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FOI-Decision-2917 DM.Pdf #2917 BAI Schedule of Records: Summary of Decision-Making Description of “I request copies of the licensing applications made by Newstalk, Today FM and 98FM through the fast-track application process in accordance with Section 67(3) of the Broadcasting Act 2009.” the request: Brief Description of Any Attachments? Grant / Refuse / No Date of Record: Relevant Section of Legislation Record Edited? / Identified sections for Deletion? Record If so, please list. Partial Grant/Defer Redactions were made to the document where they related to exemptions applicable to the FOI Act sections 1 19-Mar-13 Fast-track proposal form - 98FM n/a Partial Grant 30(1)(a), 35(1)(a), 36(1)(b), 37(1) 30 - Functions and Negotiations of FOI bodies; 35 - Information obtained in confidence, 36 - Commercially sensitive information; 37 - Personal Information. Redactions were made to the document where they related to exemptions applicable to the FOI Act sections 2 12-Apr-16 Fast-track proposal form - News 106 imited n/a Partial Grant 30(1)(a), 35(1)(a), 36(1)(b), 37(1) 30 - Functions and Negotiations of FOI bodies; 35 - Information obtained in confidence, 36 - Commercially sensitive information; 37 - Personal Information. News 106 Limited - Confidential appendices: n/a Appendix 4: Clause 3.2 Statement Redactions were made to the document where they Appendix 5: Certificate of the Secretary related to exemptions applicable to the FOI Act sections 3 12-Apr-16 Appendix 6: Financial statements and assumptions Partial Grant 30(1)(a), 35(1)(a), 36(1)(b), 37(1) 30 - Functions and Negotiations of FOI bodies; 35 - Appendix 7: Salaries Information obtained in confidence, 36 - Commercially sensitive information; 37 - Personal Information. Refusal due to exemptions applicable to the FOI Act News 106 Limited: sections 30 - Functions and Negotiations of FOI bodies; 4 12-Apr-16 Director's Report and Financial Statements for the year n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - ended 31 December 2011 Commercially sensitive information. Refusal due to exemptions applicable to the FOI Act News 106 Limited: sections 30 - Functions and Negotiations of FOI bodies; 5 12-Apr-16 Director's Report and Financial Statements for the year n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - ended 31 December 2012 Commercially sensitive information. Refusal due to exemptions applicable to the FOI Act News 106 Limited: sections 30 - Functions and Negotiations of FOI bodies; 6 12-Apr-16 Director's Report and Financial Statements for the year n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - ended 31 December 2013 Commercially sensitive information. Refusal due to exemptions applicable to the FOI Act News 106 Limited: sections 30 - Functions and Negotiations of FOI bodies; 7 12-Apr-16 Director's Report and Financial Statements for the year n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - ended 31 December 2014 Commercially sensitive information. 8 08-Apr-16 2rn Confirmation of request re: Newstalk Broadcast Sites n/a Grant n/a n/a Redactions were made to the document where they related to exemptions applicable to the FOI Act sections 9 12-Apr-16 Newstalk Transmission Equipment list n/a Partial Grant 30(1)(a), 35(1)(a), 36(1)(b) 30 - Functions and Negotiations of FOI bodies; 35 - Information obtained in confidence, 36 - Commercially sensitive information. Refusal due to exemptions applicable to the FOI Act sections 30 - Functions and Negotiations of FOI bodies; 10 12-Apr-16 Newstalk Predicted Coverage Map Composite Coverage n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - Commercially sensitive information. #2917 BAI Schedule of Records: Summary of Decision-Making Description of “I request copies of the licensing applications made by Newstalk, Today FM and 98FM through the fast-track application process in accordance with Section 67(3) of the Broadcasting Act 2009.” the request: Brief Description of Any Attachments? Grant / Refuse / No Date of Record: Relevant Section of Legislation Record Edited? / Identified sections for Deletion? Record If so, please list. Partial Grant/Defer Refusal due to exemptions applicable to the FOI Act sections 30 - Functions and Negotiations of FOI bodies; 11 12-Apr-16 Newstalk Predicted Coverage Map Best Server Monophonic n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - Commercially sensitive information. Redactions were made to the document where they related to exemptions applicable to the FOI Act sections Today FM Fast-track proposal form for a National Broad- 12 12-Sep-16 n/a Partial Grant 30(1)(a), 35(1)(a), 36(1)(b), 37(1) 30 - Functions and Negotiations of FOI bodies; 35 - format Sound Broadcasting Service Information obtained in confidence, 36 - Commercially sensitive information; 37 - Personal Information. Refusal due to exemptions applicable to the FOI Act sections 30 - Functions and Negotiations of FOI bodies; 13 12-Sep-16 Today FM Financial Details n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b) 35 - Information obtained in confidence, 36 - Commercially sensitive information. Refusal due to exemptions applicable to the FOI Act sections 30 - Functions and Negotiations of FOI bodies; 14 12-Sep-16 Today FM Salary Details n/a Refuse 30(1)(a), 35(1)(a), 36(1)(b), 37(1) 35 - Information obtained in confidence, 36 - Commercially sensitive information; 37 - Personal Information. 15 12-Sep-16 Today FM Secretary's Certificate n/a Grant n/a n/a Today FM Revised Statement Pursuant to Clause 3.2 (Statement outlining the manner and degree to which 16 12-Sep-16 n/a Grant n/a n/a Relevant Persons have Substantial Interests in the Contractor) Redactions were made to the document where they related to exemptions applicable to the FOI Act sections 17 12-Sep-16 Today FM Transmission Equipment list n/a Partial Grant 30(1)(a), 35(1)(a), 36(1)(b) 30 - Functions and Negotiations of FOI bodies; 35 - Information obtained in confidence, 36 - Commercially sensitive information. 18 29-Aug-16 2rn Confirmation of request re: Today FM Broadcast Sites n/a Grant n/a n/a Fast-track Proposal Form Music-driven Local Sound Broadcasting Service, Targeting 25 – 44 Year Olds, for Dublin City & County Read the Guide to Submissions for a Contract for a Music-driven local sound broadcasting service, targeting 25 – 44 Year Olds, for Dublin City & County under the Fast-track Application Process (“Guide”) published on the Broadcasting Authority of Ireland’s (BAI) website www.bai.ie before completing this Fast-track Proposal Form (“the Proposal”). The Guide details the requirements for the Proposal. Complete the Proposal in its entirety. Incomplete submissions will not be considered as a valid Proposal. When completed, print and sign the Proposal and scan and then e-mail the file through to the BAI as one PDF document, no larger than 8MB in size. Please ensure that appendices are attached in either the same file and/or attached files and clearly marked. By submitting this proposal you are acknowledging: that you have read and understood the Guide published on the BAI’s website; that you consent to negotiating the terms of the sound broadcasting contract for a music-driven local sound broadcasting service, targeting 25 – 44 year olds; and, that you consent to your Proposal being made public. The completed form must be submitted by 12 noon on Tuesday, 19th March 2013. The relevant e- mail address is [email protected] Certificate of Incorporation for Radio 2000 In response to Section 2.4 Section 3.2 for Radio 2000 In response to Section 3.2 SOUND BROADCASTING CONTRACT DATED 28TH NOVEMBER 2003 BETWEEN BROADCASTING COMMISSION OF IRELAND AND THE CONTRACTOR (“CONTRACT”) REVISED STATEMENT PURSUANT TO CLAUSE 3.2 RADIO 2000 LIMITED A. General 1. The provisions of Section 1.0 of the Contract (Interpretation) shall apply to this statement. 2. In this statement I say that a person owns X% of a company when he may at a meeting of such company’s shareholders cast X% of the votes which may be cast at such meeting (rounded to one decimal place). 3. With the agreement of the Commission I have in this statement made no disclosure in Part B concerning any Relevant Person who is a Relevant Person only because he has a Substantial Interest in the Contractor. 4. With the agreement of the Commission I have not made a disclosure in relation to Relevant Person who is only a Relevant Person by virtue of an activity which is carried on only outside the State. B. The manner and degree to which Relevant Persons have interests in the Contractor is as follows:- 1. Denis O’Brien has a Substantial Interest in the Contractor because he owns 100% of Communicorp Group Limited, which owns 82.81% of European Radio Corporation Limited, which owns 100% of the Contractor. 2. Denis O’Brien is a Relevant Person because he owns :- (i) 29.88% of Independent News & Media plc, which publishes newspapers and a magazine; and (ii) 100% of Communicorp Group Limited (“Communicorp”), which has the interests which are set out in Clause 3 below. 3. Communicorp owns:- (i) 100% of Communicorp Investments Limited, which owns 100% of Radio Ireland Limited trading as Today FM, which is a terrestrial radio broadcaster; (ii) 80% of Ireland’s Communication & Advertising Network Limited trading as ICAN, which is an advertising agency producing advertisements broadcast in the State, and it acts as a media buyer in respect of the broadcast of advertisements in the State; (iii) 55% of Spin South West Limited, trading as Spin South West, which is a radio broadcaster; (iv) 33.5% of Dublin Rock Radio Limited, trading as Phantom, which is a radio broadcaster.
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