Broadcasting (Amendment) Act 2007
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The Broadcasting (Amendment) Act 2007 is an Act of the
Oireachtas The Oireachtas (, ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of: *The President of Ireland *The bicameralism, two houses of the Oireachtas ...
(Irish parliament) which was enacted in April 2007. It deals with Irish Analogue broadcasting systems and the amendment of legislation on Digital Terrestrial Television dating back to 2001. This act amends previous acts in particular the Broadcasting Act 2001.


Summary of the Act

The main purposes of the Act are: * To give Irish national public service broadcasters (
Radio Telefís Éireann Radio is the technology of signaling and communicating using radio waves. Radio waves are electromagnetic waves of frequency between 30 hertz (Hz) and 300  gigahertz (GHz). They are generated by an electronic device called a transmi ...
and
TG4 TG4 ( ga, TG Ceathair, ) is an Irish free-to-air public service television network. The channel launched on 31 October 1996 and is available online and through its on demand service TG4 Player in Ireland and beyond. TG4 was formerly known ...
) obligations relating to digital terrestrial television. * To mandate the licensing of multiplexes for carriage on the RTÉ multiplex of Irish free-to-air channels (first one, later two multiplexes) to the RTÉ Authority. * To mandate the Broadcasting Commission of Ireland to license other interested broadcasters using free-to-air and pay-tier multiplexes (three, later four). * To mandate ComReg with regulation of non-big screen TV type services such as Mobile TV. As compensation for analogue television switch-off, it obliges RTÉ to create a digital television channel available on various platforms, such as terrestrial,
satellite A satellite or artificial satellite is an object intentionally placed into orbit in outer space. Except for passive satellites, most satellites have an electricity generation system for equipment on board, such as solar panels or radioisotope ...
, cable and IPTV, providing home-created television programmes to Irish citizens abroad. As of 2008, the channel's working title was
RTÉ International (RTÉ) (; Irish for "Radio & Television of Ireland") is the national broadcaster of Ireland headquartered in Dublin. It both produces and broadcasts programmes on television, radio and online. The radio service began on 1 January 1926, while ...
.


Background

DTT was due to be operational in 2002. With the collapse of ITV Digital, IT's TV was unable to get funding to cover its fees and rollout the network as planned. RTÉ, holding a minority stake in the transmission network of IT's TV, carried out DTTV tests and a
Digital Audio Broadcasting Digital radio is the use of digital technology to transmit or receive across the radio spectrum. Digital transmission by radio waves includes digital broadcasting, and especially digital audio radio services. Types In digital broadcasting syst ...
pilot between 1998 and 2001 using the
Three Rock Three Rock Mountain (; archaic: ''Sliabh Ruadh'') is a mountain in Co Dublin, Ireland. It is high and forms part of the group of hills in the Dublin Mountains which comprises Two Rock, Three Rock, Kilmashogue and Tibradden Mountains. The mo ...
transmitter on channel 26. One applicant was announced by the Office of the Director of Telecommunications Regulation, now the
Commission for Communications Regulation The Commission for Communications Regulation (ComReg) ( ga, An Coimisiún um Rialáil Cumarsáide) is the general communications regulator for Ireland, covering almost all possible types of communications. Founded on 1 December 2002, ComReg too ...
(ComReg). RTÉ currently broadcasts RTÉ, Network 2 (now renamed RTÉ 2),
TV3 Channel 3 or TV 3 may refer to: Television *Canal 3 (Burkina Faso), a commercial television channel in Burkina Faso *Canal 3 (Guatemala), a commercial television channel in Guatemala *Channel 3 (Algeria), a public Algerian TV channel owned by EPTV ...
, and TG4, plus two other surplus channels, although
Tara TV Tara Television (or Tara TV) was an Irish cable and satellite channel aimed primarily at Irish people living in Britain, it was set up in 1996 and began broadcasting a year later before being finally wound up during the early hours of 1 July 2 ...
was carried by RTÉ on one of these channels. No
EPG Electronic programming guides (EPGs) and interactive programming guides (IPGs) are menu-based systems that provide users of television, radio and other media applications with continuously updated menus that display scheduling information for ...
information was involved but a wireless return path (DVB-TRC) was tested. This meant a telephone line would not be needed for the digibox for subscription services. Although now regarded as an unnecessary expense, TG4 has expressed an interest in its incorporation into rollout. RTÉ also ran a transmitter on Band 3 at Three Rock on Channel D for
VHF Very high frequency (VHF) is the ITU designation for the range of radio frequency electromagnetic waves (radio waves) from 30 to 300 megahertz (MHz), with corresponding wavelengths of ten meters to one meter. Frequencies immediately below VHF ...
tests. It was intended to have a 2 way channel to allow the viewer's home aerial to send a signal back to the DTTV transmitter, rather than via a telephone line. CDG, 2007 Thirteen transmitters account for 92% network coverage. These are
Kippure Kippure () at , is the 56th-highest peak in Ireland on the Arderin scale, and the 72nd-highest peak on the Vandeleur-Lynam scale.Mountainviews, (September 2013), "A Guide to Ireland's Mountain Summits: The Vandeleur-Lynams & the Arderins", Coll ...
,
Mount Leinster Mount Leinster ( ga, Stua Laighean) is a mountain in the Republic of Ireland. It straddles the border between Counties Carlow and Wexford, in the province of Leinster. It is the fifth-highest mountain in Leinster after Lugnaquilla , Mullaghclee ...
, Mullaghanish, Spur Hill, Maghera, Woodcock Hill, Truskmmore, Hollywell Hill, Moville, Cairn Hill, Three Rock,
Clermont Carn Clermont Carn (), also known as Black Mountain, is a mountain that rises to in the Cooley Mountains of County Louth, Ireland. It is at the border with Northern Ireland, and is also the location of the Clermont Carn transmission site. The moun ...
, and Kilduff. Other in-fill transmitters are used to cover remoter areas. TÉNL, 2007 The Department of Communications, Energy and Natural Resources Test ran between August 2006 and August 2008. The pilot was open to 1,000 users chosen by a research company, 500 from around the Three Rock Transmitter in Dublin, and 500 from the Clermont Carn upgraded transmitter in County Louth. The broadcast contract is with
BT Ireland BT Communications (Ireland) Limited is a telecommunications and internet company in Ireland. It is a subsidiary of BT Group plc. History Esat Telecom The company was founded in 1990 by a consortium headed by business magnate Denis O'Brien and ...
, NEC UK supply the transmission equipment. Four multiplexes are being tested for use. One is for
O2 Ireland Telefónica Ireland was a broadband and telecommunications provider in Ireland that traded under the O2 brand (typeset as O2). O2 Ireland was previously called Esat Digifone when it was owned by Esat Telecommunications (and Telenor) from 1997 ...
and 3 Ireland called the DVB Multiplex. This uses Channel 26 to provide scrambled or encrypted channels only available to the DVB-Handheld enabled phone users. On 15 June 2007, Eamon Ryan TD, Communications Minister, were given an Introductory Brief on the Irish DTT. Under a DTT paragraph on page 4, the pilot was described as underway. It suggested that continued progress was required on developmental and formal arrangements, to ensure the analogue system would be replaced nationwide under what is termed "
analogue switchoff The digital television transition, also called the digital switchover (DSO), the analogue switch/sign-off (ASO), the digital migration, or the analogue shutdown, is the process in which older analogue television broadcasting technology is conv ...
". The Introductory Brief (page 7) also outlined changes to divisions within the Department of Communications, Energy & Natural Resources. It proposed the Broadcasting, Telecommunications and Postal Sectors to be renamed and subdivided into Broadcasting Policy, Communications (Business and Technology), Communications (Regulatory and Postal) and Communications (Development) Divisions. Broadcasting Expenditure for the period (page 8) is €259.537 million with €0.705 for programme administration. Broadcasting Policy is responsible for the legislative and regulatory framework for broadcasting in the Republic of Ireland. It has corporate governance responsibility for RTÉ Group, TG4, the Broadcasting Commission of Ireland, and the Broadcasting Complaints Commission. ComReg falls under the Communications (Regulatory and Postal) division of the Department. The agencies of those above are set out in page 21. In particular, ComReg has a remit that covers TV services and mobile phone networks. The above document is available to view under
Freedom of Information Freedom of information is freedom of a person or people to publish and consume information. Access to information is the ability for an individual to seek, receive and impart information effectively. This sometimes includes "scientific, indigeno ...
legislation.


Future broadcasting acts regarding a regulator of content for RTÉ and commercial TV companies in Ireland

A broadcasting bill went into eConsultation and was concluded on 18 April 2007. It foresaw the establishment of a Broadcasting Authority of Ireland and would amend
RTÉ Authority (RTÉ) (; Irish for "Radio & Television of Ireland") is the national broadcaster of Ireland headquartered in Dublin. It both produces and broadcasts programmes on television, radio and online. The radio service began on 1 January 1926, while ...
provisions. The bill was expected to be enacted during 2008 and is part of the priority legislative Programme: 2007-2008 Proposals and will involve a new content regulator taking on the Broadcasting Commission of Ireland (BCI) and RTÉ Authority role. The Broadcasting Bill 2006 will cover the dissolution of the RTÉ Authority, BCI, BCC and allow for transition arrangements, exemption from stamp duty, funding of the BAI by broadcasters, and the rules governing state support to RTÉ and TG4 under EC Directive 97/36/EC on state aid following government consultation with the Commission and
EU Parliament The European Parliament (EP) is one of the legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it adopts ...
. (Official Journal of EU. No. L. 202/60 of 30 July 1997). The Act will also deal with TV license definitions and enforcements, codes and contract awards. It primarily will deal with State Aid concerns following on from the TV3 complaint to the Commission regarding public broadcaster license fee usage rules. With regard to Digital Terrestrial Television and analogue switch-off, the Department of Communications has identified that Irish DTT is the only system that can provide "better quality, new services, and more channel... that can be regulated under Irish Law." Large scale public awareness is identified by the department. It outlined that in 1999 the Republic of Ireland decided its approach to introducing DTT with the Broadcasting Act 2001 being enacted. The model adopted elsewhere was attempted but after a public tender competition the award to run the licenses failed in 2003. The next move happened in 2005 when the Department of Communications decided on a DTT pilot programme to start roll-out of the service in the Republic of Ireland and to help develop momentum regarding DTT in the consumer and private sector. Government approved and the trial is now up and running in Dublin and Louth using a three-year budget of €10 million, broadcasting on four multiplexes from Three Rock and Clermont Carn mountains. Twelve TV channels and also radio channels are provided and higher definition TV was trialled in July 2007 of the
All-Ireland Hurling Final The All-Ireland Hurling Final (''Cluiche Ceannais Iomána na hÉireann'') is the ultimate match played in the annual All-Ireland Hurling Championships (senior, minor and under-21 levels). The All-Ireland Senior Hurling Championship Final was lis ...
. A Pilot Stakeholders Group exists to inform those involved in it and the department regarding issues that could be similar in a national roll-out. Under the Broadcasting (Amendment) Act 2007, RTÉ has a duty to roll out a DTT multiplex nationally carrying RTÉ 1, RTÉ 2, TV3, TG4 and possibly Channel 6. The BCI can allocate three other multiplexes which it is expected to put out to license by January 2008. Within the next year and a half, 20 to 30 channels are expected on Irish DTT. In its Digital Switchover Plan, the Broadcasting Section of the Department of Communications identified the benefits that Irish citizens can benefit with increased entertainment offerings, additional sources of information and new forms of interaction and a potential means of government and public sector information. Thus digital television could be a driver of business and economic development across many sectors in the view of the Department of Communications (page 3 Intentions with Regard to the Introduction of Digital Television in Ireland). It identifies the Irish Government's role in point 16, but that Ireland is unusual due to its separate geography from mainland Europe and the issues of spectrum usage and satellite transmission. Political, economic and geographical links with Northern Ireland affect broadcasting policies and UK TV is popular in the Republic of Ireland as a result, split between cable, satellite and analogue signal overspill. Ireland has he second highest penetration of satellite in Europe but Sky its main operator is unregulated in the Republic of Ireland. The Department of Communication also identified that broadband and digital TV contains synergies with data and telephony services. To that end, the Department is involved in a National Broadband Scheme to cover the telecoms infrastructure upgrade costs for the remaining 10% of the Republic of Ireland who for demographic and commercial telecom investment reasons would otherwise not get broadband. The Department has not proposed an analogue switchover date as yet, though the Broadcasting (Amendment) Act gives the responsibility for the BCI foreseeably (BAI) to report when digital multiplex coverage for the RTÉ multiplex and other multiplexes are near universally covered and when analogue switchover can then be recommended and a date decided upon. In the next section the legislation underpinning Irish digital


Subsequent legislation

The Broadcasting (Amendment) Act 2007 makes provision in relation to broadcasting. It deals with the supply and transmission of programme material and other data by digital means. It also deals with a combination of such programme material in relation to the broadcasting of certain services to Irish communities outside the Island of Ireland. It deals with the discontinuance of certain broadcasting services by analogue means and confers additional functions on RTÉ, the Broadcasting Commission of Ireland (BCI) and Teilífis na Gaeilge (TG4) to confer power subject to license on Telífis na Gaeilge and amends the Broadcasting Authority Acts 1960 to 2001 and certain other enactments and related matters. Some definitions are used in the Act such as multiplex, programme material, sound broadcasting multiplex, television multiplex and television programme service contract. These warrant further explanation, as terms frequently referred to hereafter. A multiplex is an electronic system which combines programme material and related and other data in a digital form and the transmission of that material and data by means of wireless telegraphy, either directly or indirectly for reception by the general public. Channels and associated channel data such as interactive services related to that channel in effect can be broadcast on a transmission network multiplex subject to Broadcasting Commission of Ireland license. Sound broadcasting multiplex means a multiplex in which programme material is mostly sound orientated and television broadcasting multiplex is likewise mainly television broadcasting. The Broadcasting (Amendment) Act 2007 repeals Section 24 of the Broadcasting Act 1990, Section 4 of the Broadcasting Act 2001, Section 10 of the Broadcasting Authority Act 1960, and of the Broadcasting Acts 1960 to 2001. Section 20 of the Communications Regulation Act 2001 is also repealed as is Section 20 of the Radio and Television Act 1998 and Section 45 of the Wireless Telegraphy Act 1926 to 1988. The preamble of the Act makes provision for broadcasting matters, for the supply of programme material, transmission of that material and of other data by digital means and in relation to broadcasting certain services to Irish communities outside the Island of Ireland. It also makes provision for the discontinuance of certain broadcasting services transmitted by analogue means, and confers additional functions on the Commission for Communications Regulation, Radio Telífís Éireann, Telifís na Gaeilge (still TG4's legal name) and confers powers subject to license on Teilifís na Gaeilge and amend the Broadcasting Authority Acts 1960 to 2001 and certain other enactments on 10 April 2007.


Sections of the Broadcasting (Amendment) Act 2007

{{prose, date=January 2018 Sections of the Broadcasting (Amendment) Act 2007 are arranged as follows: * 1 - Title, overview, matters dealt with, and when the Act commences. * 2 - Terms used, briefly explained in the previous section (interpretation). * 3 - The RTÉ Authority functions. * 4 - The Broadcasting Commission of Ireland’s (BCI) new functions. * 5 - The Commission for Communications Regulation’s (ComReg) new duties, in relation to digital terrestrial television multiplexes. * 6 - ComReg’s new duties in relation to digital terrestrial sound broadcasting. * 7 - Regulations relating to fees by applications and procedures. * 8 - Applications for multiplex contracts. * 9 - Review of applications for awarding multiplex contracts * 10 - Terms and conditions of multiplex contracts. * 11 - Analogue switch-off.  Broadcasting (Amendment) Act 2007: Section 11
/ref> * 12 to 16 - Repeals of Sections of the Broadcasting Act 2001 primarily in 12 of Section 12, in 13, Section 16, Section 28 of 14, Section 32 of 15, in Section 45 of 16. * 17 - Considers repeals. * 18 - States expenses regarding administration of this Broadcasting (Amendment) Act 2007. (End of page 1 of the Act)


References


External links



The Irish Government Department of Communications, Energy & Natural Resources website, section on broadcasting acts in the Republic of Ireland *Oireachtas, 2007 The Houses of the Oireachtas, "Broadcasting (Amendment) Act 2007 No.15 of 2007

Published: 18 April 2007, Accessed: 25 October 2007

BCI evolutation into BAI planned for 2008

RTÉ.ie/business "Bill sets up new broadcasting watchdog" Accessed: 14 May 2008. *Oireachtas, 2008 The Houses of the Oireachtas

Broadcasting Bill 2008 to establish the BAI to take over BAI, RTÉ Authority, Broadcasting Commission of Ireland and Broadcasting Complaints Commission duties, and establish RTÉ and TG4 (previously Téilifis na Gaeilge) as corporate semi states and establish Houses of the Oireachtas Commission (Oireachtas TV) and Irish Film Channel (Irish Film Board/Board Scannan na hEireann).

Consultation on DTT Multiplexes, Commission for Communications Regulation (radiowave spectrum regulator).

Commission for Communications Regulation, "Response to Licensing Digital Terrestrial Television", Document 07/90

Commission for Communications Regulation, " License for Digital Terrestrial Television", Document 07/90a.

Commission for Communications Regulation, "Technical Conditions for Digital Terrestrial Television", Document 07/90b.

Commission for Communications Regulation, "ComReg published License framework for Digital Terrestrial Television", Document: PR09 1107.

Silicon Republic.com "DTT licences will cost operators €114k", by John Kennedy

Department of Communications commencement order of the Act 15 by the previous Minister for Communications, Ireland in April 2007

Information on ComReg's role in Irish broadcasting spectrum regulation *Broadcasting Commission of Ireland DTT license applicants proposal

2007 in Irish law Acts of the Oireachtas of the 2000s Television in the Republic of Ireland Digital television Media legislation History of mass media in the Republic of Ireland