consultation and to George Merrigan s letter also of 7 June 2012 to Damian Collins of McCann FitzGerald responding lo our correspondence werillen originally in the context of the Mutti band Spectrum Rele
64. s and all such representations warranties and conditions are excluded save to the extent that such exclusion is prohibited by law 4 INTELLECTUAL PROPERTY RIGHTS ___ Comment 03 Normally one would expect an intellectual property right ipr indemnity from the supplier in the event that a third party sues eircom claiming that You acknowledge that all Intellectual Property Rights in the Software Materials are vested and shall remain vested in DotEcon Ltd eircom breached that third parties ipr However in this instance we are not paying 5 USE OF THIRD PARTY SOFTWARE LIBRARIES re This Software is a work that uses the Ip_solve linear programming and the QuadProg quadratic programming libraries Unmodified versions of these libraries are statically linked by the Software Materials Both libraries are licensed pursuant to the Lesser GNU Public Licence LGPL the text of which is included with the Software Materials and which shall not be removed from the Software Materials Source code for the Ip_solve library may be obtained by following instructions provided with the Software Materials see the file Ipsolve_licensing txt these instructions for obtaining the source code of the Ip_solve library as well as the source code itself provided in the file Ip_solve_5 5 2 0_source tar gz shall not be removed from the Software Materials The source code for the QuadProg library is provided in the file quadprog 1 2 tgz This fi
65. s considering bring Vodafone s stance on these issues and in what regulatory context or process and or for what purpose would such a notification be made 5 Is it intended or suggested that such a notification would be made in respect only of Vodafone s stance or would the expressed views of other operators or interested parties likewise be the subject of such a notification What process will ComReg use to determine whether to make such a notification and how will any such determination be communicated to Vodafone and other stakeholders Vodafone has expressed its views on the relevant issues on the record and it plainly does not object in principle to the transmission of its publicly expressed views to other persons but it is entitled to understand what new process would now be commenced by ComReg if it decides to do as it is says it is considering Your concluding statement urging Vodafone to engage more constructively with the regulatory processes and in particular the NGA consultation and the multi band spectrum award necessarily implies that ComReg holds the view that Vodafone s engagement with the regulatory processes generally and specifically with the two processes identified has been less than sufficiently constructive The two statements in your letter convey that ComReg is generally dissatisfied with the way in which Vodafone has expressed its views on the data custodianship issues and with Vodafone s engagement in the reg
66. ssary or appropriate as a general matter 2 Contrary to the view expressed by you on behalf of Vodafone ComReg s reference to these matters as matters of procedural detail was certainly not intended to diminish their importance Rather that reference was intended to distinguish between a substantive matter on which ComReg would appropriately consult in a process such as this rather than a procedural matter relating to the operational implementation of consulted upon substantive matters 3 Whilst ComReg has not consulted separately on these matters it has had regard to Vodafone s extensive submissions and views in relation to information custodianship and security and will continue to have regard to views submitted by it or by any other interested party with regard to these matters going forward 4 Whilst ComReg has set out in its recently published Response to Consultation document and Information Memorandum some appropriate information regarding information custodianship and security which are of relevance to the forthcoming auction process it points out that the work of the reputable consultancy organisation it has engaged is ongoing and that unlike Vodafone ComReg is confident that this engagement should serve to satisfy interested parties that ComReg s processes surrounding the forthcoming auction are appropriate robust and secure 5 ComReg considers that it is making appropriate arrangements for safeguarding confide
67. ssary to address an element of my letter of 7 June to you where suggested in my Concluding Remarks that both the current process and the NGA consultation process were rreparably compromised due to the series of information custodianship and security episodes we have felt it necessary to raise with ComReg in recent months On reflection specifically in relation to the highlighted phrase believe it may be appropriate to clarify that my intention was to caution ComReg that repeated information custodianship lapses tend to increase the risk or perception of compromise rather than to suggest that the current processes had been compromised beyond repair trust this clarifies Vodafone s position in this regard and in relation to this matter generally As far as this letter is concerned it does not contain any confidential information or business secrets and can be published by ComReg in its current form without redaction If ComReg proposes to make redactions to this letter prior to publication request that should be informed of the proposed redactions and the reasons for which the redactions are proposed and that my consent to the redactions should be obtained prior to any publication Your ref Vodafone Ireland Limited Jur ref MountainView Leopardstown Dublin 18 Ireland M ce 444 477 T 353 0 1 203 7777 F 353 0 1 203 7778 W www vodafone e Registered Office Mountain View Leopardstown Dublin 18 Registered in Ir
68. ter to ComReg Vodafone Multi band Spectrum Release Custodianship of Information letter dated 30 May 2012 McCann FitzGerald Solicitors qo Square de Meetis 1000 Brussels MCCANN FITZGERALD Tel 32 2 740 0370 Fax 32 2 740 0372 Email inquiries mccannfitzgerald ie www mecannfitzgerald ie OUR REF YOUR REF DATE DPC 52063201 30 May 2012 Alex Chisholm Esq BY EMAIL AND Commission for Communications Regulation BY POST Block DEF Abbey Court Trish Life Centre Lower Abbey Street Dublin 1 Vodafone Multi band Spectrum Release Custudianship of Information Dear Commissioner Chisholm L Introduction We refer to the following documents published by ComReg during last weekend e ComReg Document 12 50 Multi band Spectrum Release Response to Consultation and e ComReg Document 12 52 Multiband Spectrum Release Information Memorandum We also refer fo our correspondence with you on behalf of our client Vodafone and to earlier Vodafone correspondence with you following the publication of ComReg Document 12 25 in March of this year We note that ComReg has decided without providing adequate reasoning not to accept Vodafone s suggestion that it should consult with industry participants in the context of and prior to the forthcoming auction concerning the adoption of a protocol for the custodianship of information that would reflect best industry and regulatory practice and that would seek to mitigate the effect of th
69. terested parties a reasoned coherent thorough and comprehensive response to the growing volume of issues regarding ComReg s approach to information custodianship outlined in this letter and other correspondence and to address the potential impact of those issues on the integrity of the auction process Specifically Vodafone requests that ComReg discloses s the full extent of any other breaches of which it is aware e the steps taken if any to remedy those breaches the steps it has taken to identify and remedy other possible breaches of which it is not currently aware and f e the further remedial measures that ComReg intends to put in place in the context of information custodianship generally Vodafone now has a very real concern that the compromise of the auction process could be the DPC 5206320 1 i Page 5 6 CONFIDENTIAL McCANN FITZGERALD consequence of ComReg s approach In circumstances where this approach may have already led to the auction process being compromised this situation will not be remedied by ComReg s ongoing intransigence with regard to the issues raised This letter does not contain any confidential information or business secrets and may be published by ComReg in its current form without redaction z However if ComReg proposes to redact this letter prior to publication we request that we should be _ informed of the proposed redactions and the reasons for which the redactions are proposed and t
70. ts and their consequences and what mitigating steps ought to be taken to give the industry sufficient comfort in the context of the proposed substantial investments in spectrum and fibre infrastructure which are now subjected to extraordinary and utterly unreasonable jeopardy Please note that this letter does not contain any confidential information or business secrets and may be published by ComReg in its current form without redaction Yours sincerely Paul yen Director Vodafone Ireland ae Correspondence with interested parties 18 ComReg reply to McCann Fitzgerald letters of 30 May 2012 amp 5 June 2012 and Vodafone s letter of 7 June 2012 letter dated 12 June 2012 A Commission for Communications Regulation Coimisiun Um from the chairperson Rialail Cumarsaide 12 June 2012 Mr Jeroen Hoencamp Chief Executive Officer Vodafone Ireland Limited MountainView Leopardstown Dublin 18 Ref Vodafone correspondence Dear Jeroen refer to correspondence between Paul Ryan of Vodafone Ireland Limited Vodafone and Vodafone s legal advisers McCann Fitzgerald and the Commission for Communications Regulation ComReg on the issue of ComReg s custodianship of information in the context of ComReg s upcoming multi band spectrum award as well as ComReg s decision not to hold a specific consultation in relation to information handling matters in the context of that award process also refer to recent
71. uction are appropriate for that process Further ComReg points out that the work of that consultancy organisation is ongoing and that ComReg is confident that its engagement of this organisation and its other advisors coupled with its own detailed work in this regard should serve to satisfy interested parties that ComReg s processes surrounding the forthcoming auction are appropriate robust and secure ComReg accordingly considers that it is making all appropriate arrangements for safeguarding confidential information in relation to the forthcoming auction process The ongoing involvement of external experis is intended to provide a further safequard as to ComReg s adoption of and conformance with the high standards necessary in an award of this kind Further insofar as your client s E are premised on the existence of some perception of SEC Arnone within ComReg relating to information security ComReg does not feel obliged to answer or provide them as the case may be in circumstances where ComReg rejects that there is any such problem and in any event in circumstances where ComReg rejects the alleged connection beiween previous incidents and the efficacy or integrity of the forthcoming auction process rs PY aie paua Yours sincerely je AO George Merrigan Commission for Communications Regulation Correspondence with interested parties 4 Telef nica letter to ComReg
72. ulatory processes generally If those statements accurately reflect ComReg s disposition towards Vodafone then they are obviously capable of giving rise to apprehensions and potential repercussions which would be of particular concern to Vodafone as a regulated entity participating in various regulatory processes on an ongoing basis and for this reason in particular we would welcome the clarifications sought above Page 2 2 MCCANN FITZGERALD Given their significance we would request such clarification by 18 June 2012 Yours faithfully le CM ved McCann FitzGerald Page 3 2 Correspondence with interested parties 20 Vodafone email to ComReg ComReg Correspondence email dated 14 June 2012 From Hoencamp Jeroen Vodafone Ireland Sent 14 June 2012 17 33 To Alex Chisholm Subject ComReg Correspondence Dear Alex acknowledge receipt of your letter dated 12 June last and note the contents thereof confirm that all matters raised in your letter and in previous correspondence between Vodafone Ireland and ComReg will be addressed and dealt with by Paul Ryan Vodafone Ireland s internal legal team and McCann FitzGerald would ask that you and your colleagues direct all future correspondence on these matters to these parties as appropriate Lastly understand that McCann FitzGerald will be responding to the points raised in your letter in due course Regards Jeroen Correspondence with interested partie

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