Decisions of the Broadcasting Commission of Ireland (BCI) and the Director of Telecommunications Regulation to revise the franchise areas for local radio in counties Carlow, Kilkenny and Kildare are being challenged in High Court proceedings by companies which had broadcast in the former franchise areas.
The BCI decided to modify the area for local radio from Carlow-Kildare to Carlow-Kilkenny and also designated Kildare as a separate entity.
Three companies, Carlow-Kilkenny Radio Ltd, Kildare Ltd and Carlow-Kildare Radio Ltd, have challenged the BCI decision made in October last year awarding a contract for the provision of local radio in counties Carlow, Kilkenny and Kildare to CK Broadcasting Ltd (KCLR-FM) and Co Kildare FM Radio Ltd.
Kilkenny Community Communications Co-operative Society Ltd, which failed to get a renewal of a broadcast licence for Kilkenny, has brought separate proceedings challenging the BCI decision to give the licence to KCLR-FM. The society, which employs 21 people, claims it will be forced into liquidation if the BCI decision stands.
Yesterday, in a preliminary decision before the hearing of both sets of legal proceedings, the Supreme Court rejected appeals by all the plaintiff companies against High Court decisions refusing their applications for the BCI to produce documents relating to the manner in which the Commission had assessed the applications.
Giving the Supreme Court decision, Mr Justice Murray, presiding, said the court would disallow the appeals brought in both cases and would give their reasons later.
The court's decision had nothing to do with the merits of either case and was concerned only with the applications for the discovery of documents.
The Kilkenny Co-op application for documents concerned the refusal of the High Court to order discovery of a document submitted to the Commission by CK Broadcasting Ltd to assist its bid for the new licence.
The co-op wanted the document so as to identify "two people with extensive experience, expertise and local knowledge" whom it was envisaged would work for CK Broadcasting Ltd.
The application by Carlow-Kikenny Radio Ltd, Kildare Radio Ltd and Carlow-Kildare Radio Ltd was concerned with categories of documents relating to the Commission's decision-making process. The three firms contend the Commission did not properly take into account the previous track record of Carlow Kildare Radio Ltd.
They also allege the commission had regard to irrelevant matters concerned with the ownership and control of the applicant companies. No weight should have been attached to those issues, they argue.
