Bob Geldof is to meet the Minister with responsibility for broadcasting, Ms Sile de Valera, tomorrow, in connection with his proposed cable television music channel, Atomic TV. Mr Geldof, a director of the production company, Planet 24, has been seeking a meeting with the Minister since she took office in order to convince her to approve the channel.
The Independent Radio and Television Commission chairman, Mr Niall Stokes, told Planet 24 the IRTC would oppose the application because negotiations were ongoing with the TV3 consortium for the commercial national television licence.
A statement from the Department of Arts, Heritage, Gaeltacht and the Islands said officials had told Mr Geldof that under current legislative structures it was not possible to accede to his request.
The statement said that in considering the proposal the Department consulted the IRTC which indicated that it had objections to it. "Following the appointment of Ms de Valera as Minister, in the course of ongoing consultations, the IRTC asked that the Minister defer a decision on the matter until a meeting between the Minister and the IRTC on October 9th." Ms de Valera said she would make a decision following that meeting.
However, while Mr Geldof says he wants the approval of the Minister, it is not necessary under EU legislation. He said that if approval was not granted he would broadcast the channel from Britain from where it could be picked up by cable operators here and relayed to homes.
It is believed Planet 24 already has the approval of the British regulator, the Independent Television Commission, to broadcast Atomic. Mr Geldof argues that it can then be picked up legally under the terms of the EU's Television Without Frontiers Directive. Atomic would also be able to sell advertising time, similar to other British channels, without Government approval.
Cablelink, the State's largest operator, has said it is interested in broadcasting the channel. Mr Geldof said the content of Atomic TV would be 40 per cent Irish music.
He said in a letter to the Minister in August, to which he received no reply, that the channel could be in both the English and Irish languages. Planet 24 is already operating an Atomic TV in Poland. A Romanian service is due to start next month and the company is in talks with another European country.
Ireland is an extremely valuable market for Planet 24. Cablelink, the State's largest cable system, has 330,000 subscribers in Dublin, Galway and Waterford, making it the seventh-largest cable system in Europe.
Atomic TV promises to be a local version of MTV. While MTV offers a global pop culture, Atomic would reflect the music culture of each country.
Cablelink applied last May for an amendment to its licence to carry Atomic, but is still awaiting a reply. Mr Geldof was given an appointment to see Ms de Valera after another Government Minister intervened on his behalf, following the report published in The Irish Times two weeks ago.
The decision to consult the IRTC was an unusual one for the Department. The IRTC has no role in cable or satellite television. Its only role in television is defined in legislation as establishing one commercial national television channel. Mr Geldof maintains that Atomic is no threat to TV3. It would not be seeking advertising in the same market, as it would be a small, niche television channel, available on cable only and aimed at a teenage market.
The issue shows how outdated Irish broadcasting legislation has become. Cable and satellite are not included in legislation, which dates back to 1960. The previous minister, Mr Michael D. Higgins, had prepared new legislation, but that fell with the last government.