The High Court has upheld a decision of the Independent Radio and Television Commission to award the "youth" radio licence for Dublin to Spin FM, a consortium including millionaire businessman Mr Denis O'Brien and accountant Mr Ossie Kilkenny.
Storm FM, one of three unsuccessful licence applicants, had challenged the decision, alleging there was "objective bias" against it on the part of one IRTC member, Dublin City University lecturer Dr Colum Kenny. It had asked the High Court to quash the licence award.
In his reserved judgment yesterday, Mr Justice O Caoimh found there was no basis for rescinding the IRTC's decision and rejected a claim that the decision contravened fair procedures.
He refused to put a stay, pending any appeal, on his order dismissing the Storm challenge. The issue of costs was left over until the next law term.