AN early date is being sought for the hearing of an application to restrain the Carrigaline based South Coast Community TV from transmitting television signals without a licence, the High Court was told yesterday.
The application for the early hearing is being made by Cork Communications Ltd, which holds the licence for the MMDS system in the area. In April, the High Court lifted an order which had been granted to South Coast Community TV in 1994, restraining Cork Communications from invoking broadcasting legislation against the Carrigaline group.
Vacating the order in April, Mr Just ice Keane said that from the evidence available to him, the Minister for Communications had determined the matter on April 15th. He must treat the Minister's letter to South Coast Community TV as being clearly what it was a refusal by the Minister to accept the company's application for a licence.
Yesterday, Mr Michael Cush, counsel for Cork Communications Ltd, told the President of the High Count, Mr Justice Costello, that his clients were seeking a date for the application hearing before the end of the present legal term.
The Carrigaline group's licence application had finally been determined and had been refused. It did not have a licence. Cork Communications Ltd, in its counter claim, was seeking to restrain South Coast Community TV from broadcasting without a licence.
Mr Maurice Collins, counsel for the Carrigaline group, said that on April 15th, when the Minister had notified his clients that their application was being refused, they were notified that a new scheme was being adopted by the Minister and that an application could be made pursuant to that.
His clients had now applied at the first stage for a new licence under that scheme. Whether or not the application procedure for a licence should be allowed run its course was a relevant factor in considering giving the High Court hearing priority.
The court's consideration might be rendered most by a decision of the Minister, with the consequent waste of the court's time, Mr Collins said.
Mr Justice Costello told Mr Collins he was free to raise those points before the trial judge but he thought the case should go on. The panties could contact the High Court chief registrar to see it a date was available.