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Written Answers — Telecommunications Services: Telecommunications Services (30 Jun 2009)

Eamon Ryan: Responsibility for addressing technical issues with regard to the provision of a broadband service (including split lines, weak lines) is a matter for the private sector which operates in a fully liberalised market, regulated where appropriate, by the independent Commission for Communications Regulation (ComReg). Broadband services can be provided over various platforms including DSL (i.e....

Written Answers — Telecommunications Services: Telecommunications Services (30 Jun 2009)

Eamon Ryan: I have no function in the direct provision of broadband services to customers. This is a contractual matter between the service provider and its customer. The provision of electronic communications services including broadband, is primarily a matter for private sector operators. Statutory responsibility for the regulation of telecommunications operators, including complaint resolution...

Written Answers — Telecommunications Services: Telecommunications Services (30 Jun 2009)

Eamon Ryan: Broadband services are provided by private sector service providers over various platforms including DSL (i.e. over telephone lines), fixed wireless, mobile, cable, satellite and fibre. I understand that broadband is available in Ballyloughnane, Ogonnelloe, County Clare from fixed wireless, mobile and satellite service providers listed in the table below. My Department operates a dedicated...

Written Answers — Broadcasting Legislation: Broadcasting Legislation (30 Jun 2009)

Eamon Ryan: As the Deputy will be aware, amendment 158, as published on 30 March 2009, and as passed at Report stage in Dáil Éireann of the Broadcasting Bill 2008 on 18 June 2009, provides for a change in copyright law to afford commercial DTT platform providers the same opportunities as cable, IPTV and MMDS operators and on similar terms. The amendment involves the complex interface between commercial...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: I am pleased to return to the Seanad to discuss the Bill which was initiated here. I will deal with each grouping of amendments. My contribution will be long and detailed and I ask Members to bear with me. Group 1 amendments relate principally to the core definitions in section 2 of the Bill. Amendment No. 1 deals with the definition of broadcasting service to bring it into line with the...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: Group 2 amendments consist of a large number of amendments but these are all minor drafting amendments which are necessary to improve clarity and in turn the consistency of the text of the Bill and to excise errors and omissions. The group 3 amendments primarily address the issue of a new appointments mechanism proposed by the boards of the BAI, RTE and TG4. Amendments Nos. 11 and 132, in...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: The Oireachtas committee has an interesting and new task in proposing members to the RTE broadcasting authority and TG4. The power to propose rather than oppose is a significant power and I hope it works. Senator Joe O'Toole made points about setting out the type of process. I would not disagree with the sentiment he set out in his comments, that it would be better to try to get consensus...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: The amendments in group 4 address the objects, functions and duties of the BAI. The amendments require the BAI to take what steps it can to ensure the sector provides sustainable quality employment for journalists, to protect the interests of children, particularly in respect of commercialisation, and to ensure that in setting the regulatory environment for broadcasting such environment is...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: I shall address those three issues. Regarding the first, impartiality, the reason section 42 has a specific provision that "broadcast treatment of current affairs, including matters which are either of public controversy or the subject of current public debate, is fair to all interests concerned and that the broadcast matters is presented in an objective and impartial manner and without an...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: These amendments add to the criteria of what constitutes a community broadcaster by including terms such as "account to the community" and "seeking to provide a social benefit to, the community concerned". The amendments also require the broadcasting Authority of Ireland, BAI, to consider the specific needs of community broadcasters in respect of the licensing of digital services. Amendment...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: These amendments provide that the Irish film channel may carry advertisements subject to certain restrictions and approval and adds the Houses of the Oireachtas and Irish film channels to the list of must-carry services on digital networks.

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: I thank Senators for their support for the Oireachtas and Irish film channels, which will have difficult births in these economic circumstances. The former is a matter for the Houses of the Oireachtas Commission, which has been considering which mechanism to use to put the channel together and to transmit it. Whether RTE will transmit the channel is not certain. Understandably, a number of...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: These amendments address the issue of broadcasting content standards. Amendments Nos. 43, 45 and 63 replace the phrase "taste or decency" with the less subjective term "harm or offence". Amendment No. 44 also allows the BAI to adopt a more flexible approach in respect of religious advertising. Amendment No. 32 requires the Minister for Communications, Energy and Natural Resources to lay...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: I take the Senator's point that it applies across the board. We must also, however, take the defamation legislation into account because where there is a real slight and recourse to justice on that point it does not extend to those who are deceased. While the right of reply provisions are separate and different there are certain similarities and that is why we followed the precept that it...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: The code will set the guidelines. It is the job of the broadcasting authority to implement them. We had a long and interesting debate on religious advertising at various stages in the drafting and amendment of the Bill. Concerns could arise if there was no restriction because some religious groups by dint of having large resources could advertise for members. I would find that...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: The amendments in group 8 provide that the Broadcasting Authority of Ireland will be required to prepare and, with the consent of the Minister and the Minister for Finance, publish, three year Estimates of expenditure which is intended to allow broadcasters subject to the BAI levy an indication of the likely financial impact on them in future years.

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: I agree that we must keep tight control on spending. This amendment will give at least a form whereby the broadcasting authority has to justify and set out a budget and plans so it is not allowed to creep in an unscrutinised manner. When it comes to regulators, where they are funded by the industry, as in this case and we have a similar context in telecoms and energy regulation, it is a...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: Group 9 addresses the issue of contract extensions for commercial radio stations. The amendments respond to concerns raised by Senators and Deputies by increasing the maximum period of any contract extension the BAI may grant under the fast-track procedure outlined in section 67 from seven to ten years and by increasing from four to six years the maximum period of any contract extension the...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: Amendment No. 53 in group 10 will enable the Broadcasting Authority of Ireland to co-operate and engage with persons or groups in the development by them of codes and standards and the establishment of self-regulatory systems. This recognises the role that self-regulation and self-regulatory bodies such as the Advertising Standards Authority of Ireland have and can play in the future to...

Seanad: Broadcasting Bill 2008 [Seanad Bill amended by the Dáil]: Report and Final Stages (30 Jun 2009)

Eamon Ryan: The amendments in group 11 relate to Part 4 and primarily arise from discussions with the Broadcasting Complaints Commission regarding the practical implementation of the redress mechanisms proposed in sections 48 and 49 with a specific focus on the discretion of the compliance committees on timelines for decision making and how much time a broadcaster, employee of the broadcaster,...

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