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Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha Department of Communications, Energy and Natural Resources Consultation Document New RTÉ Service Proposals Date: 12 th November 2010 Contents 1 Introduction............................................................................................................1 2 Responding to the Consultation.............................................................................3 3 Legislation..............................................................................................................4 4 RTÉ Proposal for new services..............................................................................6 4.1 Introduction......................................................................................................6 4.2 RTÉ Two HD Select........................................................................................8 4.3 RTÉ News Now...............................................................................................9 4.4 RTÉjr .............................................................................................................10 4.5 RTÉ Plus........................................................................................................11 4.6 RTÉ Aertel Digital.........................................................................................12 4.7 Technical Information re digital Terrestrial Television Services ..................13 5 Request for Comments on the RTÉ Proposals.....................................................14 Annex 1 Section 114 of the Broadcasting Act 2009............................................17 Annex 2 Description of Services/Channels as Provided by RTÉ ........................20 2 1 Introduction RTÉ, the public service broadcaster, has sought the permission of the Minister for Communications, Energy and Natural Resources to introduce new RTÉ digital TV channels and related services for its new digital ‘free to air’ network. The aim of this document is to consult with interested parties and to seek views on the RTÉ proposals. RTÉ is currently building a new national digital TV network to enable the existing national TV channels – RTÉ1, RTÉ Two, TG4 and TV3 - to be made available on a ‘free to air’ digital platform. This digital service launched to 90% of the population on 29 th October 2010. This network, which RTÉ plans to develop over both a terrestrial (98%) and a satellite platform (100%) to eventually cover 100% of the country, is expected to replace the existing analogue terrestrial network when it is switched off in Q4 2012. The analogue network is operated by RTÉ Transmission Networks Limited, a wholly owned subsidiary of RTÉ. Digital technology is more efficient than analogue and as a result there is space on the new digital networks for additional services – more TV and radio channels and information services. In this regard, RTÉ has identified an opportunity to introduce a new digital teletext service, a 24 hour news channel, a High Definition (HD) version of RTÉ Two, a dedicated channel for children under 6 years old and a channel repeating peak hour RTÉ1 programmes 1 hour later. RTÉ has also indicated that, after an initial period of testing, they will make these services available to other pay digital television network providers in accordance with Section 77 of the Broadcasting Act 2009 which deals with ‘must carry’ and ‘must offer’ obligations. 1 Section 103 of the Broadcasting Act 2009 provides the Minister for Communications, Energy and Natural Resources with responsibility to consider requests by RTÉ or TG4 for new channels and services and to make a determination on whether to consent to these channels. As part of this process the Minister is required to: 1. consult with the broadcaster concerned and other persons, as he sees fit; 2. consult with the Broadcasting Authority of Ireland (BAI) as to the sectoral impact 1 of the proposals; 3. consider the public value of the proposals; and 4. publish a statement outlining the consultations that have taken place and indicating a place at which any documents given to the Minister in the course of the consultation may be inspected. Prior to his consideration of the public value of the RTÉ proposals, the Minister has decided to publicly consult on the proposals. 1 The BAI is currently consulting with industry in relation to the sectoral impact of the proposals and will report to the Minister on this. This consultation will not consider sectoral impact. 2 2 Responding to the Consultation The consultation period will run from 12 th November 2010 to 10 th December 2010. Written comments must include contact details of respondents and should be marked “Response to RTÉ New Service Proposals Consultation”. These can be submitted electronically (preferably) or in hard copy before 5.00 p.m. 10 th December 2010, to: “Response to RTÉ New Service Proposals Consultation” Ms Aoife McQuillan Broadcasting Division Department of Communications, Energy and Natural Resources, 29-31 Adelaide Road, Dublin 2 E-mail: [email protected] It would be helpful when responding if you would make specific reference to the questions raised in Section 5 of this document. Please note In order to promote openness and transparency the Department of Communications, Energy and Natural Resources (DCENR) intends to publish all respondents’ responses to this consultation. DCENR appreciates that many of the issues raised in this paper may require respondents to provide confidential information if their comments are to be meaningful. It is DCENR policy to make all responses available on its web-site and for inspection generally, so respondents to consultations are requested to clearly identify any confidential material and place confidential material in a separate annex to their response. If the Minister is satisfied that information provided is commercially sensitive and that its disclosure is not necessary for the public understanding, he may omit the document or part of document from public inspection. 3 3 Legislation In 2009 new broadcasting legislation - the Broadcasting Act 2009 - was enacted in Ireland. This Act provides a framework for the regulation of broadcasting in Ireland and replaces, updates and consolidates previous broadcasting legislation. A copy of this Act can be downloaded from the Department’s website http://www.dcenr.gov.ie/Broadcasting/ . In particular, the Act sets out the duties to be performed by RTÉ and TG4 in respect of their roles as public service broadcasters. The Act also sets out the role of the Broadcasting Authority of Ireland in regulating the broadcasting industry in Ireland. Section 114 of the Act sets out RTÉ’s principal objects and associated powers. These objects are required to be carried out by RTÉ in fulfilment of its role as Ireland’s main public service broadcaster. In particular, RTÉ is required to provide a ‘free to air’ TV and radio broadcasting service to the whole island of Ireland. Section 114 also provides for RTÉ to establish a digital terrestrial television service. For reference, Section 114 of the Broadcasting Act 2009 is at Annex 1. Part 8 of the 2009 Act specifies the role of RTÉ in the development of a new national ‘free to air’ digital broadcasting service. This service is required to replace the existing analogue television network which is operated and maintained by RTÉ Transmission Networks Limited (RTÉNL), a wholly owned subsidiary of RTÉ and which provides ‘free to air’ reception of the 4 national TV services – RTÉ 1, RTÉ Two, TG4 and TV3. The analogue network is nearing obsolescence and, as with the national broadcast networks in other European countries, is being upgraded to digital. In developing the new digital service, the legislation provides for RTÉ to be licensed for sufficient spectrum for 1 multiplex with an option for a second multiplex, subject to capacity requirements. A multiplex is effectively a pipe, through which the TV channel and other content are carried. Each multiplex can carry 8-10 standard definition TV channels or 3-4 high definition TV channels. 4 Under legislation, RTÉ is required to provide space on its digital TV service for: 1. The existing free to air TV channels - RTÉ1 and RTÉ Two, TG4 and TV3; 2. If required by the Minister, an Oireachtas Channel and an Irish Film channel; 3. The Minister may also request other channels of a public service nature to be carried. 4. The Act also permits RTÉ to provide space on the digital service for other new RTÉ channels and service, as appropriate or for commercial TV channels. Section 103 of the Broadcasting Act provides that, where RTÉ (or TG4) wishes to offer new TV channels or services, it must seek the approval of the Minister. Section 103 also sets out the process to be undertaken by the Minister. This process provides for the Minister, in respect of the proposed new services/channels, to: 1. consult with the broadcaster concerned and other persons, as he sees fit; 2. consult with the Broadcasting Authority of Ireland as to the sectoral impact of the proposals; 3. consider the public value of the proposals; and 4. publish a statement outlining the consultations that have taken place and indicating a place at which any documents given to the Minister in the course of the consultation may be inspected. 5 4 RTÉ Proposal for new services 4.1 Introduction This section summarises the new digital services being proposed by RTÉ. Annex 2 contains the RTÉ document describing these services. The new RTÉ digital terrestrial service and
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