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Dáil Éireann debate -
Tuesday, 26 Jun 2012

Vol. 770 No. 1

Priority Questions

Broadcasting Services

Niall Collins

Question:

106Deputy Niall Collins asked the Minister for Communications; Energy and Natural Resources the number of households yet to switch over to digital television; the proportion of relevant households yet to switch; his views on whether this number will fall significantly; if he has any contingency plan in place if significant numbers do not switch; and if he will make a statement on the matter. [30795/12]

It is estimated that about 250,000 households are solely reliant on the Irish analogue television network. A similar number use the network for secondary televisions. These households must change to digital by 24 October or be left without access to television. Households who only use pay television platforms, which is about 81% of households, will not be affected by analogue switch off.

In preparation for digital switch over, RTÉ was required to build and make available a new free to air digital network to 98% of the population. Its Saorview digital television service has been available nationally since May 2011. It currently provides access to free to air television to almost 98% of the population and will fulfil the full extent of its coverage obligations by 24 October 2012. For the remaining 2% of the population, RTÉ launched Saorsat in March 2012. Saorsat is a free to air satellite system providing access to RTE channels and TG4. Since March 2012, therefore, everyone in Ireland can make the switch to digital.

Equipment for both Saorview and Saorsat is readily available throughout the country. I have been informed by Saorview that over 400 retailers nationwide stock Saorview approved equipment. Saorview television equipment costs from €50 while the Saorsat set top box costs around €180. More and cheaper Saorsat equipment is anticipated. To date, over 150,000 Saorview television sets and 50,000 Saorview set top boxes have been purchased.

My Department's national digital switch over public information campaign rolled out in September 2011 and provides information on what is happening, the time lines and the different choices available to upgrade to digital. This comprehensive campaign includes advertising on television, local and national radio; an analogue marker to act as a constant reminder to everyone using the analogue service to switch to digital; a dedicated website; research; a national telephone helpline; and an information booklet delivered to every household in the country by the final week in July.

Additional information not given on the floor of the House

I have also introduced an outreach programme to ensure vulnerable people receive one-to-one help in making the switch to digital. Over the same period, Saorview has been operating its own information campaign. Both campaigns will ensure that there is full awareness of digital switch over well in advance of 24 October.

Initial feedback from the outreach programme is positive; people know what is happening but they are inclined to leave switching over until very close to the switch off. This mirrors what has happened in other European countries which have successfully achieved analogue switch off. On this, Saorview is advising households to upgrade quickly because the cheaper Saorview equipment might be sold out.

I would urge any voluntary organisations to contact their local champion and become involved in the national digital switch over effort. As I made clear last Thursday at the special digital switch over briefing session to which all Oireachtas Members were invited, the date of analogue switch off will not be changed. On Wednesday, 24 October this year, 120 days from now, the analogue system will cease to operate. I am confident that, by the switch off date, as a result of the national information and the Saorview campaigns and the outreach programme that is now in place, everyone will be fully aware that the analogue network is closing down on 24 October 2012 and of their switch over options.

I thank the Minister for his response. On the information campaign, this morning I received in my Oireachtas pigeonhole a copy of the information booklet that is being circulated. What are the modalities of the distribution and will it be distributed by An Post? I am concerned that we get clarification and that we do not have a similar situation to that which pertained when we had the household charge information campaign. In other words, if we go through An Post, which is the premier door to door distributor of such material, can we be guaranteed that every house will get the booklet? There appears to be an information deficit with regard to the changeover. I acknowledge it is difficult to try to communicate a deadline in the future, as it is not an issue that is uppermost in people's minds. I am anxious that the booklet is distributed through An Post, because that provides a guarantee, in so far as An Post can guarantee, that it will be delivered to every household.

Another aspect of the information campaign is newspaper advertising. Will the information campaign use local and regional newspapers rather than national newspapers, because many people do not read the national papers as assiduously as the local and regional papers?

We have taken every reasonable step to ensure there should not be an information deficit. The advertisements are rolling all the time and there is a bug that occasionally makes an appearance on people's television screens warning them that they better make the move before 24 October. The booklet to which the Deputy referred, is being delivered to people's households currently by An Post and I am confident, given An Post's performance in similar campaigns or general elections, the booklet will get to every household in the country. It is an accessible guide to what people must do in order to make the switch. Deputy Collins is right in that there is a danger some people will wait until the last minute. In such circumstances they run the risk of a blank screen because in the digital world it is not that they will get a faded, difficult picture; they will get no picture. Deputy Collins asked me whether I have any contingency plan if significant numbers do not switch. I am glad he did not follow up the question but to emigrate is the only contingency plan. In the meantime we need to bring home to people that they should make the switch or there will be no television.

What is the position with local and regional newspaper advertising?

I cannot answer whether there will be local newspaper advertising but we have taken great pains to communicate with, relate to and do interviews for local radio to sell the idea. They have been doing this already. In addition, the outreach programme in place is built entirely on community groups organised by The Wheel, whether the GAA, Muinitr na Tíre, the IFA or whoever. They have the information on a parish level. Each country has nominated a digital champion who has been given a measure of training on what is needed. These people, in turn, have their finger on the pulse and will know of someone living in a remote area, someone who is not technically competent or who believes that he is not technically competent to make the switch, or who might not have members of family who can do it for them. These champions are feeding back to us all the time and this is one good aspect of the roll-out programme.

Radio Spectrum

Martin Ferris

Question:

107Deputy Martin Ferris asked the Minister for Communications; Energy and Natural Resources his views on whether there should be a universal service obligation imposed on mobile phone service providers. [30797/12]

The management of the radio spectrum is a statutory function of the Commission for Communications Regulation, ComReg, under the Communications Regulation Act 2002, as amended. In accordance with this function and with its obligations under national and EU law, ComReg is obliged to ensure the efficient management and use of the radio frequency spectrum. ComReg is independent in the exercise of the spectrum management function. In line with its statutory functions, ComReg has consulted extensively on its proposals for the release of spectrum rights of use in the 800 MHz, 900 MHz and 1800 MHz frequency bands, which are used to provide licensed mobile telephone services. I am advised that ComReg received considerable interest in this consultation process, which has resulted in a decision document for the award of several individual rights of use in the above radio spectrum bands. This document, known as ComReg document 12/25 and decision 04/12, was published on 16 March 2012 and is available on ComReg's website.

ComReg's information memorandum for this award process details the processes and procedures that the regulator is employing to implement its substantive decisions. This document is also available on ComReg's website. It is known as ComReg document 12/52 and was published on 25 May 2012. The reasons, analysis and other material relied upon by ComReg in support of its decisions on the minimum coverage and roll-out requirements are set out in section 5.5 of document 12/25.

Among other things, ComReg considered that actual coverage levels are expected to exceed the 70% population obligation by a considerable margin given the competitive nature of the market and the limited risk of roll-back of coverage from the existing levels.

Additional information not given on the floor of the House.

The importance of maintaining the existing levels of mobile telephony and mobile broadband coverage has been raised with ComReg by my officials. While the outcome of the forthcoming multi-band spectrum release process can not be anticipated, I understand ComReg is not expecting any reduction in coverage as a result of this process.

The four existing mobile operators have achieved coverage levels exceeding those set out in their current respective licences. For example, for third generation or 3G services, Vodafone's coverage covers 90% of the population, 5% more than its obligation. Hutchison 3G, better known as "3", covers 96% of the population, 11% more than its obligation. O2 also covers 90.5% of the population, which is more than its obligation. Furthermore, as a consequence of the Government's national broadband scheme and rural broadband scheme, all parts of Ireland will have access to a basic broadband service by 2013. ComReg's coverage proposals are designed to facilitate the possible entry of new operators in a manner that would ensure cherry-picking of high density urban areas would not occur. With regard to the question of whether a universal service obligation should be imposed on mobile phone service providers, I advise the Deputy that the setting of such obligations are subject to the EU universal service directive. The directive requires the setting of a universal service obligation to provide a network connection at a fixed location and does not provide for such an obligation in respect of mobile coverage.

I thank the Minister for his reply. As he is aware, there is no designated universal service obligation provider for the mobile telephone sector at present. However, Eircom is the designated provider for landlines. I understand ComReg is currently deciding whether to renew it. I raise the issue because I fear that if ComReg does not impose a universal social obligation on mobile telephone operators, successful bidders for the new licences will concentrate on large urban areas, to the detriment of the rural areas in which 30% of the population live. ComReg has indicated that competition among companies for customers in rural areas will ensure coverage but I am not so sure that will be the case. Supply, demand and profit will be determining factors. Does the Minister agree that a universal social obligation should apply, as is the case for landlines and postal services?

Deputy Ferris is correct that mobile services are not subject to the same universal social obligations as fixed lines. I started out from a similar position to that of the Deputy. My officials have discussed this issue with ComReg on several occasions and I have met its representatives on more than one occasion. ComReg is adamant that difficulties will not arise for a number of reasons. First, the infrastructure is in place and the masts have already been erected. There will be no roll-back on that. Second, the obligations on Vodafone, 3 and O2 in respect of 3G services were greatly exceeded. Third, mobile telephone companies are already competing to provide services and there is no question of a diminution of that competition. The 70% idea arose principally because it was considered desirable that such a large figure be a requisite to prevent cherry picking by a new entrant to the market. A new company would not be able to pick populous urban centres while avoiding regional, provincial or rural areas.

I have a supplementary question on a slightly different matter. I have been in touch with the Minister's office and ComReg regarding Meteor's refusal to release an individual from a mobile telephone contract even though it has been proven that it cannot provide her with a service. ComReg has indicated that it powerless to do anything about the matter. Can anything be done for people who enter into contracts and discover at a later stage that the service is unavailable in their home despite a commitment from the service provider?

If the service provider agreed contractually to provide the service, it seems to me it is obliged to provide it. I would need to see the details of the contract but I would be happy to raise the matter with the authority that has statutory responsibility for consumer protection in this area if the Deputy outlines the details.

Consumer Protection

Tom Fleming

Question:

108Deputy Tom Fleming asked the Minister for Communications; Energy and Natural Resources the safeguards that are in existence to protect confidentiality of telephone calls emanating from banking and other financial institutions, insurance companies, telecom companies and a growing number of other organisations here (details supplied); if his attention has been drawn to the use of these techniques; and if he will introduce legislation to enable the recipients of these calls to be provided with a transcript of the tape recording within seven days of the recorded conversation. [30996/12]

Calls of the nature referred to by Deputy Tom Fleming are regulated in accordance with the European Communities (Electronic Communications Networks and Services) (Privacy and Electronic Communications) Regulations 2011, known as the e-privacy regulations. Responsibility for enforcement of these regulations falls to the Office of the Data Protection Commissioner.

Regulation 13 of the e-privacy regulations seeks to protect individuals from receiving unsolicited communications for the purpose of direct marketing. The regulation covers the making of unsolicited telephone calls and the sending of unsolicited fax messages, e-mail and SMS text messages for direct marketing purposes and gives individuals the right to prevent organisations from using electronic means to contact them in order to sell a product or service. Since the introduction of the e-privacy regulations in July 2011, it is an offence for a marketer to make an unsolicited marketing telephone call to a mobile telephone without the prior consent of the telephone subscriber. With regard to landlines, the national directory database opt-out register has been in operation for several years. The register allows consumers to have their numbers registered to prohibit marketers from cold calling them. Over 1.16 million landlines are on the register.

It is an offence for a marketer to make a marketing call to such registered numbers. Where subscribers choose not to place their number on the register, they may still protect themselves from continuous marketing calls by requesting the marketer not to call them again. A marketer who fails to respect such a request commits an offence. I am satisfied there are sufficient safeguards in place to ensure consumers can be protected against such cold calling if they so wish and I have no plans to amend the legislation in this regard at the current time.

I am glad to hear there is some provision out there. The vast majority of the public are unaware of these measures and that regulations protect those with mobiles and landlines. There is a growing trend of people being inundated by telephone calls from finance, telephone and insurance companies. People receive calls on a cold call basis and they are caught on the hop. Various offers and incentives to take up attractive offers-----

I ask Deputy Fleming to frame a question.

Will the Minister take up this point and contact the Data Protection Commissioner? We need stronger measures and more assistance for the public. People should be facilitated to ensure they are not plagued with unwanted telephone calls. The calls have a contractual basis and people are led into having a talk to take up a particular offer. It appears to be a semi-contract and some weeks later people receive further telephone calls. Unfortunately, people do not recollect the original telephone call. Will the Minister provide further protection? People take a telephone call and may be unaware-----

Thank you Deputy. I call on the Minister to reply.

They are given brief notice that the telephone call is being recorded. I call for further protection for the public and those receiving calls.

I accept that the practices described by Deputy Fleming take place. It may be that the e-privacy regulations, which I transposed into Irish law last summer, need further promulgation and need to be brought to the attention of consumers in the manner described by Deputy Fleming. Where calls are recorded and retained by the marketing company, the subscriber has the right of access to a copy of the recording under section 4 of the Data Protection Act.

With regard to the confidentiality of marketing telephone calls and the recording thereof, the provisions of the Data Protection Acts concerning the processing of personal data are applicable. As I said in my response, some 1.16 million landline telephones are on the register and their owners will not be pestered in the manner the Deputy described. He is correct that there is no such register in the case of mobile telephony, but other protections are in place. These include not only the Data Protection Acts, but European Union privacy regulations. Deputy Fleming may well be correct that it is more a matter of promoting, promulgating and publicising their existence.

The Minister should instigate a publicity campaign to educate the public regarding these regulations and their entitlements. Raising awareness is the main issue.

I do not dispute the Deputy's argument that there are many people who are not aware of their rights in this regard and that we should seek to address this. If I can help to publicise the protections that are in place, I will endeavour to do so.

Hydraulic Fracturing

Niall Collins

Question:

109Deputy Niall Collins asked the Minister for Communications; Energy and Natural Resources his views on the Environmental Protection Agency report on fracking; the terms of reference of a further report on this matter; and if he will make a statement on the matter. [30796/12]

On 11 May 2012, the Environmental Protection Agency, EPA, published its preliminary research into the environmental aspects of shale gas extraction in the form of a small desk-based study carried out by the University of Aberdeen. Among the main findings of this review was the observation that the integrity of the well is vital for minimising potential impact in regard to fracking in terms of ground water contamination from leaks and well blow-outs, in which instances fracking fluid could potentially enter groundwater. The knowledge of local geology was identified as an important issue, as was the question of the carbon footprint arguments in regard to natural gas. In terms of environmental impacts, the report outlined potential impacts due to the large volumes of water used and related issues in regard to storage and disposal.

Arising from that report, it is the intention of my Department, in conjunction with the EPA, to undertake a second, more broadly-based study in order to identify best practice in respect of environmental protection for the use of hydraulic fracturing techniques. It is anticipated that this research will commence later in the year, following the engagement of the relevant experts. The conduct of the study is expected to take up to 12 months, which would give a potential publication date in late 2013.

The Fianna Fáil Party's position is that the issuing of any further licences, whether exploratory or preliminary, should be put on hold in the absence of a broader national policy. We must move with haste to address these issues. The Minister of State outlined the findings of the desk study that is in the public domain. In regard to the second report he has commissioned, will he indicate or undertake to publish its terms of reference? I was going to probe him on the time line, but he has indicated it will be 12 months. When will the research commence and when will it finish? What form will the public consultation take? This is a highly contentious issue in communities throughout the State, as the Minister of State knows. The greater the level of public engagement on the issue, the better.

I agree that we must have full engagement with the public, particularly with regard to the terms of reference of this study. A steering committee will comprise, among others, representatives of the Department of the Communications, Energy and Natural Resources, the Department of the Environment, Community and Local Government, the Commission for Energy Regulation and the Environmental Protection Agency. The call for research will go out later this year. We intend to publish the terms of reference and to have public consultations on them before we proceed with the actual study. The terms of reference are critical because the outcome of further research will assist in a robust, scientific-based assessment of any future application proposing the use of this technology. Until there has been time to consider the second stage of the EPA's research, I can confirm that the use of hydraulic fracturing in exploration drilling will not be authorised.

If the Minister of State is in a position to do so, can he clarify who the chairperson will be? He mentioned a number of organisations but will he be appointing an independent chairperson to co-ordinate the public consultation and the exercise in preparing the report?

I presume that the Department itself will be involved in the research along with the EPA. The key thing is that we get robust scientific facts, not fiction. Whatever the facts are we must find them in their finest, broadest, most scientific and analytical detail. The terms of reference will be on the websites of the Department and the EPA freely, openly and transparently so people can make representations. It will proceed by the end of this year and nothing can happen until then. There will not, and cannot, be any hydraulic fracturing.

The Minister of State said that no other exploratory licences would be issued. Is that correct?

Yes. The only ones that have been issued were issued by the former Minister of State, Mr. Conor Lenihan. He is the only person who issued a licensing option. Nothing else will happen until this research is launched. The Deputy does have a point, however, in that under the licensing option issued by the previous Government, the company will have an opportunity before end-March 2013 to indicate if it will proceed to the next phase, which is an exploration phase. It is up to the company to do that and we cannot anticipate what will happen. Even if it does that, however, nothing will happen until this report is in place.

Renewable Energy

110.Deputy Martin Ferris asked the Minister for Communications, Energy and Natural Resources the position regarding the future of wind farming; and if he will make a statement on the matter. [30935/12]

Last month, I launched a new Strategy for Renewable Energy 2012–20. Under this strategy the development of wind farms in Ireland will play a critical role in delivering on our renewable energy ambitions, both in terms of meeting our own national 2020 targets and in contributing to the development of a renewable electricity export market with the UK in the first instance.

There has been considerable growth in the deployment of wind farms in Ireland from around 300 MW of capacity in 2005, to over 1,600 MW of capacity operational in the market today. The latest forecasts from the Sustainable Energy Authority of Ireland as to the amount of renewable generation required to meet our 40% renewable electricity target is around 4,000 MW of operational capacity, subject to achieving our energy efficiency goals.

Currently, approximately 1,900 MW of renewable generation is connected to the grid, including over 1,600 MW of wind generation. A further 1,500 MW of renewable generation, almost all of which is new wind-generating capacity, has contracted with either EirGrid or ESB Networks.

The Commission for Energy Regulation, CER, operates a processing approach for wind projects looking to connect to the electricity grid. This allows for a strategic view to be taken of network requirements and serves to put in place efficient connection solutions to cater for a large number of applications and to ensure optimum network development, minimising network costs and, where possible, avoidance of network bottlenecks. The EirGrid GRID25 strategy was devised to put in place the necessary infrastructure needed to underpin this market growth.

To date there have been three gates and in the latest Gate 3 phase some 3,900 MW of offers have issued to renewable generators. The take-up of Gate 3 offers cannot be quantified as yet. Somewhere around 500 MW of Gate 3 have accepted their offers to date and have already contracted with EirGrid or ESB Networks. It is expected that between what is already built in Gate 1 and Gate 2, and what has already contracted to build along with the remainder of Gate 3, is largely sufficient for the achievement of our 40% target, even if some Gate 3 developers ultimately decide not to accept their offer.

Additional information not given on the floor of the House.

In December last, the EU published an Energy 2050 roadmap which sets out a number of different scenarios for developing a decarbonised energy sector over the coming decades. It is clear under all of these scenarios that there will be a significant increase required in renewable energy deployment in Europe, well over and above the 2020 target levels. Following on from the Energy 2050 roadmap, earlier this month the CER published a "Renewable Energy Communication", which again outlines their ambition to progress beyond the 2020 levels of renewable energy development.

Ireland has a relatively small electricity demand by international standards with a peak demand of around 7,000 MW on the entire island. It has renewable energy resources that are considerably above that level, consisting of onshore and offshore wind resources in the short term and wave and tidal resources in the medium to longer term, as those technologies develop and become commercially deployable.

As the European Union moves towards more integrated European-wide electricity and gas markets, it gives us a real opportunity to develop new markets for our renewable resources. Last week, I met with my counterpart in the UK, Minister Charles Hendry, to progress the development of renewable electricity trading between our two countries. We put in place a formal process that will develop the necessary market, regulatory and technical issues and which aims to have a finalised memorandum of understanding in place by the end of the year. This will create the access conditions that will allow our developers to access a significantly bigger electricity market.

To summarise, while there are certainly challenges in developing new wind farms, there is a lot of work being done to overcome these. As Europe moves towards decarbonising its energy systems over the coming years, newer and bigger market opportunities will open up for developers.

I thank the Minister for his reply. I welcome that the Government has set ambitious targets for electricity generation from wind sources. We are in a privileged position in terms of the huge potential for wind, wave and tidal energy off our west coast.

As the Minister will be aware, Scotland is one the leaders in terms of wind energy. It has set itself the target of not alone achieving total electricity generation from wind before the end of this decade but of becoming a net exporter of electricity generated from wind. Does the Minister believe the targets set by Scotland, which apparently will be achieved, are achievable here and, if so, what would we need to do to promote this?

The Minister will also be aware of the difficulties in terms of planning that have arisen in regard to the location of wind turbines to homes. Sinn Féin was happy to support the Wind Turbines Bill 2012 introduced in the Seanad by Senator Kelly. It is hoped that Bill will soon come before this House and will be passed here. Would it be better to have bigger but fewer wind farms? There are only seven wind farms in Scotland, all of which are located further than 2 km from any home. Would it be better for us to go the route of having bigger but fewer wind farms, all located an acceptable distance from homes?

Deputy Ferris is correct that Scotland is a European, if not a world, leader in this area. Scotland, like Ireland, has propitious wind resources. Its energy policy in terms of oil and gas is retained at Westminster. The Scottish Government invests a great deal in the promotion of renewables, in particular wind. I would be hesitant to stick my neck out and say that the targets set by Scotland can be realised here for a whole variety of reasons, some of them technical. The Deputy will be aware that currently where the wind is best the grid is weakest. We need to address this and in that regard have announced the investment projects linking Cork to Kildare and the west grid from north Mayo to the midlands, which is important to that area.

We have been and are making good progress in this area. We are confident, based on expert advice, that we can meet our targets from onshore wind. As regards big versus small and so on, while there is a great deal of sense in what Deputy Ferris advocates organisations such as Meitheal na Gaoithe and other small developers who got involved in this area at an early stage would be aggrieved if the decision was made to exclude them. However, I agree with the Deputy that we cannot have wind farms at every crossroads in Ireland and that some projects of scale onshore is the desirable way to go. It may well be that the State companies, including Bord na Móna and Coillte, have a considerable role to play in facilitating that objective.

On the Deputy's point in regard to turbines, just as we do not want wind farms at every crossroads in Ireland, we do not want turbines unreasonably intruding on people's domestic residences. The response in the Seanad by my colleague, the Minister of State, Deputy Jan O'Sullivan, to the Second Stage debate on the Wind Turbines Bill 2012 was that while the study is not yet complete she would favour the introduction of guidelines rather than primary legislation to deal with that issue.

My point on larger wind farms is primarily from an infrastructural point of view, as I believe it makes sense because it would be far more economical. It would also be easier with regard to the planning process and having them an acceptable distance from local communities and houses. I would be very supportive of us moving to meet our targets from wind energy and other natural types of energy. We should also focus on what Scotland has managed to do. It has seven wind farms located 2 km from the nearest dwelling. It has a target of being energy sufficient through natural energy and being a net energy exporter by the end of the decade, which would be a huge achievement. I believe it would be achievable here also.

I was in Scotland on Friday on this business. I met the Cabinet Secretary for Finance, Employment and Sustainable Growth in the absence of the Minister for Energy, Enterprise and Tourism to discuss some of these issues in a side conference during the British-Irish Council meeting. Earlier last week I was in London to meet the Minister of State with responsibility for energy, Mr. Charles Hendry, to agree the goal that by the end of this year we will have concluded a memorandum of understanding between the two countries that will facilitate the export of energy from this island to the neighbouring island in what ought to be a win-win situation. The British Government needs access to renewable energy to help meet its targets, and perhaps for more substantial reasons. Meanwhile we have the capacity to perhaps generate as much energy again as the country uses. The total requirement of the island is approximately 7,000 MW and we have the capacity to generate as much again if we had a market for it. We must have a market for it otherwise there is no point. If our market cannot absorb it there is no point in generating excess electricity. We had a very good meeting in London at which we agreed that by July the officials will have highlighted the difficult issues that remain to be dealt with. The two Ministers will meet again in October if necessary and some form of intergovernmental framework or memorandum of understanding will be concluded by the end of the year. There could be many jobs in this if we can develop projects of scale here and the renewable capacity exported.

To answer Deputy Ferris's question on large and small wind farms, the State companies, including Bord na Mona, Coillte and the ESB, have been very innovative which ought to be acknowledged. Deputy Ferris is correct and there are thousands and not hundreds of acres of cutaway bog and the facility to have developments of scale on Coillte land and this is very important. However, I would not like to say to small would-be developers in the system that we will try to squeeze them out.

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