Seán Power (Kildare South, Fianna Fail)

The Broadcasting Bill 2008 proposes the establishment of a single content regulator, the Broadcasting Authority of Ireland, which will encompass the existing functions of the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission and any remaining content regulatory functions of the RTE Authority.

In formulating the Bill consideration was given to the question of whether there was merit in amalgamating the Commission for Communications Regulation — ComReg — and the proposed new content regulator. However on reflection it was decided not to proceed with such a combination.

The principal rationale for such a decision is that the two regulators address very different sectors and as a consequence require very different skill sets. In essence the Broadcasting Authority of Ireland is intended to be a content regulator whilst ComReg is a network or distribution regulator.

Whilst convergence is undoubtedly happening, the Broadcasting Authority of Ireland and ComReg will continue into the future to address separate questions, for example, how we encourage Irish language programming or objective and impartial current affairs journalism in the case of the Broadcasting Authority of Ireland as opposed to how we ensure the development of next generation telecommunications infrastructure in the case of ComReg.

There is no doubt there needs to be close liaison between the two regulators, as is the case at present between the Broadcasting Commission of Ireland and ComReg, for example in the allocation of spectrum for radio services and digital terrestrial television services. In addition there may be scope for the proposed Broadcasting Authority of Ireland and ComReg entering into an agreement to share common services in an effort to achieve administrative savings. Indeed the Broadcasting Commission of Ireland and the Broadcasting Complaints Commission, although two distinct statutory bodies, have an agreement to share services, with the Broadcasting Commission of Ireland providing staff to service the administrative needs of the Broadcasting Complaints Commission.

While different arrangements may be required in the future, at present we are best served by two separate regulators. The matter, however, will be kept under ongoing review.

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