Seán Power (Kildare South, Fianna Fail)

I propose to take amendments Nos. 101 to 103, inclusive, together relating to the operation of RTE's long wave service.

As the Senators are aware, primary legislation in the main outlines objectives rather than the specific technology standards and parameters needed to support such objectives. This is a logical approach given the rapid pace of technology and service development.

Section 114(1)(a) of the Bill sets RTE the objective of providing a broadcasting service to be made available in so far as is reasonably practicable to the whole community on the island of Ireland. Section 114(1)(f) sets RTE the objective of providing a broadcasting service to be made available in so far as RTE considers reasonably practicable to Irish communities outside the island of Ireland. Section 114(1)(d) gives RTE the objective of co-operating with public bodies in preparing for the dissemination of information to the public in the event of an emergency. Section 121 provides that all spectrum-based services provided by RTE shall only be provided under licence from the Commission for Communications Regulation.

The Bill as drafted sets RTE these specific objectives. It allows it the latitude to choose the most appropriate economic and technological means to fulfil these objectives and establishes various accountability mechanisms under which RTE accounts for its decisions. At present, RTE uses a wide variety of different platforms and technologies to ensure diversity of choice for the listener and to maximise these.

For the home audience, Internet, satellite, FM, long wave and DAB services are provided and for the Irish abroad, Internet, satellite and long wave services are available. In respect of satellite services, I would point out that anyone with a satellite receiver in Ireland, the UK or France can at present tune in to all four of the principle RTE radio services 24 hours a day, should he or she so wish.

In respect of emergencies, to which a number of Members referred, RTE has indicated that in the event of an emergency, it is important to have the resilience to provide its services over different broadcasting platforms and technologies, not just long wave. In this way, it is not reliant on one platform or technology but can continue to provide services even in the event of a failure in any particular platform or technology.

I have concerns about providing instructions to RTE on the type of technologies it should deploy or how these services should be operated from a technological point of view. As a consequence, I am not in a position to accept the amendments as proposed.

The Joint Committee on Communications, Energy and Natural Resources has the power to bring RTE before it if concerns or questions arise. When the Bill is passed, the committee will also be given the responsibility for suggesting names to the Minister for the new authority. It will, therefore, play an active and important role.

I have sympathy with the proposals contained in amendment No. 85 in light of the concerns that have arisen regarding the carriage of such free-to-air services on subscription based satellite services which are not regulated in Ireland. I believe in principle that Irish public service channels should not be tied to any one platform on an exclusive basis. However, under the current situation broadcasters are free to negotiate contracts on a commercial basis with satellite providers not regulated in Ireland. Providing broadcasters with this ability is important because it ensures television viewers in Ireland can subscribe to satellite television services without having to establish a separate receiving device.

I also understand that ensuring the availability of Irish broadcasting channels as part of a basic or minimum package gives rise to certain practical difficulties relating to a satellite's footprint or coverage area. Satellites are used to provide broadcasting services in several countries, which gives rise to rights issues because Irish broadcasters have rights to broadcast certain programmes within Ireland only. Expensive encryption systems are therefore required to ensure content is only received in Ireland. Subscribers to a service would need a decryption card to view programmes.

The proposed amendment also seeks to ensure a carriage obligation in respect of Irish public service channels on satellite. This objective will be achieved under section 77 of the Bill if a satellite service comes under Irish jurisdiction. However, at present no satellite system comes under this jurisdiction. In order to continue to provide maximum choice and flexibility to Irish television viewers, I cannot accept the amendments as proposed.