DTT Commercial Multiplexes (was OneVision, Boxer etc...)

(b) RTE´ shall—

(i) ensure, in as far as practicable, that the national television
multiplex referred to in paragraph (a) shall be
established as a matter of priority and to such an
extent as to be capable of achieving a free-to-air
population coverage of—

(I) by 31 December 2009, at least 90 per cent of such
coverage as is, on the passing of this Act, available
by free-to-air analogue means, and

(II) by 30 September 2012, an extent similar to that
such as is, on the passing of this Act, available
by free-to-air analogue means,

(i) ensure that the national television multiplex referred to in paragraph
(a) shall be established as a matter of priority, and—

(I) by 31 December 2009, be operational and available free-to-air to
approximately 90 per cent of the population, and

(II) by 31 December 2011, or such later date as may be specified by the
Minister by order, be operational, available free-to-air and capable
of providing coverage to the same extent as is, on the passing of
this Act, available by free-to-air analogue means,

(i) ensure that the national television multiplex referred to in paragraph
(a) is established as a matter of priority, and—

(I) on such date as may be specified by the Minister by order, is
operational and available free-to-air to approximately 90 per cent
of the population, and

(II) by 31 December 2011, or such later date as may be specified by the
Minister by order, is operational, available free-to-air and capable
of providing coverage to the same extent as is, on the passing of
this Act, available by free-to-air analogue means,

(c) RTÉ shall take steps to promote the availability of equipment capable of
receiving, identifying, decoding and displaying a national television
multiplex operated by RTÉ under section 114(1)(i).

(7) The Authority shall from 1 July 2009 until the analogue
switch-off date or dates provide information to the public in respect
of the reception of television services by means of a multiplex and
the reception equipment necessary to receive such television
services.

(e) Without prejudice to the requirements of this section, RTÉ may, with the
consent of the Minister, the Minister having consulted with the
Authority, in respect of the use of spare capacity on a multiplex
established, maintained and operated by RTÉ under section 114(1)(i),
broadcast programme material in pursuance of its exploitation of
commercial opportunities object.”.

(d) operate, manage or sponsor, whether in whole or in part, measures, aimed
at alleviating the effects of analogue switch-off on classes of
communities or persons adversely affected.

Acting Chairman: Amendment No. 111 arises from Committee proceedings. Amendments Nos. 113, 114, 123, 127 and 128 are related and will be discussed together.

Deputy Eamon Ryan: I move amendment No. 111:

In page 130, line 16, to delete ”(3) or (4)“ and substitute ”(3), (4) or (5)”.

These amendments fall within the context of Part 8 which addresses the development of digital broadcasting services in Ireland and the closure of the analogue free-to-air television services currently provided by RTE, TG4 and TV3 using RTE’s analogue terrestrial transmission network’s analogue switch-off. Part 8 largely repeats the requirements for digital broadcasting as set out in the Broadcasting (Amendment) Act 2007 and I will take each of the amendments in turn.

With regard to amendment No. 111, sections 130(3) to 133(5) provide for ComReg to issue licences for digital radio multiplexes on request from the Broadcasting Authority of Ireland. Subsection (3) provides for a national commercial and digital radio multiplex; subsection (4) provides for a multiplex or multiplexes for regional digital radio services; and subsection (5) provides for additional multiplexes. The reference to subsection (5) was omitted in error from the definitions section in Part 8 and amendment No. 111 seeks to correct this error.

Amendments Nos. 123 and 127 are minor drafting amendments necessary to improve the clarity and internal consistency of the text of the Bill. Section 130 provides for RTE to establish, maintain and operate a national digital television multiplex which will eventually replace the existing national analogue terrestrial television system.

Amendment No. 113 amends section 130(1)(b)(i) to provide additional clarity with regard to the time line for the provision of RTE’s digital terrestrial television services. Under this amendment, RTE is required to offer services to approximately 90% of the population by a date to be set by the Minister for Communications, Energy and Natural Resources by order, and to have the network completely built and operational by December 2012 or such later date as set by the Minister. The first date will be set following further consultation with RTE as to its network build and roll-out plans. The second date has been set with a view to allowing a transition period for television viewers which provides adequate time to change to the digital service in advance of the analogue switch-off in 2012.

Amendment No. 113 also amends section 130(1)(b)(ii) so that the Minister may request regular updates from RTE as required. Amendment No. 113 proposes a new paragraph (c) in section 130(1) which provides for RTE to work to ensure the availability of suitable receivers on the Irish market. Digital television receivers must be compatible with the specifications of the RTE network if they are to receive the RTE DTT offering. RTE will need to work closely with manufacturers in ensuring a steady supply of receivers into Ireland.

The proposed paragraph (e) of section 130(1) is new and is intended to clarify that RTE can use any spare capacity on its multiplex in pursuance of commercial opportunities, subject to the approval of the Minister, the Minister having consulted the Broadcasting Authority of Ireland.

Amendment No. 114 is consequential to amendment No. 113. Amendment No. 128 amends section 139 which deals with analogue switch-off. This amendment introduces four new subsections which provide additional powers for the Minister in managing the process of switching off the analogue television services. These amendments aim to empower the Minister to address some of the issues raised by Deputies Coveney and McManus on Committee Stage in respect of the need for a managed analogue switch-off process.

The new subsections (9) and (10) empower the Minister, by himself or in conjunction with others, to manage the analogue switch-off process by promoting co-operation between key stakeholders in the switch-off process, commissioning research regarding analogue switch-off, promoting public awareness and providing appropriate help schemes for disadvantaged members of our society.

The new subsection (11) provides that the Minister by order may confer additional functions relating to analogue switch-off on ComReg, RTE and the BCI. The new subsection (12) provides that any such order would be laid before the Houses of the Oireachtas.

Deputy Simon Coveney: I will focus on amendment No. 113, which gives us an opportunity to have a discussion on where we are with DTT. I have raised this issue with the Minister during Question Time as a result of the very difficult position that RTE finds itself in with regard to funding because of Boxer deciding not to go ahead with a contract for commercial DTT. Boxer was to provide the necessary equipment to ensure households could get the set-top boxes which would allow people switch from analogue to digital terrestrial television. The idea was that RTE would build the infrastructure and a commercial operator would then lease the infrastructure or pay RTE for the use of it to provide a digital network across the country.

We have no commercial operator now and yet RTE is still being asked to roll out the infrastructure. It has spent €40 million so far and must spend another approximately €50 million to €60 million, which it does not have. I presume that is why the Minister feels it necessary to change the target date from 31 December 2009 - the original wording whereby 90% of people would have DTT coverage with regard to the public service multiplex for which RTE has responsibility.

We are now considering a wording indicating that this may happen on such a date as may be specified by the Minister. In other words, it will be at some stage in the future when RTE can afford to do it. There is recognition of a real problem, and this is the first time the Minister has given us that acknowledgement. Until now, his line has been simple; if Boxer does not do it, we will move to the next best tender, which is OneVision. The BCI is speaking with that consortium with a view to providing a commercial DTT product, although many of us are very sceptical about whether OneVision has the capacity or will to do this. I hope I am wrong in that respect. What is sure is that there will be a delay in the commercial DTT product over three multiplexes, amounting to approximately 20 channels, whether it is provided by OneVision or somebody else.

The problem for RTE is that it still has the financial commitment to continue rolling out the infrastructure of masts and aerials. On top of that there is recognition in amendment No. 113 that there is a suggestion that RTE will have to provide the set-top boxes. The new section 130(1)(c) states ”RTÉ shall take steps to promote the availability of equipment capable of receiving, identifying, decoding and displaying a national television multiplex operated by RTÉ under section 114(1)(i).” Not only will RTE be required to meet the expense of rolling out the infrastructure across the country but it will also be asked to solve the problem of the set-top boxes, which it was not supposed to be involved with at all. That was to be resolved by the commercial operator.

That will have a significant financial consequence for RTE on top of everything else. We should have a dose of honesty as to when we are likely to have 90% coverage for DTT in Ireland and how much it will cost. How will RTE afford to carry this out in its current financial position? I would like to hear the Minister’s comments on that. I make these statements in the context of being very supportive of the DTT project while acknowledging the real barriers and roadblocks which exist from a financing perspective.

Paragraph (e) provides for RTE to exploit the commercial opportunity if spare capacity is available on its multiplex. Is this contradictory to section 130(1)? It will be required to provide RTE 1, RTE 2, TG4, TV3, the Irish Film Channel, the Oireachtas Channel and such other television services having character of a public service as designated by the Minister by order. What further commercial opportunities will be available?

Deputy Liz McManus: I have similar concerns to Deputy Coveney’s. The provision of digital terrestrial television services, DTT, has become a tangled issue. It is of necessity a complex issue but I am concerned it is complicated by the number of players involved. There is the unknown entity which will replace Boxer, the commercial interest, RTE, ComReg, the BCI, the new authority and the Minister.

Apart from the delay in its roll-out, this autumn people on the east coast will lose the access which they have enjoyed for a long time to the overspill in transmission of British television channels. Britain has got its act together while Ireland has not.

Other problems relate to costs, as has already been outlined, the timeframe and the loss to the digital dividend which has great potential. The roll-out of the service has been delayed because of what has happened to Boxer. While I do not blame the Minister for this, there is a question mark over the approach expressed in these amendments. Some of them are so far behind of what is required of us, it is becoming disturbing. Public awareness of this issue is zilch. The receiver boxes issue should have been resolved some time ago and now there is a new departure as to who is responsible for those.

I recall some years ago the broadcasting industry sought one person to take charge of this whole transformation. This mishmash of amendments tells us we need a type of DTT tsar to complete this project.

While an EU obligation in this area must be met, there are also issues for those involved in this transformation. They need to have a certain amount of information and security about what is involved. However, I get the impression because there are negotiations starting with RTE and Onevision we are into unknown territory. Allowing for all the caveats involved, will the Minister clarify the timeframe involved in this? How will it be managed? I do not believe there is a management structure in place to ensure we meet the deadlines.

Deputy Eamon Ryan: The key timeline derives from the switch-off of the analogue system by the end of 2012. This is the one certain deadline with which everything has to work back. That deadline is not there just because of EU directives but because of the economic imperative that comes from the digital dividend from using the spectrum elsewhere.

It will be a tight timeline. The BCI selected a winning bidder last year and one would have expected the system to be up and running at this stage. However, this has not occurred and it will require RTE and the BCI to enter into separate contract negotiations with Onevision, the second consortium on the list. While the economic conditions are difficult, I have pointed out on Question Time and elsewhere that the economic case is strong for such an investment in DTT, particularly for some of the companies involved in that consortium. I am not as sceptical as Deputy Coveney that these contractual arrangements will not be agreed. While I am not involved directly, I am confident suitable arrangements will be made and we can proceed with the switch-on of digital services with a combination of free-to-air services and a commercial mix of channels.

One reason for the change in the deadline is that we cannot be exactly certain of the date for this switch-over. It is not very bright to tie ourselves legislatively to a particular date. As stated earlier, we should not tie ourselves to certain technologies in the legislation because they change. Similarly, I do not want to be tied down legislatively to the switch-over. There is still a mechanism in the legislation to mandate RTE to ensure the switch-over from analogue to digital in 2012. While it is a tight timeline, I am confident we will achieve this transfer.

Deputy Simon Coveney: Will the Minister accept that the whole DTT project will collapse financially because of the absence of a commercial DTT operator on the three remaining multiplexes? Why would anyone pay to switch over to DTT to get a public service digital product when the channels are already free on the analogue system? Why are we forcing RTE to spend a fortune to do this? Until Onevision, or some other company, is nailed down to provide the 25 commercial DTT channels, RTE is being placed in a precarious position of providing DTT and its multiplex even though no one will avail of it.

This is in addition to providing the cost of analogue until a switch-off is required

---

An Ceann Comhairle: Deputy Coveney’s time has expired.

Deputy Simon Coveney:

---

as well as the infrastructural costs and so on. I understand what the Minister must do in respect of these amendments because of the uncertainty that now exists. However, I stress that in the absence of getting a commercial operator in place for DTT, the entire project begins to fall flat in its face. If the One Vision proposal is not going to produce a result, we must face up to that, move on quickly and find another result that will secure a commercial operator for DTT.

An Ceann Comhairle: Amendment No. 111 in the name of

---

Deputy Eamon Ryan: May I respond? We will switch off in 2012 and RTE needs to know that. It needs to know the Government is firm and committed to that date and it must begin to prepare for this certainty. Yes, in the event of not making a commercial agreement with One Vision, the Government will move to an alternative system. Come what may however, the analogue system is being switched off in 2012. This is the reason RTE must know that and must begin to working towards that date with real certainty, which is what is being provided in the legislation.

Deputy Simon Coveney: It does not have the money to do it. While that is all well and good, there are cost implications.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 113:

In page 131, to delete lines 1 to 22 and substitute the following:

”(i) ensure that the national television multiplex referred to in paragraph (a) is established as a matter of priority, and—

(I) on such date as may be specified by the Minister by order, is operational and available free-to-air to approximately 90 per cent of the population, and

(II) by 31 December 2011, or such later date as may be specified by the Minister by order, is operational, available free-to-air and capable of providing coverage to the same extent as is, on the passing of this Act, available by free-to-air analogue means,

and

(ii) at the request of the Minister, report to the Minister on its progress in relation to the activities set out in subparagraph (i).

(c) RTÉ shall take steps to promote the availability of equipment capable of receiving, identifying, decoding and displaying a national television multiplex operated by RTÉ under section 114(1)(i).

(d) Nothing in this subsection precludes RTÉ from making provision in a multiplex established, maintained and operated by RTÉ under section 114(1)(i) for the broadcasting by digital means of programme material and related and other data other than that broadcast as part of a service specified in paragraph (a).

(e) Without prejudice to the requirements of this section, RTÉ may, with the consent of the Minister, the Minister having consulted with the Authority, in respect of the use of spare capacity on a multiplex established, maintained and operated by RTÉ under section 114(1)(i), broadcast programme material in pursuance of its exploitation of commercial opportunities object.”.

Amendment agreed to.

Deputy Eamon Ryan: I move amendment No. 128:

In page 142, between lines 15 and 16, to insert the following:

”(9) The Minister, for the purpose of ensuring a smooth and efficient interchange between the provision of analogue and digital television services in the context of analogue switch-off, shall have the power by himself or herself, or in conjunction with any other person, to—

(a) promote cooperation and coordination between broadcasters, multiplex contractors and other interested parties in relation to analogue switch-off,

(b) commission research on matters relating to analogue switch-off,

(c) promote public awareness and the dissemination of coordinated information to the public in relation to analogue switch-off, and

(d) operate, manage or sponsor, whether in whole or in part, measures, aimed at alleviating the effects of analogue switch-off on classes of communities or persons adversely affected.

(10) The Minister has all such incidental, supplemental, ancillary and consequential powers as are necessary or expedient for the purpose of the exercise by him or her of the above powers.

(11) The Minister may, after consultation with the Authority, the Communications Regulator, RTÉ and such other persons (if any) as he or she considers appropriate, by order—

(a) confer on the Authority, the Communications Regulator or RTÉ such additional functions connected with preparation for analogue switch-off, as the Minister considers appropriate, subject to the conditions (if any) that may be specified in the order, and

(b) make such provision as he or she considers necessary or expedient in relation to matters ancillary to or arising out of the conferral of those additional functions.

(12)

(a) An order made under subsection (11) shall be laid before each House of the Oireachtas as soon as practicable after it is made.

(b) Either House of the Oireachtas may, within 21 sitting days after the day on which an order was laid before it in accordance with paragraph (a), pass a resolution annulling the order.

(c) The annulment under paragraph (b) of an order takes effect immediately on the passing of the resolution concerned, but does not affect anything that was done under the order before the passing of the resolution.”.

Amendment agreed to.

Broadcasting Services.

13. Deputy P. J. Sheehan asked the Minister for Communications, Energy and Natural Resources the progress regarding the negotiations between a consortium (details supplied) and the Broadcasting Commission of Ireland in relation to a contract to provide commercial digital terrestrial television here; and if he will make a statement on the matter. [24117/09]

21. Deputy Fergus O’Dowd asked the Minister for Communications, Energy and Natural Resources if he is satisfied that RTÉ has the capacity to roll out a full digital terrestrial television infrastructure by the end of 2009 due to funding challenges; and if he will make a statement on the matter. [24124/09]

49. Deputy Liz McManus asked the Minister for Communications, Energy and Natural Resources if the digital terrestrial television contract with a company (details supplied) has been finalised; if not, the timeframe for the signing of the contract; if he is satisfied that the rollout of DTT will happen in a timely manner; when he expects the completion of the DTT project; and if he will make a statement on the matter. [24050/09]

Minister for Communications, Energy and Natural Resources (Deputy Eamon Ryan): I propose to take Questions Nos. 13, 21 and 49 together.

The Broadcasting (Amendment) Act, 2007 provides for the Broadcasting Commission of Ireland (BCI) to licence commercial DTT operators, as a matter of priority. The BCI is an independent body and I have no role in its licensing process.

The 2007 Act also provides for RTÉ to establish a free to air national DTT service to replace the existing analogue terrestrial services offered by RTÉ, TG4 and TV3, as a matter of priority. There is no requirement on RTÉ to complete this work in 2009.

In relation to funding, the Act provides that the establishment and operation of the RTÉ national DTT service can be funded from licence fee monies.

The rollout of DTT infrastructure is well advanced and RTÉNL has already built a network which includes the main transmitter sites in Ireland. This represents the central component of their build plan. The remaining build work will largely involve upgrading the country’s minor transmitter sites to provide “infill” coverage and to ensure that outlying areas in the West, North, North West and South of the country, those areas most reliant on the analogue terrestrial service, are also served by DTT.

I am confident that the DTT network will be built in time for the switch off of the analogue television services in 2012.

scath wrote: »

very good posts. Now we know where things are headed, I got an email back from the Minister that the DTT promotion side is really a matter for RTÉ now and that his focus then is really on ASO issues and has set up a working group on it. I can see why RTÉ are being put involved in the set top boxes. This seems like an insurance policy in case the commercial DTT side falls through in which case you will have a UK DTT type scenario of FTA DTT followed by later Pay DTT. Shortage of money is the big problem for everyone.

139.—
(7) The Authority shall from 1 July 2009 until the analogue
switch-off date or dates provide information to the public in respect
of the reception of television services by means of a multiplex and
the reception equipment necessary to receive such television
services.
(8) In fulfilling its obligations under subsection (7) the Authority
may consult with multiplex contractors, public service broadcasters,
the television programme service contractor and the manufacturers
and retailers of such reception equipment.

130.—
(c) RTÉ shall take steps to promote the availability of equipment capable of
receiving, identifying, decoding and displaying a national television
multiplex operated by RTÉ under section 114(1)(i).

139.—
(6) RTÉ shall take steps to ensure that all viewers of services
referred to in paragraphs (a) and (b) of subsection (2) provided by
analogue means are made aware, of the analogue switch-off date or
dates, the reasons for it or them, the consequences, and practical
information on how such viewers can receive such services by digital
means after that date or those dates.

(9) The Minister, for the purpose of ensuring a smooth and efficient interchange
between the provision of analogue and digital television services in the context of
analogue switch-off, shall have the power by himself or herself, or in conjunction
with any other person, to—

(c) promote public awareness and the dissemination of coordinated
information to the public in relation to analogue switch-off, and

(11) The Minister may, after consultation with the Authority, the Communications
Regulator, RTÉ and such other persons (if any) as he or she considers appropriate,
by order—

(a) confer on the Authority, the Communications Regulator or RTÉ such
additional functions connected with preparation for analogue switch-off,
as the Minister considers appropriate, subject to the conditions (if any)
that may be specified in the order, and