Written answers

Tuesday, 25 April 2006

Department of Communications, Energy and Natural Resources

Television Licence Fee

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 343: To ask the Minister for Communications, Marine and Natural Resources if a television licence must be paid where a person owns no television set but where they receive broadcasts by downloading from the internet; if so, the statutory basis for same including the statutory reference; when he last reviewed the definition of a television set used in legislation; when he intends amending same to reflect technological advances; and if he will make a statement on the matter. [14815/06]

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)
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Question 344: To ask the Minister for Communications, Marine and Natural Resources his strategy for future television licence fee revenues for RTE in view of technological advances which continue to expand the range of devices capable of receiving broadcasts but for which no fee is collected; and if he will make a statement on the matter. [14816/06]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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I propose to take Questions Nos. 343 and 344 together.

Section 1 of the Wireless Telegraphy Act 1972, as amended by section 2 of the Broadcasting and Wireless Telegraphy Act 1988, provides the current statutory definition of devices requiring a television licence. It states: "Television set means any apparatus for wireless telegraphy capable of receiving and exhibiting television programmes broadcast for general reception (whether or not its use for that purpose is dependent on the use of anything else in conjunction therewith) and any assembly comprising such apparatus and other apparatus." While many people associate the concept of a television set with the traditional box in the corner of their sitting room, the current statutory definition incorporates computers with cards capable of receiving television broadcasts. However, a computer that can access the internet but is not capable of receiving broadcast television programmes does not meet the statutory definition of a television set and, as a consequence, does not require a television licence.

The issue of whether or not the current statutory definition continues to be germane, given the many technological developments that have occurred since the enactment by the Oireachtas of the Act of 1988, is being examined in the context of development of the legislative proposals that will form the basis of the proposed broadcasting Bill. It is anticipated that these legislative proposals will be published in the coming months.

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