AN order requiring the Minister for Communications to reconsider an application for a licence to rebroadcast British television signals was vacated by the High Court. The order had been granted to South Coast Community TV of Carrigaline.
Yesterday Mr Justice Keane vacated an order made in 1994 by the President of the High Court, Mr Justice Costello, restraining Cork Communications Ltd, which holds the licence for the MMDS system, from invoking broadcasting legislation against South Coast Community TV.
The judge also vacated an order which he made in 1995 to continue the original order made by the President until the Minister for Communications had reconsidered the licence application by South Coast Community TV.
South Coast Community TV has been transmitting television signals without a licence since 1985. It began rebeaming British television signals in that year without a licence and had sought in vain over the years to be given one. It is a voluntary organisation which has 10,000 subscribers.
Mr Justice Keane said that from the evidence available to him the Minister had determined the matter on April 15th last. He had to treat the Minister's letter to South Coast Community TV as being clearly what it was, a refusal by the Minister to accept the application for a licence.
Mr Michael Cush, counsel for Cork Communications, said there had been a determination and refusal of South Coast Community TV's application for a licence and the order was now spent.
Mr John Gordon SC, for South Coast Community TV, said it had received a letter from the Minister refusing the application and inviting it to make a new application pursuant to a new scheme.
Mr Gordon said his client had responded by giving the Minister seven days to qualify his position. The seventh day had expired on Wednesday and they had not got a reply from the Minister.
Mr Gordon asked for the hearing of the motion brought by Cork Communications to be adjourned for a week so that the Minister's counsel could clarify what he meant in his original letter.
Mr Cush said the letter was accepted by Cork Communications as a refusal of South Coast Community TV's application for a licence. He objected to the request for the adjournment, saying that the Minister's refusal should be the subject of separate proceedings.
Mr Tom Slattery SC, also for South Coast Community TV, said his clients' application had been before the Minister for many years, in accordance with a judgment delivered by Mr Justice Keane that it be dealt with fairly and judicially. It was their contention that the Minister had not done so.
Mr Slattery said it was an appropriate matter to be put back until the Minister came before the court to explain his refusal of a licence to his client.
He claimed technical work and dialogue which would have justified the Minister's decision had not taken place.
Mr Justice Keane said that the injunction would continue only until South Coast Community TV's application for a licence had been determined by the Minister. It had been determined and Cork Communications was entitled to apply to have the injunction vacated.
. Mr Michael O'Sullivan, vice chairman of South Coast Community TV, said afterwards that the Minister had effectively thrown them to the wolves. Cork Communications Ltd could now come back to the High Court at its leisure and seek to have them put off the air.