Noel Dempsey (Meath, Fianna Fail)

I move: "That the Bill be now read a Second Time."

This Bill has two major goals. The first is to allow RTE to provide a television and radio service to Irish communities living outside the island of Ireland. The second is to hasten the development of digital terrestrial broadcasting services in Ireland. I propose to deal with each of these goals in turn.

The issue of contact with Ireland and the desire for information about contemporary Ireland is fundamental to Irish communities and individuals living abroad. That longing to connect to events at home affects even those of us who live on this Island. Many of us on holiday abroad have found ourselves, despite our best intentions and resolutions, sitting in an Internet cafe logging on to the RTE website to catch-up with what is happening at home. The longer one spends abroad, the more acute that need to connect becomes.

Up until 2001, Tara TV provided a means for the Irish community in Britain to access some of RTE's programming. Unfortunately, this commercial venture did not manage to attract sufficient revenues and ceased to broadcast.

As has been pointed out by the task force on policy regarding emigrants, the loss of Tara TV is greatly regretted by many Irish people in Great Britain, particularly the elderly. As a consequence, the task force recommended that consideration be given to developing the role of television as a contact point for the Irish abroad and that funding be made available for the provision of such a service.

At present, RTE's public service remit, as set out in the Broadcasting Authority Act 1960 and the Broadcasting Act 2001, only extends to the provision of a television and radio service within the island of Ireland. Section 28(8) of the 2001 Act limits the use by RTE of television licence fee income to its public service remit. As a consequence, RTE cannot use such income to provide broadcasting services in Britain or elsewhere.

With a view to implementing the recommendation of the task force, the Government agreed that the draft general scheme of the Broadcasting Bill would include provision to amend the existing public service remits of RTE and Teilifís na Gaeilge to allow them develop broadcasting services for Irish communities abroad and that public funds could be deployed for such a purpose. Given the scale and scope of the draft general scheme of the Broadcasting Bill, and ongoing work by the Oireachtas Joint Committee on Communications, Marine and Natural Resources under the e-consultation initiative, the Government decided to extract and progress this small element by means of this Bill.

Sections 3, 14 and 15 outline the legislative amendments necessary to effect this change. Section 3 amends section 16 of the 1960 Act to require the RTE Authority to provide a television and radio service to Irish communities outside the island of Ireland. It also requires the television service to be provided to be representative of the programme schedules of the existing public service channels RTE One, RTE Two and TG4.

The final form of programme schedules will ultimately be a matter for RTE. However, given the issue of broadcasting rights, it is likely that the programme service provided will consist primarily of contemporary domestic programming commissioned or produced by RTE and TG4. RTE is acutely aware that Irish communities abroad will not be satisfied with a purely archive-based service and will strive to ensure that any service provided is reflective of the national domestic public services.

Section 3 also imposes a statutory duty on TG4 to supply some of its programming to RTE for the purposes of the new service at a level to be agreed between the two public service broadcasters. The provision is intended to define such supply as being in the nature of a public service duty rather than an arms-length commercial arrangement.

Section 14 amends section 28(8) of the 2001 Act to allow RTE to use public funds drawn from television licence fee income for the purposes of providing the new broadcasting service. The section also amends section 28(10) of the 2001 Act to require the RTE Authority to report to the Minister on its use of public funding for such a purpose.

Section 15 amends section 32 of the 2001 Act to empower the Minister for Communications, Marine and Natural Resources to direct the RTE Authority to maintain a special account of its use of public funding in the provision of the new broadcasting service. It should be noted that this Bill is just the first step in getting a broadcasting service on air. It is nevertheless an important first step, as I am sure the Deputies will agree. This is an issue dear to the hearts of many in the Irish community in Great Britain and I commend the efforts of Irish community organisations in Britain and the Deputies and Senators who have worked on their behalf in driving this issue. It is fair to say that Deputy Stagg has been particularly vigilant in this area.

The Bill as originally published did not make specific provision for the broadcasting of RTE's radio services to Irish communities abroad as such services are already available in Britain and further afield by means of RTE's long-wave service and by satellite. The Bill, as published, was intended to remedy the immediate deficiency, namely, the absence of a television service. Having listened to Senators' concerns during the course of the Seanad debate, the Bill has been amended to require RTE to provide both a radio and television service to Irish communities abroad.

I propose to turn to the elements of the Bill that deal with digital terrestrial television, DTT, and digital radio broadcasting. The development of DTT in Ireland is integral to the continued availability of free-to-air Irish public broadcasting to Irish television viewers. Although satellite, cable and MMDS services can provide a range of televisual offerings to the Irish consumer, none of these platforms will provide the near-universal, free-to-air digital service regulated under Irish law that DTT can provide. Given the fast-changing developments in technology, analogue terrestrial transmission is set to become obsolete in the near future, particularly as most European countries move to digital provision. It is essential to ensure that Irish broadcasting services keep pace with these developments.

DTT will provide the technology upgrade necessary to maintain free-to-air availability of Irish television broadcasting. DTT can offer citizens much more in terms of choice of channels and quality of picture. It can also create opportunities for additional private sector investment and product offerings, with the possibility to provide new and enhanced Government and public services.

It is estimated that approximately 29% of households with licensed televisions use analogue free-to-air terrestrial television only, and that up to 90% of households use analogue free-to-air terrestrial television on at least one television set in the household. The roll-out of DTT will be particularly important for these households as it will provide them with a viable alternative to analogue television with increased quality and a better range of broadcasting services. It will also serve to meet the requirement that all TV licence holders continue to receive public service broadcasting on a free-to-air basis.

I am conscious of the need for Ireland to keep ahead of the fast pace of developments in digital broadcasting across the European Union. With this in mind, I launched my Department's DTT pilot programme in August 2006. The aim of this pilot is to bring momentum to the development of DTT in Ireland and to encourage stakeholder and public interest therein. The pilot project is expected to run until 2008 and will provide insight into the issues associated with the roll-out of a national DTT system and the potential impact on the analogue television network.

One of the advantages of digital transmission over analogue transmission is an increase in efficiency, which can benefit the spectrum-planning process. A move to DTT and a subsequent analogue switch-off will free up spectrum, which can be made available for additional broadcasting or telecoms applications. Demand for additional spectrum has increased significantly and has been a key factor in the move towards digital broadcasting across Europe. While demand for additional spectrum is not as significant a factor in Ireland as it is across Europe, Ireland will wish and be expected to plan for the use of spectrum in an internationally compatible way.

The European Commission has suggested 2012 as a target date for the switch-off of analogue services. Consequently, there is a pressing need to bring forward amending legislation in order to facilitate the activities that will lead to national DTT roll-out and analogue switch-off.

The Bill has already been the subject of a lively and wide-ranging discussion in the other House. Some Government amendments were made to the DTT elements of the Bill at that stage, which amendments mainly provide that the process run by the BCI for the allocation of multiplexes will take place in a timely fashion. They also clarify that ensuring compatibility across multiplexes so all services can be received on one set-top box is a key consideration for both multiplex contractors and the BCI. I may table further technical amendments to the Bill on Committee Stage.

The DTT parts of the Bill before the House essentially amend one part of the Broadcasting Act 2001, and the basic policy objectives underpinning the 2001 Act still remain in place. The licensing model set out in the Broadcasting Act 2001 required an all-or-nothing response from the market that was not attractive and proved to be unworkable. The proposed legislation seeks to establish a more scaleable model that allows public service broadcasters to migrate to DTT and private sector operations to seek DTT multiplex licences as they see fit.

This Bill offers a degree of flexibility in the take-up of multiplexes which will prove more attractive to private sector operators than options available in previous legislation. The proposed framework also puts in place a mechanism to implement analogue switch-off, which has not been developed before. Under this Bill it is proposed that up to six multiplexes or frequencies should be dedicated to DTT, allowing for approximately 25 to 30 standard television channels. However, flexible allocation of the frequencies thereafter could mean further DTT multiplex allocations, if required by market players.

It is proposed that the first multiplex will be allocated to RTE and will also contain TG4, thereby ensuring a foundation level of Irish broadcasting services on the DTT platform. A second multiplex could be allocated to RTE, subject to consultation. This is likely to be for high-definition television as it requires more spectrum. The next four multiplexes will be left to open competition run by the BCI within a specified time limit. The BCI will be obliged to run a competition for three of these multiplexes immediately, reflecting currently available spectrum. It is expected that TV3, as the fourth analogue terrestrial licensee, may be on one of the four multiplexes. However, TV3 can instead be carried on the "public service" multiplex if it so wishes. The framework will allow for multiplexes to be added as the market requires, with spectrum for these four multiplexes guaranteed. I expect these multiplexes will be in demand given the level of response from the market in the context of the DTT pilot. The framework will also allow for a gradual take-up of multiplexes over time if that is the market response.

A similar process will be run by the BCI in respect of the allocation of sound broadcasting multiplexes for digital radio, possibly of the DAB standard. While DAB is not as well established across the Union as DTT, it has been established successfully in the United Kingdom. RTE is currently running a DAB trial which will allow issues around a national roll-out to be explored. In that context, this Bill allows for the establishment of DAB multiplexes and provides a model for licensing by the BCI of DAB in the future. However, it does not rule out the use of digital sound technologies other than DAB.

I will now outline the provisions made in the Bill. Section 1 provides for the Short Title, collective citation, construction and commencement. These are standard provisions in legislation. Section 2 provides for interpretation and provides definitions for a number of terms used throughout the Bill.

Section 3 provides for the authority, RTE, to establish and maintain multiplexes and makes provision to ensure that the RTE and TG4 channels are carried on the first multiplex. It also ensures that consideration will be given to the carriage of TV3 on the DTT platform in the event that measures under section 4 do not bring this about. It provides that TG4 and TV3 may make payments to the authority in the event that the authority carries these channels on a multiplex.

Section 4 outlines the functions of the Broadcasting Commission of Ireland, BCI, in regard to arranging contracts with multiplex contractors for providing additional multiplexes of programming. The BCI will be required to ensure compliance by contractors with the provisions of the Act. This section also sets out conditions to allow for provision of the analogue commercial licensee's services on the DTT platform and for any Northern Ireland service that could be designated for carriage in the future.

Section 5 provides that the Commission for Communications Regulation, ComReg, is required to make available licences for DTT services to RTE and other multiplex service providers. Under this section, ComReg may allocate further licences for DTT to be contracted by the BCI and other services. The section also provides for ministerial powers to make provisions for the use of services under section 5 in the event of a declared emergency.

Section 6 provides that ComReg is required to make available licences to RTE and other providers in a similar arrangement to that of section 5 but for digital sound broadcasting. Section 7 provides for ComReg to levy fees by regulation on to various broadcasting licences, including multiplex licences.

Section 8 provides that the BCI should run a competition within a specified time limit for the awarding of multiplex contracts for television and radio, which should be publicly advertised. The section obliges the BCI to invite applications for contracts in respect of three national multiplexes within six months of the coming into force of the legislation. Under this provision, the BCI has discretion to set the coverage area for any multiplex service and services can include regional and local digital services.

Section 9 sets out the criteria to be considered by the BCI when awarding contracts to multiplex contractors. Additional criteria can be added at the discretion of the BCI where necessary.

Section 10 allows the BCI to set out the terms and conditions for multiplex contracts and sets out a number of possible terms and conditions to be included. In addition, it provides that the commission may suspend or terminate the contract under certain conditions, that the contractor may pay fees to the commission and that each multiplex contract shall be open to inspection by the public.

Section 11 sets out the provisions to allow consideration by the Minister for Communications, Marine and Natural Resources of a date for analogue switch-off, having consulted all relevant stakeholders. It provides for the Minister, following consideration of a report from the commission or the authority or at any stage, to issue a policy direction in that regard

Sections 12 and 13 give effect to various minor amendments to the Broadcasting Act 2001 in respect of DTT and the new licensing model proposed, with particular regard to electronic programme guides and the application of BCI codes and rules.

Sections 14 and 15 concern RTE's public service remit, to which I referred earlier. Section 16 provides for an analogue broadcasting licence for TG4 after the station's separation from RTE on 1 April 2007.

Section 17 provides for the repeal of sections of the Broadcasting Act 2001, in order that the new alternative licensing regime can apply. Section 18 allows for the Minister's costs in the administration of this Act. The Schedule sets out the sections of the Broadcasting Act 2001 that are repealed by section 17.

Extensive consultation has taken place on the proposed legislation with a wide range of public service and private sector bodies, including the BCI and ComReg. In addition, both ComReg and the BCI will have a role in the allocation for spectrum for DTT purposes. My Department has also been in communication with the European Commission in the context of analogue switch-off. The DTT pilot being run by my Department has also provided an opportunity for full engagement with regulators, broadcasters and all other stakeholders on issues concerning DTT roll-out. It is planned that this pilot will continue over a two-year timeframe, during which DTT broadcasts will transmit from Three Rock in Dublin and Clermont Carn in County Louth.

A DTT pilot stakeholders group has been established by my Department to provide a forum within which stakeholders can raise and discuss issues associated with the pilot and long-term DTT strategy. Key discussions have been facilitated with a range of public service and commercial broadcasters on the issues arising out of participation in the DTT pilot.

This Bill presents an opportunity to ensure that the Irish public continues to have access to new and improved broadcasting services on a universal and free-to-air basis. A national DTT platform is a prerequisite for maintaining and developing a vibrant and relevant Irish broadcasting sector, while meeting our commitments to the EU switch-off target date of 2012. Consequently, I commend this Bill to the House.

See this speech in context