Dáil Éireann debate -
Tuesday, 23 Nov 1999

Vol. 511 No. 3

Written Answers. - Broadcasting Legislation.

Enda Kenny

Question:

297 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if the intention of section 7 (8) and (9) of the Broadcasting Bill, 1999, is to procure the re-transmission within the State for reception throughout the State by way of DTT of the four principal UK analogue services (details supplied); if so, the section of the Bill where this re-transmission is procured; if not, her views on whether this provision amounts to the allocation of capacity for five or more television channels to a foreign company or person drawn from a very narrowly defined range and that these channels will not be subject to Irish licensing or content regulation; and if she will make a statement on the matter. [24588/99]

Enda Kenny

Question:

298 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if the person described in section 7 (7) of the Broadcasting Bill, 1999, as the first mentioned person in subsection 6 is in fact the RTE Authority; if not, if she will name the persons intended to be identified by this form of words; and if she will make a statement on the matter. [24589/99]

Enda Kenny

Question:

299 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands the person, persons or types of person or persons who would or do qualify as a person who provides a broadcasting service in Northern Ireland being a broadcasting service that is receivable throughout the whole of Northern Ireland, having regard to any limitations which might exist in the charter, memorandum or articles of any company or institution which might otherwise fall within the terms of this description which appears in section 7(8) of the Broadcasting Bill, 1999; and if she will make a statement on the matter. [24590/99]

Enda Kenny

Question:

300 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether it is desirable for commercial and other planning purposes to introduce as much certainty as possible into the broadcasting market; her further views on whether there is no reason in principle that the period which will elapse between the first DTT transmissions and the date upon which analogue television broadcasts will cease can be defined in terms of the percentage of households which are capable of and actually do receive DTT carried broadcasting services and that it would be desirable in the interests of certainty and commercial and other planning purposes to define this period in these terms in the Broadcasting Bill, 1999; and if she will make a statement on the matter. [24591/99]

Enda Kenny

Question:

301 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if the intention of the allocation to the RTE Authority of a multiplex in section 7(5) of the Broadcasting Bill, 1999, is to provide the authority with sufficient payload to carry a total of five DTT television channels; her views on whether the payload actually allocated by the allocation of a single multiplex to the authority exceeds the payload requirement of five television channels; and the extent to which the payload capacity allocated to the authority exceeding the needs of five television channels will increase if digital compression becomes more efficient in the future [24592/99]

Enda Kenny

Question:

302 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands the advice, if any, whether written or otherwise she has been provided with on the likely developments in digital signal compression technology within the next three years; if the advice indicates that advances in digital compression will be such that this technology will become more efficient; if so, if the defined payload capacity of each of the multiplexes to be licensed under section 7 of the Broadcasting Bill, 1999, will be increased; if not, the steps, if any, she has taken or will take to obtain this advice; if she will make the advice available to the Dáil; and if she will make a statement on the matter. [24593/99]

Enda Kenny

Question:

303 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if it is the intention of section 7(5) of the Broadcasting Bill, 1999, to procure and ensure the simultaneous transmission as DTT of analogue television services provided by the persons specified in column 1 of the table referred to in that section; if so, her views on whether these transmissions are procured by the terms of the Bill; if so, the section of the Bill under which these transmissions are procured and assured; and if she will make a statement on the matter. [24594/99]

Enda Kenny

Question:

316 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands when the decision to implement DTT was taken; if the decision has been reviewed on a continuing basis in view of continuing technological developments; when the latest review was conducted; and if she will make a statement on these matters to assist members of Dáil Éíreann in their consideration of the Broadcasting Bill, 1999. [24608/99]

Enda Kenny

Question:

317 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands the plans, if any, she has to introduce amendments which will allow the designated company defined in the Broadcasting Bill, 1999, to offer internet services; if not, if she will resolve the apparent contradiction between her remarks in Dáil Éireann, in which she observed that DTT has the potential to be an important delivery medium for those services especially in rural areas, and the Office of Director of Telecommunication Regulator consultation paper of 7 October 1999 (details supplied) which specifically rules telephony and telecommunications out of the licence to be granted to the designated company, and the further contradiction between her remarks and section 2(1) of the Broadcasting Bill, 1999, which specifically excludes internet services from the definition of broadcasting services and from the licence to be granted to the designated company; and if she will make a statement on the matter. [24609/99]

Enda Kenny

Question:

319 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands the grounds on which she elected to choose DTT in preference to digital satellite television as a digital delivery system; if she was influenced in this decision by the findings of a document (details supplied); if so, the arguments or paragraphs which influenced this decision; and if she will make a statement on the matter. [24611/99]

Enda Kenny

Question:

320 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether, if the reporting mechanism prescribed in section 24(10) of the Broadcasting Bill, 1999, is to have any meaning, she must stand prepared to reach determinations as to the merit within the terms of section 24(1) and (2) of the Bill, programmes upon which expenditure has been made from funds provided to the RTE Authority under section 8 of the Broadcasting (Amendment) Act, 1976; her views on whether the intention of section 24(10), to receive reports from the authority and accept them without scrutiny or assessment and lay them before the Houses of the Oireachtas without comment or endorsement, results in the reporting mechanism failing to provide any assurance to the public or other interested parties of the public service character of the broadcasting services provided; and if she will make a statement on these matters to assist members in their deliberations of the Bill at Committee and subsequent stages. [24613/99]

Enda Kenny

Question:

321 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether she, the Director of the RTE Authority or the designated company will be powerless to attach or otherwise reallocate the DTT carrying capacity allocated to the authority without legislative amendment for as long as the authority supplies programme material to the designated company sufficient to fully occupy the capacity allocated; her further views on whether, within the definition of programme material contained in section 2(1) of the Broadcasting Bill, 1999, the transmission of a still photographic image accompanied by a soundtrack would constitute an adequate supply to fully absorb capacity and thus to prevent a re-allocation of capacity under section 7(6); and if she will make a statement on the matter. [24614/99]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I propose to take Questions Nos. 297 to 303 inclusive, 316, 317, 319, 320 and 321 together.

As I have indicated on previous occasions, the Government decided in July 1998 that the best way of guaranteeing universal access to free-to-air digital services was the early introduction of digital terrestrial television – DTT. The Broadcasting Bill, 1999, which is currently before the House is designed, inter alia, to provide the statutory arrangements for the introduction of digital broadcasting services, in particular, digital terrestrial television. I am prepared to consider and deal with any relevant issues raised by the Deputy during the course of further debate on the Bill.

Enda Kenny

Question:

304 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has had or seen a list or tabulation of the rights and obligations which will become vested in the designated company by operation of section 6 of the Broadcasting Bill, 1999; if so, if she will disclose a list to the Dáil; and if she will make a statement on the matter. [24595/99]

Enda Kenny

Question:

306 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether that section 11(4) of the Broadcasting Bill, 1999, provides for the designated company to impose charges on certain persons in respect of arrangements entered into under subsection (1) of that section; her further views on whether the level of these charges will have a determining impact on the value which potential investors will attribute to the designated company and to shares in that company in view of the fact that these charges are the sole apparent source of income which the designated company will derive under the terms of the Bill; if she has been provided with estimates of the charges which will be levied on the RTE Authority, Teilifís na Gaelige or the television programme service contractor as defined for the purpose of the Bill; if so, the individual or body which provided these estimates; if these estimates allow for escalating tariffs in second and subsequent years of the arrangements made under section 11(1); if she will disclose these estimates; and if she will make a statement on the matter. [24597/99]

Enda Kenny

Question:

307 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether she indicated in her speech to Dáil Éireann in the context of the Broadcasting Bill, 1999, that the RTE Authority would transfer certain assets to the designated company and that these assets would be the consideration that RTE would provide to become a participant in that company with a minority stake of up to 40%; if she has been provided with a list of the assets and contracts which RTE anticipates transferring to the designated company; the plans, if any, she has that these asset transfers should be the sole consideration that RTE the Authority will offer in respect of its participation in the designated company; if so, if she has been provided with a valuation or estimate of these assets; and if she will make a statement on the matter. [24598/99]

Enda Kenny

Question:

308 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether section 5(5) of the Broadcasting Bill, 1999, anticipates that the RTE Authority may be a shareholder in the designated company; if her attention has been drawn to the fact that this participation is the subject of complaint by interested parties to the European competition authority known as DG4; if RTE has been in discussions or negotiations with potential investors to join them as partners in the designated company; if so, the parties in this regard; if these discussions or negotiations have been concluded; if so, the outcome; and if she will make a statement on the matter. [24599/99]

Enda Kenny

Question:

309 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether, under section 5(2) of the Broadcasting Bill, 1999, she will have the power to designate the designated company which will, in the oper ation of section 7(2), become the monopolistic provider of DTT services; her further views on whether this power is unfettered by any requirement to consult with any other party and does not provide for any open tendering process; the means by which the designated company will be selected; the means by which the participants in the designated company will be selected; the means by which applications will be made by companies to be designated or considered as investors; and if she will make a statement on the matter. [24600/99]

Enda Kenny

Question:

310 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether section 7(2) of the Broadcasting Bill, 1999, purports to allow the Director of Telecommunications Regulation to issue a single DTT licence to the designated company thus creating a monopoly provider of digital television services; her views on whether the creation of this monopoly may be contrary to EU competition laws or regulations; if so, if she has sought a derogation or dispensation; if so, the services in respect of which the derogation or dispensation has been sought; and if she will make a statement on the matter. [24602/99]

Enda Kenny

Question:

311 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has been supplied with any assessment or list of the assets and contracts which RTE anticipates transferring to the designated company under section 5(3) of the Broadcasting Bill, 1999; if so, if this assessment or list anticipates the transfer of real property or employee contracts from RTE to the designated company; if so, the real property and location; the number of employees involved; and if she will make a statement on the matter. [24603/99]

Enda Kenny

Question:

312 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands her views on whether the designated company referred to in the Broadcasting Bill, 1999, would be more valuable and attract a greater share price or consideration for shares sold if it were licensed to provide digital telephone, interactive television and other data services at the time of any sale or issue of shares; and if she will make a statement on the matter. [24604/99]

Enda Kenny

Question:

314 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has been supplied with detailed capital and revenue budgets for the proposed DTT transmission network; and, if so, if she will make them available to members of Dáil Éireann to assist them in their deliberations on the Broadcasting Bill, 1999, at Committee and subsequent stages. [24606/99]

Enda Kenny

Question:

315 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has been supplied with a detailed construction and commissioning schedule for the proposed DTT transmission network; if so, if she will make them available to members of Dáil Éireann to assist them in their deliberations on the Broadcasting Bill, 1999, on Committee and subsequent Stages. [24607/99]

Enda Kenny

Question:

318 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands when the working party on the introduction of DTT will report; when she will publish its report; the interim reports, if any, she has from the working party; if so, if she will publish those reports; if she has ascertained whether the working party has examined the commercial potentials of the designated company referred to in the Broadcasting Bill, 1999, as a digital telephone or telecommunications platform in consultations with the working party; and if she will make a statement on the matter. [24610/99]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I propose to take Questions Nos. 304, 306 to 312 inclusive, 314, 315 and 318 together.

These questions relate to the process of selection of an investor in the new transmission entity which will be charged with building and operating the DTT infrastructure. I refer the Deputy to my response to Question No. 63 of 9 March 1999 and to my responses to Deputy Deenihan in Question No. 14 of 7 October 1999 and No. 276 of 12 October 1999.

Consultants have been engaged to advise on all aspects of the transaction process including legal, regulatory and financial and to manage the process to a conclusion under the direction of the project management group established by Government to oversee the introduction of DTT. This process is not yet complete.

Enda Kenny

Question:

305 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has seen or been provided with a definition or calibration of a multiplex 9 in view of the fact that this term is used in section 7 of the Broadcasting Bill, 1999, as contemplated and expressed in the Bill as a finite and definite number of megabits per second; if so, if she will disclose the terms of that definition or calibration; and if she will make a statement on the matter. [24596/99]

Enda Kenny

Question:

313 Mr. Kenny asked the Minister for Arts, Heritage, Gaeltacht and the Islands if she has been supplied with coverage maps and other technical specifications for the proposed DTT transmission network; and, if so, if she will make these available to members of Dáil Éireann to assist them in their deliberations on the Broadcasting Bill, 1999, on Committee and subsequent Stages. [24605/99]

Minister for Arts, Heritage, Gaeltacht and the Islands (Miss de Valera)

I propose to take Questions Nos. 305 and 313 together.

It appears that these questions relate to the technical characteristics of the DTT infrastructure. On this basis, the questions relate to matters which will be dealt with by the Director of Telecommunications Regulation through the licensing regime governing the operation of the DTT infrastructure, which she will introduce and operate.