Free-to-air services in Ireland are provided by RTE and by independent broadcasters which have entered into contractual arrangements with the Broadcasting Commission of Ireland, BCI. The spectrum used by RTE is licensed to the authority in accordance with the Broadcasting Act 1960, while that used by the independent sector is licensed to the BCI in accordance with the Radio and Television Act 1988.
Under the new EU electronic communications regulatory framework, which was transposed into Irish law on 21 July 2003, ComReg may impose charges on all providers of electronic communications services and networks to meet expenses properly incurred by the commission in the discharge of its functions with regard to electronic communications. I have no function in this matter.
The Communications Regulation Act 2003 provides that the commission is independent in the exercise of its functions. The new framework also entitles ComReg to impose licence fees for users of spectrum or rights of use charges. However, any such charges, in requiring an amendment of regulations made under the Wireless Telegraphy Act 1926, would be subject to ministerial consent.
In February this year I issued a set of policy directions to ComReg one of which related to the cost of managing the frequency spectrum. The direction instructed that the costs incurred by it in effectively carrying out its functions with regard to the electronic communications market and the management of the radio frequency spectrum are minimised, consistent with best practice in other member states of the European Community and, subject to any different conditions which may exist, should not be out of line with the cost of regulation in such member states. I have no proposals to introduce further legislation requiring the imposition of spectrum charges on terrestrial free-to-air broadcasters.
