Press Releases 2006

BCI welcomes Supreme Court ruling on award of

Alternative Rock music licence

6th April 06

The Broadcasting Commission of Ireland (BCI) has today (April 6 th) warmly welcomed the decision of the Supreme Court to dismiss the appeal against a ruling of the High Court, regarding the award of a licence to Dublin Rock Radio Limited (trading as Phantom FM), for the provision of an Alternative Rock Music Service for Dublin City and County.

In a judgment issued earlier this morning in the Supreme Court, the appeal by Scrollside Ltd. (trading as Zed FM) of the High Court’s judgment was rejected by a majority of two to one. The judgment, delivered by the Hon Mrs. Justice Susan Denham, and supported by the Hon. Mr. Justice Brian McCracken, dismissed all the grounds of appeal and the order of the High Court was affirmed.

The Supreme Court was satisfied that the Commission considered the issue of character in the context of Phantom’s previous record of illegal broadcasting and that this was not in issue. It further found that the BCI policy of encouraging the cessation of illegal broadcasting and accepting applications from illegal operators, provided they had ceased illegal broadcasting prior to the application being made, was entirely consistent with the objectives of the 1988 Act. The policy was not irrational and is the type of decision that a specialist body might arrive at in light of all the circumstances in the industry. Furthermore, the Court found that there was no evidence of favouring Dublin Rock Radio and no advantage was given to the consortium, arising out of the illegal broadcasting experience of some of its members, by the BCI. On the issue of prejudgment, the Court found that the BCI’s treatment of the applications received from both Zed FM and Phantom FM was objective and impartial and that there was a balanced appraisal of both bids.

BCI Chief Executive Michael O’Keeffe commented “The BCI is very pleased with today’s outcome. We have consistently held that the process for the award of the licence was fair, open and transparent and that the best applicant, Phantom FM, was awarded the licence. We now look forward to re-establishing contract negotiations with Phantom FM, with a view to providing Dublin listeners with an alternative rock music service. Further details regarding progress on negotiations will be announced in due course”.

-Ends-

For further information please contact:
David Martin                                             or                     Aoife Clabby
Fleishman Hillard                                                                  BCI
01 6188462 or 086 8114785                                              01 6441200