Dáil Éireann debate -
Tuesday, 21 Nov 1995

Vol. 458 No. 5

Written Answers. - Television Deflector Systems.

Edward Nealon

Question:

196 Mr. Nealon asked the Minister for Transport, Energy and Communications if, in view of recent court decisions, he is in a position to consider the licensing of television deflector systems to bring extra channels to areas where there is a demand for such services, in view of the fact that these are usually community-based and non-profit making and considerably cheaper than any alternative methods; and if he will make a statement on the matter. [17244/95]

Trevor Sargent

Question:

197 Mr. Sargent asked the Minister for Transport, Energy and Communications if he will immediately release from custody the communications equipment taken from Bandon, Enniskeane and Fermoy. County Cork, which is the property of South Coast Community Television. [17300/95]

Trevor Sargent

Question:

198 Mr. Sargent asked the Minister for Transport, Energy and Communications if he will issue a licence to South Coast Community Television to rebeam transmission signals on the deflector system in view of the content and spirit of Judge Keane's judgment in the High Court on 10 November 1995. [17301/95]

Trevor Sargent

Question:

199 Mr. Sargent asked the Minister for Transport, Energy and Communications if he will undertake not to appeal Judge Keane's High Court decision to the Supreme Court in the case relating to South Coast Community Television. [17302/95]

Minister for Transport, Energy and Communications (Mr. Lowry)

I propose to answer Questions Nos. 196 to 199, inclusive, together.

The Deputies will be aware that the High Court judgment to which they refer was delivered only on Friday, 10 November last, and is reportedly among the longest High Court judgments ever. Given this fact and the complex and difficult issues which were put before the court, I welcome the speedy decision in the case. However, they will appreciate that I will have to consider the judgment carefully and take legal advice on it before any definitive comment or decision on the question of an appeal can be made. It should be noted that a final written and approved copy of the judgement has not yet been made available by the court.

I would, however, like to point out that the High Court in affirming the statutory basis for radio frequency licensing, including the validity of the exclusive MMDS licences, confirmed my duty to regulate the use of the radio spectrum in the national interest. An important consideration is the quality of services to television viewers. This places a demand on frequency space. However, I must also have regard to Government policies and objectives in the broadcasting area, which will require frequencies for a third independent television channel, as well as an Irish language channel. Teilifís na Gaeilge, both of which are to be provided on a nationwide basis. Provision will also have to be made in the near future for frequencies to broadcast programmes in the new digital format.

The judgment went on to affirm the right of South Coast Community TV to have the case for licensing their system in the UHF broadcast band reconsidered by me, but it does not predicate what the outcome of that reconsideration should be. As soon as my Department receives a detailed licence application from South Coast it will be fully examined in a process that is fair and impartial but which takes account of all my responsibilities. The implications of the judgment for the provision of similar services in other parts of the country will be considered. In the meantime, I am prevented by the continuing injunction from taking any action against South Coast pending further consideration of the matter by the court.

Turning to the question of equipment held by my Department, the Deputy will be aware that this was voluntarily surrendered although its return was subsequently sought. The equipment was retained on the basis that it would have constituted an offence to possess it without an appropriate licence. That situation does not appear to have been altered by the judgment, although this issue will be further considered in the context of my examination of the South Coast application.