Minister Carey Issues Consent for New RTÉ Services

Dublin, 23 February 2011


Minister for Communications, Energy and Natural Resources, Mr Pat Carey, today announced his decision in relation to the new television services being proposed by RTÉ in the context of the rollout of the Public Service ‘Free to Air’ Digital Terrestrial Television (DTT).


Minister Carey said, “As a result of a thorough examination of the RTÉ proposals, which included a public consultation process on the public value of the proposals and a sectoral impact assessment, I have approved, subject to certain conditions laid down in my decision, the following new RTÉ services:

RTÉ Two High Definition (HD) Select
RTÉ Aertel Digital
RTÉjr
RTÉ Plus (Phase 1)
RTÉ News Now


The Minister extended his thanks to the respondents to the consultation process and to the Broadcasting Authority of Ireland (BAI) for their analysis of the sectoral impact on the proposals. “The responses received to the public consultation process informed my decision and it was very encouraging to see the level of interest in this statutory process with 29 respondents from the public, representative bodies and from the broadcast industry.”


The Broadcasting Act 2009 requires the Minister for Communications, Energy and Natural Resources to undertake a detailed review of any new services or channels proposed by either RTÉ or TG4 prior to granting consent. The Act sets out a range of issues to be considered in analysing the public value of any proposals. It also requires the Broadcasting Authority of Ireland (BAI) to carry out a sectoral impact assessment of proposed new services to assess the impact of these services on the broader broadcast and media sector.


Minister Carey added, “These additional 5 channels will give increased choice to TV viewers throughout Ireland over all platforms including the national ‘free to air’ Saorview DTT network which is currently being rolled out by RTÉ.”


The Minister’s decision and other documentation containing the submissions received are available on the Department’s website, www.dcenr.gov.ie/Broadcasting.


On the Saorview DTT network, the Minister added, “The national ‘free to air’ Saorview DTT network is currently being rolled out by RTÉ and this decision will ensure that the channels are available in time for the national launch of the service in May of this year. The Saorview DTT network will replace the existing analogue TV network when this closes in Q4 2012 and this target date remains on track. Consideration of the issues of information and assistance for TV viewers affected by analogue switch-off is being advanced”.





Notes for Editor


RTÉ’s new digital network, Saorview, which is currently operating on a trial basis and is planned to launch nationally in May 2011, can carry more services than the current analogue TV network. This provides RTÉ with an opportunity to offer new services to the Irish public. Additional information on the Saorview DTT network is available from RTÉ at www.saorview.ie


The procedure for assessing new RTÉ and TG4 services and channels is carefully set out in national and EU law. Section 103 of the Broadcasting Act 2009 requires the Minister’s consent for all new services and channels and sets out the procedures to be followed in analysing the public value of these services and channels and which must be conducted before any such consent can be granted.


In November 2010, the Department of Communications, Energy & Natural Resources launched a public consultation seeking views on the public value of the new RTÉ service proposals. There were 29 respondents to this consultation process from a wide range of people, representative bodies and media industry groups.



Minister’s Decision


The Minister’s Decision; a document which amalgamates the submissions to the public consultation; and other submissions which informed the decision are available on the website, www.dcenr.gov.ie .


In summary the Minister’s decision, and the conditions attaching to that decision, are as follows:


The Minister has decided to consent to the following channels and services:

RTÉ Aertel Digital,
RTÉ Two HD Select, (working title)
RTÉ News Now,
RTÉjr, and
RTÉ Plus (working title) Phase 1 only.


This consent is subject to the following conditions:


Conditions attaching to Specific Channels


1. RTÉ Two HD Select channel is required to be carried on the second multiplex;


2. The knowledge gained from technical trialling of the HD channel will be shared with other broadcasters;


3. RTÉ should aim to provide for full HD versions of RTÉ One and RTÉ Two as soon as practicable and by mid 2013 at the latest;


4. The RTÉjr/RTÉ Plus channel shall be carried on the first multiplex until 1 September 2011 and from 1 September 2011 shall be transferred to the second multiplex;


5. No advertising is permitted on the RTÉjr or RTÉ News Now channel;


6. In respect of RTÉjr and RTÉ News Now, RTÉ shall review Phase 2 of these channel proposals on foot of the suggestions set out in the public consultation in order to further enhance the public value of the channels.


7. RTÉ Plus: Phase 1 only is approved and for a period of 4 years only until February 2014.


General Conditions


1. Investment (comprising set up costs, operating costs (excluding broadcast charges and depreciation) and any other expenditure directly attributable to these channels) is limited to no greater than €8.3m over 5 years.


2. RTÉ must act so as to ensure the new services and channels are made available on all platforms as soon as practicable in accordance with the “must offer”/“must carry” obligations set out in the Broadcasting Act 2009;


3. RTÉ must ensure that the new services and channels (and the content provided thereon) are provided in compliance with RTÉ’s obligations under the Broadcasting Act 2009.


4. RTÉ must ensure that the new services and channels comply with all applicable accessibility rules and that, subtitling audio-descriptions services etc. are provided, regardless of the platform on which they are carried;


5. Because the RTÉ multiplexes are capable of carrying a large number of RTÉ and non-RTÉ channels, the Minister requires that the numbering of channels shall be designated on the basis of a set of principles and criteria to be developed by the Content Working Group of the Digital Switch-over Steering Group established by his Department and that such principles and criteria shall be subject to the approval of his Department in consultation with the BAI. In particular, these shall include the principles that priority in numbering is accorded to the four national ‘free-to-air’ television channels (i.e. RTÉ One, RTÉ Two, TV3 and TG4); and that non-RTÉ services shall not be unfairly discriminated against.


6. All the approved services and channels shall be reviewed by RTÉ within 4 years (i.e. no later than February 2014) and a report on these reviews shall be submitted to the Minister by June 2014 at the latest. This review shall, interalia, study the continuing need for these services and channels in light of technology and societal developments and the potential for enhancing the public service value of these services and channels.


7. Requests for substantial modifications to the approved services and channels will require the consent of the Minister under section 103 of the Broadcasting Act 2009.


7. RTÉ is required to submit a report to the Minister and the BAI on an annual basis, (by end February each year) detailing the development of the services and channels (e.g. viewership, service and channel enhancements) and how they are operating in accordance with the conditions set out above.



BAI Expressions of Interest Process


One of the immediate benefits of the introduction of Digital Terrestrial Television is the opportunity to provide additional channels and services on a ‘free to air’ basis to the public over and above those channels that are currently being provided on the existing analogue system (i.e. RTÉ One, RTÉ Two, TV3, TG4).


In addition to the new channels from RTÉ, there is a clear opportunity for the provision of additional non-RTÉ services. On this basis, the Minister has provided additional functions to the BAI (under SI 85 of 2011) to seek Expressions of Interest from the broadcast and media industry in regard to the provision of new or additional content on the Saorview system on a ‘free to air’ basis. The process will also examine the possibilities regarding the establishment of the proposed Irish Film Channel and the Houses of the Oireachtas Channel which are mentioned in the Broadcasting Act 2009.


The BAI will be initiating this process over the coming days and is expected to be in a position to report to the Minister on the outcome of this process in advance of the national launch of the Saorview service in May 2011.

http://www.dcenr.gov.ie/Press+Releases/Minister+Carey+Issues+Consent+for+New+RTÉ+Services.htm