New legislation provides for digital TV, 35 channels and major RTE role

The Minister responsible for broadcasting, Ms de Valera, was very understated when she introduced her Broadcasting Bill yesterday…

The Minister responsible for broadcasting, Ms de Valera, was very understated when she introduced her Broadcasting Bill yesterday in the Dail, describing it as the first major piece of legislation relating to broadcasting since 1988.

The Bill, however, is much more than that. It is wide ranging and quite revolutionary in its implications.

It will introduce to Ireland the world of digital television, provide for 35 channels, define public service broadcasting, and aid the Irish film industry.

It represents a balancing act, with the Minister seeking to address issues raised by the market, by social and cultural demands, and by viewers.

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RTE will remain a major player, owning up to 40 per cent of a new company which will be established to develop the digital television transmission infrastructure.

The cost to RTE will be its own transmission system, which will be the price of its holding in the new company.

Commercial interests have an opportunity to invest up to 60 per cent.

The decision to establish a "Digico" means that the cost, which will probably be about u£40 million, will not be borne by either the licence payer or the Exchequer.

The Bill also provides for a Broadcasting Commission of Ireland. This is the Independent Radio and Television Commission with increased responsibilities, which will cover drawing up programme and advertising standards, and all the new television services, whether they are transmitted via cable, satellite or terrestrial means.

Given the increasing difficulty of regulating what is becoming an anarchic market, the commission is to exercise its role with a "light touch", according to the Minister.

RTE will remain outside the ambit of the new commission as long as it is providing free television available to all.

If RTE offers pay television, pay-per-view or some other subscription system, it will have to answer to the commission.

At the heart of the Bill is a definition of public service broadcasting. The number of television channels which are becoming available, via cable, satellite or MMDS, will put public service television under huge pressure. Unless a strong commitment to public service broadcasting is written into the legislation, the licence fee could be called into question as viewers turn to the many alternatives to RTE.

In a world of niche channels aimed at increasingly narrow markets; of convergence, where television and the Internet merge; where new concepts such as pay-per-view and near-video-on-demand become commonplace, the fear has been that some would not be able to afford television.

The "information rich" and the "information poor" is how commentators refer to these phenomena.

There is no reason to doubt Ms de Valera's commitment to what she called the "unanswerable" case for a strong public service broadcaster catering for the specific needs and the culture of Irish viewers.

However, the EU's Amsterdam Treaty also recognises a relationship between public service broadcasters and the democratic, social and cultural needs of the member-states.

Public service broadcasting is defined in the Bill as a service providing virtually universal coverage, which is free to viewers and listeners at the point of reception and provides a comprehensive programme schedule.

Under the Bill, RTE becomes a public service programme provider. Its transmission system is privatised and pays for RTE's continued involvement, as a partner, in a commercial transmission company.

In the digital world RTE will have one "multiplex" of five channels. Two will broadcast RTE 1 and Network 2. The other three channels will probably offer news, education and repeats - so that viewers can catch up with missed programmes.

TnaG and TV3 will share one multiplex. The other four, offering five channels each, will be offered commercially to ensure income.

The Minister has also promised to amend the Bill at committee stage so that RTE's commitment to independent programme-makers will increase as its television programme budget increases. This followed an intense lobbying campaign by Film Makers Ireland, which feared the increase would be based on inflation.

For a long time there appeared to be little urgency about digital television. That has certainly changed.

The committee charged with looking at the new digital company is expected to advertise for "expressions of interest" from potential investors in October, while the Bill will still be making its way through the Oireachtas.

Ms de Valera appears confident that the Bill will be law by Christmas, with RTE transmitting its first digital programmes by the second half of 2000.

Michael Foley is a lecturer in journalism at the Dublin Institute of Technology, and a media commentator.