No L 306/22 Official Journal of the European Communities 7.11. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 18 October 1991 relating to a proceeding pursuant to Article 85 of the EEC Treaty (IV/32.737 — Eirpage) (Only the English text is authentic) (91/562/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation No 17 of 6 February 1962, First Regulation implementing Articles 85 and 86 of the Treaty ('), as last amended by the Act of Accession of Spain and Portugal, and in particular Articles 4, 6 and 8 thereof, Having regard to the application for negative clearance and the notification for exemption, submitted under Articles 2 and 4 of Regulation No 17 on 17 May 1988 by Bord Telecom Eireann and Motorola Ireland Ltd of a joint venture agreement and related agreements and docu- ments, concerning the setting up, promotion and opera- tion of a nationwide interconnected paging service, Having regard to the summary of the application and notification published pursuant to Article 19 (3) of Regu- lation No 17 (3, After consulting the Advisory Committee on Restrictive Practices and Dominant Positions, () OJ No 13, 21. 2. 1962, p. 204/62. () OJ No C 294, 24. 11. 1990, p. 3. Whereas : 1) @ L. THE FACTS On 17 May 1988, Bord Telecom Eireann (‘Telecom’) and Motorola Ireland Ltd (‘Motorola)) submitted for negative clearance or alternatively exemption, joint venture and accompanying agree- ments relating to the setting up, promotion and operation of a nationwide paging system intercon- nected to the public telecommunications network. In the company set up for this purpose in April of 1988, ‘Eirpage Ltd’, the parties pool their comple- mentary skills, namely Telecom’s technological expertise in the provision of telecom infrastructure and services and Motorola’s marketing and product expertise in radio-paging services. A. The parties and the service concerned Telecom was corporatized in 1984. Pursuant to Section 87 of the Postal and Telecommunications Services Act 1983 (the Act), in conjunction with the Telegraph Act of 1869, it continues to enjoy a statutory exclusive privilege with respect to tele- communications infrastructures and the provision of certain telecommunications services, subject to the powers of Telecom itself (Section 89) and of the Minister for Communications (Section III) to grant licences to third parties to provide telecommunica- tions services within the exclusive privilege of Section 87. »