Recent Background

RTE

The Broadcasting Act, 1960 established the Broadcasting Authority as an independent body in control of RTE, the sole broadcaster.  The functions of the authority were:

• To establish and maintain national television and sound broadcasting services;
• To establish and maintain services of a local community or regional character;
• To provide broadcasting services of interest to only certain members of the community and which may be made available on subscription or pay per view
• To transmit by electric means other than broadcasting services;
• To originate pure programming, collect news, arrange information and arrange with broadcasting authorities the distribution and relay of programmes;
• To organise, provide and subsidise concerts and entertainments;
• To prepare, publish and distribute magazines, books, records and visual materials.

The Broadcasting Act provides that the authority must ensure that all news broadcasted by it is objective and impartial without an expression of the authority’s own views.  The broadcast treatment of current affairs including matters of public controversy or current debate must be fair to all interests concerned and presented in an objective and impartial manner.  Any matter which way to news or current affair which are either subject to public controversy or current debate must be presented in an objective and impartial manner.

The Broadcasting Act prescribe duties of  the Broadcasting Authority

• to be responsive to the interests and concerns of the whole community and to ensure that programming reflects the culture of Ireland particularly by reference to the distinctive features of the culture and the Irish language,
• to uphold the democratic values defined in the Constitution, particularly in relation to liberty of expression,
• to have regard for the need for formation of public awareness and understanding of values and traditions of other countries, in particular, the EU.

The authority may not accept advertisements directed towards religious or political ends in relation to an industrial dispute.

Additional Services Provision

In 1971 a new Broadcasting Review Committee was established.  It issued  an interim report in 1973 recommending a second RTÉ controlled channel.  This Committee was set up to deal with the limited access to alternative channels facilities outside of the East and North.  The Minister for Post and Telegraph gave permission for the Authority to proceed with a second channel to commence in 1978.

In 1974 the limit on the number of households that could connect to a high spec TV aerial which was increasing from 10 to 500 in 1970, was abolished.  Aerial contractors would pay a percentage of their income to RTE to compensate for the loss of revenue by reason of increased availability of BBC and ITV.

Over the following 20 years, RTE acquired cable systems. RTÉ Relays, a subsidiary of Raidió Teilifís Éireann  carried four channels – RTÉ Television, BBC1, BBC2, and Ulster Television. In 1984 it merged with Dublin Cable Systems; Dublin Cable systems was a merger of Marlin Cable with Phoenix Relays. I

In 1986, Irish cable companies were permitted to carry  satellite services. RTÉ merged f its cable operations (including Galway Cablevision and Waterford Cablevision) to form Cablelink Limited

 Cablelink, was Ireland’s largest cable company and offerd a fifteen channel service (and premium channels) gradually. In 1990, Telecom Éireann acquired 60% of the company from RTÉ.

Competition in Radio

A challenge to the RTE monopoly emerged through private pirate radio station during the 1960s.  That early pirate radio station was short-lived.

Popular music pirate stations re-emerged in the mid to late 1970s and continued until the late 1980s.  Initially in the late 1970s a number of medium wave power stations emerged in Dublin and elsewhere in the country. The early 1980s a number of FM stations were established.

Under 1926 legislation, it is difficult to succeed in prosecution stop was difficult to succeed in prosecution.  The stations gained considerable popular support.

In 1978 RTÉ launched Radio 2 as a pop music station to enter some of the market occupied by the popular music stations.

The 1980s saw the emergence of “The Super Pirates” on VHF/FM band.  By the mid-1980s paralysis in politics on independent radio prevailed and they were over 70 Pirates Radio Stations.  Moves by the authorities to supress pirate radio stations led to public protest.

An interim Radio Commission was appointed in 1985. The Commission met regularly through 1987 but did not produce a final report.  It commissioned a number of consultants which while cautious  indicated the commercial radio was viable.

Fianna Fáil, had promised to support commercial radio from the early 1980s. The Broadcasting and Wireless Telegraphy Act 1988  increased sanctions against illegal pirate stations.

The Independent Radio and Television Commission IRTC was established with power to issue licenses, 20% news and current affairs was required. The existing pirate stations applied for the new licences. Broadly, the IRTC awarded two licenses for Dublin and 24 for provincial areas.  First legal station was Dublin Capital Radio later FM104.

The Franchise was granted for a national station Century Radio. Century Radio was the first national station.  Century Radio closed down in 1991 in the face of mounting losses and a relatively small audience share.  Century was to have access to RTE’s transmission network although the terms of access were mired in dispute through much of a short existence.

Most of the original 25 licensed stations survived, although most continued to struggle financially.  The advertising cap was removed by the Broadcasting Act 1993.

End of State Monopoly

In the early years of the State, the principal focus of the legislation was on radio and later TV licences.  The only permitted radio and later television broadcasters were by the State’s own monopoly Radio Eireann later Radio Teilifis Eireann (“RTE”).

Until the Radio and Television Act, 1988 RTE retained its effective monopoly on radio and television broadcasts from Ireland.  In the vacuum, a large number of pirate radio stations evolved in the 1970s and 80s.  The Radio and Television Act 1988 introduced the first comprehensive system of licensing of independent radio and TV broadcasters.

The Wireless Telegraphy Act, 1988 provide stronger enforcement powers against unlicensed broadcasts, leading to the effective closure of the existing unlicensed “pirate” providers.

Competition in Broadcasting; the BCI

Until the Radio and Television Act, 1988 RTE had an effective monopoly on radio and television broadcasts from Ireland.  In the vacuum, a large number of pirate radio stations evolved in the 1970s and 80s. The Wireless Telegraphy Act, 1988 provide stronger enforcement powers against unlicensed broadcast.

The Radio and Television Act 1988 introduced the first comprehensive system of licensing of independent radio and TV broadcasters. It established the Independent Radio and Television Commission.

The Commission was empowered to enter a contract for the provision of sound broadcasting services and television programmes.  It awarded licences.  The purpose was to ensure a viable, sustainable industry characterised by a variety of ownership which would deliver a diversity of content to viewers and listeners.

The Radio and Television Act placed similar conditions on sound broadcasters licence as imposed on the RTE authority by the broadcasting legislation.  Broadcasting programmes in a broadcasting service may include advertisements.

The broadcasting legislation established TV4 as a statutory body with the function of providing national free to air television service which shall have the character of a public service and be made available insofar as reasonably practicable to the whole community on the island of Ireland.

Radio and Televisions Commission

The Radio and Television Act, 1988 established the Independent Radio and Television Commission.  The Commission was empowered to enter contracts for the provision of sound broadcasting services and television programmes.

It awarded licences.  The purpose was to ensure a viable, sustainable industry characterised by a variety of ownership which would deliver a diversity of content to viewers and listeners.

The Radio and Television Act placed similar conditions on sound broadcasters licence as imposed on the RTE authority by the broadcasting legislation.  Broadcasting programmes in a broadcasting service may include advertisements.

The Radio and Television Commission was also authorised to enter into television programme service contract.  The initial award was made to TV3 consortium the only applicant.  The award was made and withdrawn in the context of financial difficulties.  The High Court quashed a determination to withdraw the award to TV3 due to failure to follow due process.  TV3 secured the first independent television station licence and commenced broadcasting in 1998.

The legislation established TV4 as a statutory body with the function of providing national free to air television service, primarily through the medium of Irish. It was established on a public service basis and is to be made available insofar as reasonably practicable to the whole community on the island of Ireland.

Award of Television Broadcast Licence

The Radio and Television Commission was also authorised to enter into a television programme service contract.  The initial award was made to the TV3 consortium the only applicant.  The award was made and withdrawn in the context of financial difficulties.  The High Court quashed a determination to withdraw the award to TV3 due to failure to follow due process.  TV3 secured the first independent television station licence and commenced broadcasting in 1998.

The procedure in relation to the award of sound broadcasting involves invitations for expressions of interest.  The invitation must be published.

The legislation sets out the matters to be taken into account by the BCI in determining the most suitable award.  This includes in particular:

• the character of applicant;
• the quality type range of programmes proposed particularly those related to Irish language and culture;
• the extent to which the applicant will create new opportunities for Irish talent in music, drama and entertainment;
• the desirability of allowing persons to have control or groups of persons to have control or a substantial interest in an undue number of broadcasting services in respect of which a broadcasting contract has been awarded.

Digital Services

The Broadcasting Act, 2001 set the framework for digital terrestrial television services.  The Broadcasting Commission of Ireland (“BCI”) became responsible for broadcasting services in the existing licensed independent TV and radio sectors.

Broadcasting services covers services transrouted by wireless, telegraphy, cable, microwave distribution systems or satellite. A transmission company was established to assume the former transmission function performed by the (RTE) broadcasting authority.

The BCI was empowered to enter digital content contracts for the supply of programme material or broadcasts for transmission. The legislation provides for the formation of multiplex companies to operate digital multiplexes.  This is an electronic system that combines programme material related and other data in an additional form for the purpose of transmission by the transmission company.  This is a combination of individual sounds and a common spectrum or stream which carries a combination of television, radio and other data services.

COMREG must grant a digital terrestrial TV licence to the transmission company and grant digital multiplex licences to the multiplex company authorising it to establish and maintain six multiplexes. Digital terrestrial television has been rolled out and the existing analogue signal has been recently discontinued.

Broadcasting Commission of Ireland

The Broadcasting Act, 2001 set the framework for digital terrestrial television services. The Broadcasting Commission of Ireland became responsible for broadcasting services in the existing licensed independent TV and radio sectors. Broadcasting services cover services transrouted by wireless, telegraphy, cable, microwave distribution systems or satellite.

The procedure in relation to the award of broadcasting involved invitations for expressions of interest.  The invitation must be published. The legislation set out the matters to be taken into account by the Commission in determining the most suitable award.  This included in particular:

• The character of the applicant;
• Quality type range of programmes proposed particularly those related to Irish language and culture;
• The extent to which the applicant will create new opportunities for Irish talent in music, drama and entertainment;
• The desirability of allowing persons to have control or groups of persons to have control of a substantial interest in an undue number of broadcasting services in respect of which a broadcasting contract has been awarded.

The BCI may enter digital content contracts for the supply of programme material or broadcasts for transmission.