Submissions to Public Consultation on New RTÉ Service Proposals

Roinn Cumarsáide, Fuinnimh agus Acmhainní Nádúrtha Department of Communications, Energy and Natural Resources

Publication Date: 23rd February 2011

Contents Page 1 Submissions ...... 4

2 Professor Paolo Bartoloni ...... 5

3 Seo O'Catháin...... 6

4 Comhluadar...... 12

5 Community Television Association...... 14

6 Conradh na Gaeilge...... 17

7 David Costigan...... 19

8 EIRCOM...... 20

9 FIG ...... 22

10 Football Association of Ireland...... 26

11 French Teachers Association of Ireland ...... 27

12 Gael Linn...... 28

13 Éamonn Geoghegan...... 29

14 Houses of the Oireachtas, Joint Administration Committee...... 33

15 ICTU ...... 34

16 Magnet Networks Limited...... 37

17 Grant Masterson...... 39

18 Alan Mc...... 40

19 Stephanie McGovern...... 41

20 National Disability Authority ...... 42

21 National Newspapers of Ireland (NNI)...... 51

22 Doireann O'Callaghan...... 57

23 RTÉ Audience Council...... 58

24 Dr Maria Scott ...... 59

25 Screen Producers Ireland ...... 60

2 26 Sky ...... 63

27 Mairéad Seery...... 68

28 Shane Smith ...... 69

29 TV3 ...... 70

30 UPC...... 85

3 1 Submissions 29 responses were received to the public consultation on New RTE service proposals. This document details these responses. Information marked as confidential is blocked out.

2 Professor Paolo Bartoloni

Ireland is now a multilingual country, and there is a very real need to give due recognition to the presence of other cultures and nationalities in the Republic. There is also a need to address the linguistic needs of Irish citizens in an ever more competitive global job market, and in the context of the acceptance of Ireland’s responsibilities as an EU Member State. The policy of the EU (Barcelona, 2002) is that every citizen should be able to speak his/her mother tongue plus two other languages. This means that all Irish people should be proficient in at least one other language as well as English and Irish.

(1) I do agree that the proposed additional / enhanced services will provide further value to the Irish public, if news in languages other than English and Irish is given some space on the proposed RTE News Now channel.

(3) On condition that a range of languages be represented on the News Now channel, then I believe that the new services could indeed be (3.2) a factor for social cohesion and integration of all individuals, groups and communities, (3.3) a source of impartial and independent information and comment, and of innovatory and varied content which complies with high ethical and quality standards, (3.4) a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals, and (3.5) an active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage.

(5) On condition that a range of languages be represented on the News Now channel, then I believe that the new channels/services will contribute to meeting the democratic, cultural, linguistic, educational and social needs of Irish society and of individual groups within Irish society.

3 Seo O'Catháin Please find enclosed my views in relation to the RTÉ New Service Proposals Consultation.I saw the link at http://www.boards.ie/vbulletin/showthread.php?t=2056090029, althought I periodically check the Dept website. Therefor it may be a good place to add info regarding consultations in the future.

Here are my views in relation to the Consultation. I would have liked to have given it more time and to provide references but time beat me to it.

1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland? Please support your response;

In general I do somewhat agree that these services will provide value to the Irish public although I would prefer to see some of these service proposals altered. RTÉ News Now has the potential to be useful to the Irish business and to the public in situations such as extreme weather conditions etc.. Additional and enhanced services will provide better value to the Irish public for the television license fee because they will offer more content and better picture quality and additional features such as EPG. Beyond that there is more potential were other features to be native to saorview such as programme communities, IP integration. There is no mention of this in proposals, it seems tried and tested is proposed rather than any new ground that would enhance the platform itself. Saorview has an advantage in the advent of emerging add-ons to DTT such as that provided by Yourview (formerly Project Canvas)-youview.co.uk. I don't see RTÉ proposals factoring in such innovations to make the platform as strong as possible and there is time I feel to do so.

Critical to this will be the marketing of these additional and enhanced services and whether there is enough dynamism and creativity in capturing the imagination as whether Saorview will be become an important platform or whether it becomes a minor part of the TV viewing landscape in the Republic of Ireland in my view. I would feel that the current proposed additional or enhanced services however may fall short on early adoption because of for example the lack of a parliament and Film Channel which could have come under RTÉ's emberalla much like TG4 previously was. Were these proposed then I would be much more sure of early adoption of DTT. However ASO will probably ensure DTT adoption through the process of necessity on the part of viewers who want to receive RTE without going the subscription route.

2. For each service, please indicate whether you consider the service assists RTÉ in pursuing its public service objects as detailed in Section 114 of the Broadcasting Act 2009 (Annex 1). Please provide reasons for your responses.

I consider that the services proposed somewhat fulfill public service objects as specified in Section 114 of the Broadcasting Act. However I have concerns as to whether RTÉ News Now will sufficiently fulfill 114 (L) as proposed though I note the

6 two phases for this channel. Unlike the proposed Oireachas Channel, RTÉ News can provide commentary and help keep viewers abreast of legislative and other developments beyond that of the very brief Oireachtas Report and this is what digital television offers, greater capacity for more services of benefit and relevance to viewers. Other News broadcasters such as Sky News and BBC News Channels provide templates for how such a channel can deliver on public service objects. I think the look of RTÉ News now in test format as it is currently would need to be abit more standard along the lines of BBC or Sky News channels so that they are easier to look at. Currently the sidebar at the the right is disproportionate in size to the overall picture. Modification to double ticker at the bottom would provide better viewer experience so that the picture is expanded at the side and the RTÉ News placeholder at bottom left as is in other channels.

With regards to RTÉ Plus, I do not consider that it has merit in pursing sufficient public value objects, because there are alternative more bandwidth effective alternatives such as the PVR functions on set top boxes that can store channels, this especially so given one multiplex is launching for the moment. Options that could be developed such as an Irish version of Youview which integrates DTT and IPTV (VOD) allows playback provide much better use of bandwidth. Therefore given capacity considerations I would not be in favour of nor supportive of this particular channel proposal.

I am in favour of RTÉ HD Select though not a limited RTÉ2 HD Select but as RTÉ HD Select will showcase better a wider range of programming be they current affairs, concerts or whatever not just sports in HD as Section 114 calls for and that such would better fulfill public service objects as outlined in section 114 of the Broadcasting Act 2009. I can understand the rollout though as being one of infrastructural considerations that determine how much content is HD (ie outplay facilities upgrade) and welcome the identification system that will differentiate for the viewer what programming is being broadcasting HD and what is upscaled or SD etc.

I believe that the current plans for RTÉ Jnr and TRTÉ are fragmented somewhat although content proposals and expansion of content are meritous of the public service objects in terms of education, culture and entertainment of the target segments of the population they are aimed towards as described in 114 of the Act .However looking at similar channels in the UK I can see the logic behind current plans but I would feel to RTÉ2 being transformed into full time channel without be more clear, incorporating archive and US programming than what is proposedand for the two RTÉ Childrens strands RTÉ Jnr and TRTÉ to become two dedicated part time channels with one of these replacing the RTÉ Plus channel while the other as proposed. I believe that the two childrens channels nightime schedule could involve Films and Oireachtas coverage respectively by RTE in co-operation with the Oireachtas and the Irish Film Board. so as to satisfy better public service objects under section 114.

3.1 a reference point for all members of the public, offering universal access;

I believe proposals are satisfactory as they will form part of new Televisions although Government may need to require clear identification requirements on retailers with regards to non-compatible IDTVs.

3.2 a factor for social cohesion and integration of all individuals, groups and communities;

I believe that DTT will provide for same better than ATT does and the proposals assist in this regard.

3.3 a source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards;

I believe that this one rests to a big extent with journalistic staff at RTÉ and that there have been improvements in the depth of analysis in recent times. The Broadcasting Act 2009 appears to make greater emphasis on this and the right of reply which is welcome

3.4 a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals;

I agree although more coverage of the oireachtas is essential to fulfilling this thus I would like to see greater empahsis by the RTÉ News Now channel on this and a digital teletext service for this channel that is based heavily on Oireachtas proceedings to assist in this. I believe that given the lack of an oireachtas channel that the news channel needs to fulfill this so the general public could contribute to the debate in a weekly programme devoted to proceedings.

3.5 an active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage;

Yes, would have been great were the Irish Film Channel brought into being. RTÉ could consider more European co-producations than at present around different aspects of culture which would fit in well with new European citizens that are living in Ireland now.

3.6 discharge of the Public Services Broadcasting remit via diverse platforms.

This is one where the proposal could do with further development ie integrate Saorview into a DTT-IP platform similar to Youview (UK) and incorporation of social media features such as Amigo TV etc. The must provide obligation across other platforms is naturally important for competition in the sector so this means that digital channels must not be DTT only as provided for in the Act.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how?

Naturally their costs will impact on public service provision in terms of resources available. However revenues generated should somewhat offset same. The design of the new channels is thus critical so as to maximise where possible revenue generation opportunities in terms of advertising, clear branding etc and tight audience demographic analysis and plan of each new digital channel.It must be remembered that digital channels are intended to be genre based whereas analogue channels are by their bandwidth limited nature catch all. I do not see this distinction clearly in RTE proposals. It is not reflected in what is done in other countries either. Advertising associated with RTE News now will help offset the high costs of news production, foreign news acquisition, correspondents etc. Partnership with other channels, be they competitiors like TV3 or a foreign news channel provider for example ITV or Sky would be beneficial in defraying the impact to the best extent on existing public service provision. I note the two stage process for RTÉ News Now is welcome aswell as the parliamentary proceedings feeds to be added.

As proposed they do not meet the needs of Irish society sufficiently. However with greater focus they can and will provide for Irish society and Irish communities outside of the island of Ireland.

5.2 Cultural needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland;

As currently proposed while it appears to somewhat meet those needs, some tweaking for instance what I have proposed in term of RTÉ2 becoming a full time channel where childrens moves off to replace RTÉ Plus, it would better meet culutral society and individual groups but at present it may not do so to a greater degree than at present.

5.3 Linguistic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland;

These do not appear to be served sufficiently by current proposals which seem to be hoping to cover just the current analogue aerial offering. One way to achieve this is to extend subtitling to other languages such as Polish, Estonian, Russian, Spanish, French. The Irish society now contains those from other countries that continue to live with us. By expanding subtitling and promoting it in Polish-Irish publications etc it can assist integration of these new members of society with us.

9 Otherwise it will be for TG4 to elaborate on its proposals on Irish speaking members of society.

5.4 Educational needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland and

These can be served with current programming and perhaps involvement with the 3rd level sector under the proposal I suggested within the RTÉ2. Currently there would be shortage of capacity due to RTE Plus.

5.5 Social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland.

Current proposals seem to satisfy these.

6. Your view on the extent to which the proposed channels/services will be accessible by the public.

They will be accessible by virtue of ASO and the purchase by member of the public of stb's or IDTVs. Subsidies currently be provided for following from the survey commissioned and budget allocated for 2011 for the Dept should satisfy the public accessibility requirement of channels and services.

7. Your view on the extent to which the proposed services will reach under served audiences.

I feel current proposals are well on the way towards reaching served audiences. I feel its just a matter of channel clarity rather than mishmash mixed channels is better. In particular I am talking about RTÉ2 and RTÉ HD.

Somewhat yes. But for instance RTÉ News Now should consider carrying Government Department Information that would be helpful to viewers regarding issues. DTT can enable this until the Oireachtas Channel is up and running. I think the proposals as outlined by RTÉ in section 5 of the consultation document provide for same. However programmes like http://news.bbc.co.uk/2/hi/programmes/click_online/default.stm if acquired by RTÉ with some contributions from Irish technologists from the universities would and programming around Irish 3rd level colleges would reaise the awareness of the general public regarding technologies.

9. Do you consider that the new services help contribute to media plurality? I think so

Why? Because the offer the viewer more content with a significant PSB element.

10 The response should make particular reference of the contribution of the proposal to the following aspects of media plurality;

(i) diversity of content, the proposal covers, High Definition, News, current affairs, sport, parliamentary affairs. These will also be provided by Tv3. Issues may arise around RTÉ Plus on the basis of capacity advantage over TV3 ie more channels on the platform from RTÉ. Where RTÉ seeks this then TV3 would be entitled to a channel similarly on the grounds of fairness and media plurality.

However I have concerns that no provision is made for space for a new channel on the platform for a new broadcaster such as City Channels if they so wished or someone else. Media plurality needs to be better addressed in the proposal and space should be made available for 1 channel from a new player to the market.

(ii) Diversity of ownership This is something addressed in (i) and there is a concern that the multiplex is weighted in favour of RTÉ currently to a great degree that weighs on TV3. Channels like RTÉ News now and RTÉ Kids channels however are PSB to a significant degree and therefore weigh back to balance media plurality.Diversity of ownership arises more on the basis of further multiplexes becoming available and relate more to the BAI muxes when tendered.

I warmly welcome the proposals and for the most part they are worthy of approval in my view with afew alterations

Ends

4 Comhluadar

Is grúpa tacaíochta do theaghlaigh, atá ag tógail a paistí le Gaeilge nó go dhátheangach, í Comhluadar. Táimid ag feidhmiú ar bonn uile Éireann agus táimíd maoinithe ag Foras na Gaeilge. Táimid ar an bhfód ó 1993 agus tá baill claraithe linn i ngach condae, idir Gaeltacht agus Galltacht.

Tagraím do na moltaí atá curtha faoi do bhráid maidir le seirbhís nua teilifíse digiteach; a mbeidh ar fáil ‘saor chun aer’.

Tá sé molta ag RTÉ cúig cainéil nua a sholáthar, ag cloí, de réir dealramh le aidhmeanna RTÉ faoin Acht Craolacháin 2009, roinn 114, ina measc seirbhís darbh ainm “RTÉjr” a mbeidh dírithe ar pháistí réamhscoile, ach go háirithe.

Faoi láthair tá an Rialtas ag ullmhú chun Stráitéis 20 Bliain a fhoilsiú, ina leagtar sprioc chun cur le líon na cainteoirí laethiúla Gaeilge. Beidh na cainteoirí seo ag teacht ón chéad glúin eile- na páistí sin ar a bhfuil “RTÉjr” dírithe, seirbhís Beárla amháin.

Feictear dúinn go bhfuil deis anseo dhá snaith de pholasaí rialtais a tharraingt le chéile. Faoi moltaí RTÉ, mar atá, níl ach seirbhísí Béarla á fhorbairt, cé go bhfuil sé luaite go sonrach in Acht Craolacháin 2009 go bhfuil sé mar chuid de chuspóirí RTÉ

“beidh aird aige ar leasanna agus ar chúraimí an phobail uile, coimeádfaidh sé i gcuimhne a riachtanaí atá an chomhthuiscint agus an tsíocháin ar fus oileán na hÉireann,cinnteoidh sé go léireoidh na cláir na hairíonna éagsúla dá bhfuil cultúr phobal oileán na hÉireann uile comhdhéanta, agus beidh aird ar leith aige ar na hairíonna a shainíonn an culture sin agus go háirithe ar an nGaeilge” ( Roinn 114.2. (a) Acht Craolacháin 2009 ).

Mar eagraíocht atá ag plé le teaghlaigh ar fud na tíre, tuigeann muid an tábhacht agus tionchar atá ag an dteilifís i saol agus forbairt leanaí. Ní fheictear dúinn go mbeidh dea-thionchar ar sholáthar seirbhís breise teilifíse, i mBeárla amháin, ar chuspóirí agus aidhmeanna an Stáit don Ghaeilge; ach a mhalairt. Táimíd go láidir den tuairim go ndéanfadh an seirbhís nua seo ‘RTÉjr’ dochair do sheirbhísí réamhscoile TG4 agus don Ghaeilge, chomh maith.

Dá bhrí sin molann Comhluadar sa chomhairlúchán poiblí seo gur seirbhís chuimsitheach réamhscoile agus leanaí i nGaeilge, ó TG4, a cheart a chur ar an DTT agus ní ceann eile Béarla le RTÉ, ach na hacmhainní breise is gá chuige sin a bheith ar fáil do TG4. D’fhéadfaí seirbhísí reatha TG4 (Cúla4 agus Cúla4 na nÓg) a fhorbairt mar rogha tarraingteach Gaeilge ar DTT, ach na hacmhainní is gá chuige a thabhairt dóibh.

Faoi láthair, faoi moltaí RTÉ bheadh 9 cainéil ar fáil tríd an chóras nua digiteach, 8 gcinn i mBeárla agus ceann amháin i nGaeilge. Ní fheictear dúinn go bhfuil cothromaíocht sa leagan amach sin do pobal labhartha na Gaeilge, iad siúd atá báúil don Ghaeilge agus do theaghlaigh gur mian leo go mbeadh teacht ag a leanaí ar

12 sheirbhísí Gaeilge. Tagann sé salach freisin ar pholasaí an Rialtais, cuspóirí an Stáit agus an tábhacht a leagtar ar an aos óg i Stráitéis 20 Bliain don Ghaeilge.

Táimíd den tuairim freisin go sáraíonn na moltaí cuspóirí RTÉ, mar atá leagtha amach san Acht Craolacháin 2009, 114.2 (a) agus 114.3 (a).

Iarraimíd ort ár moladh a thabhairt san áireamh sa chomhairlúchán poiblí seo agus táimid ar fáil chun bualadh leat chun iad a phlé níos mine.

5 Community Television Association

Response to RTE New Service Proposals Consultation

Attn: Ms Aoife McQuillan Broadcasting Division, Department of Communications, Energy and Natural resources, 29-31 Adelaide Road, Dublin 2

10th December 2010

We welcome the opportunity to place on record our response to the Consultation Document regarding RTE Services and the development of DTT and broadcasting in Ireland. We see DTT as providing great opportunities for the expansion of broadcasting services across Ireland and we think that there is a clear place for community television in this vista.

CTA is legislated for under the Broadcasting Act 2001 which introduced community television; Broadcasting (Funding) Act 2003 which commits “to develop local and community broadcasting”Section 3.1(f); and the Broadcasting Act 2009 which re- affirms both and also recognises community radio. Yet CTA still finds that we must ask that community broadcasting be included in plans for the development of broadcasting in Ireland. This is despite the acknowledgement that community media contribute enormously to to social cohesion - a view reinforced by the Declaration of the Committee of Ministers of the Council of Europe in 2009 “on the role of community media in promoting social cohesion and intercultural dialogue”(i). The latter is only one amongst a number of other calls at EU level for recognition of the need for resources to sustain the contribution of community media and reminding authorities that digitisation poses opportunities to address the deficit in this regard.(ii)

There is also ample evidence that community television by its very nature is one of the most obvious solutions to the problems posed in trying to ensure Diversity of Content and Diversity of Ownership (Question 9). Community channels depend on the diversity within the community to populate their schedule, the ethos that supports and develops community producers brings these diverse voices to the fore; the need for forms of production that meet the need of these groups also provides opportunity to develop innovative alternatives to mainstream production. The community television channel regards its community as the owners, producers, and beneficiaries of broadcasting; commercial media are generally controlled by a single legal majority

14 shareholder. Community media can have hundreds of 'owners' each with one vote. Furthermore, they comprise individuals and civil society actors, hence diversifying the nature of ownership beyond private, for profit entities.

There can therefore be no doubt that community television has, amongst its other characteristics, “the character of a public service”. We have noted that RTE may be requested by the Minister to carry channels of a “public service nature” (page 5) and we urge that community broadcasters be recognised for the unique contribution we make. Community broadcasting differs in a number of ways from the state broadcaster not only because it serves local communities and communities of interest, but because it engages with community at a developmental level through media production, supporting a holistic capacity in media literacy and bringing a range of benefits to the community including skills development, a means to find sustainable solutions to community issues, problem solving, and team building.

Community television is currently carried by law on cable; we have sought in all avenues that the principle of universal access be applied to community broadcasting and we now press our case for community television to be allocated space on DTT. There are currently three channels in Cork, Dublin and Navan doing trojan work with very few resources but these channels will be hampered in their development if they cannot expand their reach and meet the needs of all the communities within their remit. Unless community broadcasting is afforded carriage on DTT the real potential and gain to Irish society may be lost.

While we understand that the BAI is reviewing sectoral impact as per the footnote on page 2 of the document we would like to clarify that the BAI has not contacted the CTA in respect of any sectoral impact. Our members have contacted the BAI in this regard and have been informed that the BAI is not in fact conducting a public consultation, but a selective consultation. We also want to clarify that we are not submitting here an impact statement, rather our view of the possibilities that community could bring to the exciting experiment that DTT proffers.

As a national representative body for community television, CTA has engaged in discussion with RTE on a number of areas in which we feel we should collaborate; we consider that we are more appropriate partners for the State Broadcaster in fulfilling it's public service remit, than commercial channels. We urge that the consultations around the RTE services include community broadcasters as an essential part of broadcasting services that in a unique way meet community need, enhance media literacy, and build sustainability in Ireland.

Dr. Margaret Gillan Chairperson, CTA.

------1. Statement of the Council of Ministers, European Parliament on Community Media available at https://wcd.coe.int/ViewDoc.jsp?id=1409919)

2. MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION on public service broadcasting in the digital era: the future of the dual system (2010/2028(INI))

EU on public service broadcasting in the digital era: the future of the dual system (2010/2028(INI)) Committee on Culture and Education. Adopted 28.09.10 by EU cultural group.

31. Calls on the Commission to launch an initiative bringing together different media actors in order to help identify possible areas of cooperation, facilitate exchanges of best practice and address relevant issues; 32. Points out, in this context, that community broadcasters, especially in smaller communities, have problems with long-term financing (e.g. fromadvertising) and that there is potential here for using the new options made available by digitisation

16 6 Conradh na Gaeilge

Aighneacht Chonradh na Gaeilge chuig an Roinn Cumarsáide maidir le Seirbhísí nua Raidió Teilifís Éireann

10 Nollaig 2010

1. An aontaíonn tú go dtugann na seirbhísí breise seo luach níos mó do mhuintir na hÉireann agus tacaíocht bhreise d’fheidhmiú TDT in Éirinn? Mar gheall nach bhfuil aon rud luaite faoin nGaeilge sna seirbhísí breise seo, ní aontaímid go dtabharfaidh siad luach níos mó do mhuintir na hÉireann, pobal na Gaeilge ach go háirithe, idir chainteoirí líofa agus fhoghlaimeoirí. Dhéanfadh seirbhís réamhscoile, RTÉjr, mar atá molta, dochar do sheirbhís réamhscoile TG4. Tá seirbhís chuimsitheach réamhscoile agus leanaí i nGaeilge ag TG4 agus seachas dul in iomaíocht léi, ba cheart gach tacaíocht a thabhairt do TG4 an tseirbhís reatha a fhorbairt len é a dhéanamh níos tarraingtí mar rogha ar TDT, trí na hacmhainní cuí a chur ar fáil don tseirbhís reatha (cláir ar nós Cúla4 & Cúla4 na nÓg). Chun luach do mhuintir na hÉireann a ardú, ba chóir go mbeadh rogha idir Gaeilge agus Béarla do gach seirbhís ar TDT, ach go háirithe News Now, cluichí spóirt & Aertel Digital.

2. Do gach seirbhís, an gceapann tú go gcabhraíonn an tseirbhís le RTÉ ina chuspóirí seirbhíse poiblí a bhaint amach? Ní cheapaimid go gcabhraíonn. Ní na hailt seo a leanas á gcomhlíonadh: 2(a), 3(a), 3(b), 3(l) de Rannóg 114 den Acht Craolacháin 2009 leis na seirbhísí nua mar níl aon rud geallta maidir le leordhóthain seirbhísí Gaeilge a chur ar fail sna seirbhísí nua.

3.1 Pointe tagartha do gach éinne, le rochtain uilíoch? Níl pobal na Gaeilge idir chainteoirí líofa agus fhoghlaimeoirí curtha san áireamh sna seirbhísí nua molta. 3.2 Tosca do chomhtháthú agus imeascadh sóisialta do dhaoine aonair, grúpaí & pobail? Níl pobal na Gaeilge idir chainteoirí líofa agus fhoghlaimeoirí curtha san áireamh sna seirbhísí nua molta.

4. An gceapann tú go mbeidh tionchar ag costais agus ioncaim na seirbhísí molta ar sholáthar reatha seirbhíse poiblí? Ceapaimid go laghdóidh na costais nua an méid airgid a chaitear ar sholáthar seirbhíse poiblí TG4. Ní hamháin sin, ach beidh an iomaíocht ó sheirbhísí nua RTÉ an-ghéar mar gheall ar an méid airgid caite ar a bhforbairt agus déanfaidh sé dochar do líon úsáideoirí na seirbhíse ó TG4.

5. Riachtanais daonlathais, chultúrtha, theangeolaíochta, oideachais agus shóisialta shochaí na hÉireann, grúpaí aonair laistigh de shochaí na hÉireann, agus pobail Éireannacha lasmuigh den tír?

17 Níl na riachtanais thuasluaite do phobal na Gaeilge idir chainteoirí líofa agus fhoghlaimeoirí, in Éirinn agus i gcéin, curtha san áireamh sna seirbhísí nua molta. • Ba chóir go mbeadh céatadán ard de na cláir á sholáthar i nGaeilge. • Ba chóir go mbeadh éagsúlacht ag baint le hábhar na gclár a bhíonn á soláthar i nGaeilge. • Ba chóir go mbeadh céatadán de na cláir Ghaeilge á chraoladh ag buaic- amanna féachana / éisteachta. • Ba chóir go mbeadh céatadán faoi leith den cheol a sheinntear ina n-amhráin Ghaeilge. Ní hamháin go n-ardódh seo feasacht i measc an phobail faoi earnáil an cheoil Ghaeilge ach spreagfadh sé ceoltóirí na tíre chun amhráin a chumadh le liricí Gaeilge, rud nach gceapann ceoltóirí gur fiú dóibh a dhéanamh i láthair na huaire má tá siad ag iarraidh go mbeidh a n-amhráin craolta. • Ba chóir go mbeadh céatadán ard den tráchtaireacht ar na himeachtaí saor-le- craoladh á sholáthar i nGaeilge. Is féidir seo a dhéanamh chomh maith le córas cosúil leis an gceann in úsáid sa Bhreatain Bheag nuair a bhíonn rogha teanga sa tráchtaireacht ar fáil ar an stáisiún teilifíse. • Gá le seirbhísí craolacháin sa Ghaeilge a chothú a mheallfaidh an óige • Ba chóir go mbeadh tagairt sonrach don ról a bheidh le himirt ag na seirbhísí nua i Straitéis 20 Bliain don Ghaeilge 2010 – 2030.

18 7 David Costigan

Regarding the public consultation for new RTE service proposals. I feel that the proposed new digital TV services are not ambitious enough. Being a Sky HD customer has shown the huge potential that HD offers including enhanced viewing for sports, movies etc. I feel RTE must step up their ambition and include 3D TV as a medium / long term goal.

The proposed channels include one HD channel. We should be offering a HD version of both RTE1 and RTE2. We should have a movie / film channel which could double up as a sports channel to allow for more content to be shown. Also a '+1' version of both RTE channels is a basic requirement when virtually every UK station already has this.

I feel that the Aertel digital station offering 'enhanced digital teletext' is a step back when you consider Sky offer interactive services as part of their existing channels, not a dedicated teletext service.

The RTE News Now service is an excellent news channel allowing the public to view the news on a 24 hour basis and well placed to challenge the competitors including Sky News / BBC News 24 and the American 24 hour news channels.

Lastly RTE must look to launch the excellent RTE player on the DTT service by what means are available. That may mean allowing set top boxes to be connected to the internet. This is to allow RTE to stay ahead of the curve as I feel they have a real chance of missing the boat given that Sky are many years ahead of them in offering enhanced digital services.

19 8 EIRCOM 10 December 2010

Eircom welcomes RTE’s proposals to launch additional /enhanced non-commercial services on the new national digital TV network. We are of the view that, in principle, this will enhance the chances of a successful development of non-commercial Digital TV and should assist RTE in meeting its public objects as set out in the relevant legislation. Eircom has no specific comments regarding Questions 1 to 8 in the Consultation document. Question 9 Do you consider that the new services help contribute to media plurality --- with particular reference to (i) diversity of content and (ii) diversity of ownership? Diversity in the media is critical and all regulatory measures should include media plurality as a key objective. The proposed new channels from RTE clearly assist in establishing diversity in content; however, it is notable that the bulk of content to be offered in the five new channels is repackaged existing content or is existing content presented in a new format e.g. High Definition and enhanced digital teletext. The proposed new channels do not promote diversity in terms of media ownership. eircom would strongly suggest that this proposal would be the only change to the proposed Digital Terrestrial Television (DTT) Public multiplex service that can occur in advance of the future of the commercial Digital Terrestrial service / licences being definitively decided. The proposed additional channels should not be enhanced beyond the current agreed content and format. Furthermore clarity should be established regarding the Phase Two proposal for RTE Plus. An undefined “unique schedule” is outlined to include a new source of commercial revenue through advertising in addition to advertising already carried on RTE One. In the absence of knowing what this unique schedule is, there is a concern that it would include commercially attractive content which would confer an unfair commercial advantage on RTE in terms of the current and potential commercial content market. The Minister has committed to reviewing the position regarding the national commercial Digital Terrestrial Television (DTT) service following the unsuccessful recent initiative to launch this service. In the interim, no policy measures should be introduced that could compromise further the business case for such a service. Regarding media plurality, eircom is of the view that the commercial DTT initiative failed in part because of a lack of availability in suitable broadcasting platforms which in turn resulted in RTENL having a de facto bottleneck control over transmission of the service. ComReg has recently reviewed the National Broadcasting Market, both digital and analogue. Eircom welcomes ComReg’s initiative in this regard and in particular the conclusion that the market passes the 3-criteria test for the imposition of ex-ante regulation in order to promote effective competition. If this regulatory mechanism had been in place, it is eircom’s view that ComReg could have been in a position to mediate in the recent negotiations between the One-Vision consortium (of which eircom was a member) and RTENL.

20 (When these negotiations failed, the option for launching commercial DTT services passed to a consortium involving RTE and UPC. That consortium decided not to proceed with the venture) The implications of the failure of the commercial DTT initiative to date for media plurality are very significant. The absence of a commercial DTT offering means that the duopoly of satellite and cable in commercial digital TV transmission /Pay TV market has been strengthened to the detriment of consumer interest. It is probable that this negative impact on media plurality in terms of platform ownership will be difficult to reverse given the intervening wider economic and market developments. A related eircom concern is the need for a holistic view of the new converged digital media market and the imperative to exploit all opportunities it presents for the wider economy. Just as the business model for traditional print media has been disrupted by new technology, similar effects are rapidly emerging in respect of traditional TV. Broadcast and linear TV, either by subscription or free, is being challenged by Web applications which are giving viewers unprecedented choice to create their own schedules. Consideration of all policy matters relating to existing market, including the approval of content and ownership initiatives as currently proposed, should take into account the longer term impact on existing and new players whose market entry and business prospects will be affected in the longer term.

9 FIG

Please find below our submission on the prioposals. I have reproduced the questions and listed our comments under each section. If you would like elaboration or further information. please do not hesitate to contact us.

Response:

1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland? Please support your response;

Of Course, any addition or extension to the service will provide further value. you should really be asking if this is sufficient value, or how better value could be achieved.

1. RTÉ Two HD Select (Working Title): this service offers the RTÉ Two content in a High Definition format. HD select, Are we back in 2007? All content should be delivered in HD not just "select". This does not assist RTE in pursuing its public service commitment.

2. RTÉ News Now, a 24 hour news channel Won't this be a bit repetitive. BBC, CNN SKY, AlJazera, etc already provide this sort of service and it is horrendously repetitive. A news/current affairs channel would be better but see my suggestion for a RTE Oireachteas Channel, where this would fit in better.

3. RTÉjr, a channel aimed at preschool children Great, I hope it will have a large proportion of home produced and Irish Language content. One suggestion is to put subtitles, as Gaeilge, on some bought in programmes. Why not make that available on all programs. and put english subtitles on the Irish language ones. of course.

4. RTÉ Plus (Working Title) a channel which repeats part of the RTÉ 1 content. RTE Shuffle! What is thios going to be? A RTE +1hr is a great service, really useful but it is only useful, like a 24hr shop if you know that it will always be there. It will be an annoyance if I plan to, for example, watch nationwide an hour later but instead fine the plus channel is showing some regional GAA match. This should be one or the other. I know that I have the RTE player (brilliant) but I, like most people, am lazy and also the proud owner of a very large TV so given the cohoice of hunching over a laptop or HD on my 46" flatscreen, there is no competition. To go back to the analogy of a 24 hr shop would you be annoyed if you popped out to buy a pint of milk and discovered it was shut. The Idea of an RTE3 channel showing its own schedule of

22 new, archive and rebroadcast programs sounds great but give it its own identity. Also the example schedule shows programs that are available in HD being broadcast in SD (eg the Simpsons - note the correct spelling). Why not black and white or 425 lines.

5. RTÉ Aertel Digital: an enhanced digital teletext service. One has to question the reasoning for this and the need for this at all. The only one that I can come up with is that it is a fillup for the poor sods that can't get broadband. I presume that subtitles will be available on all of the channels in any case.

3.2 a factor for social cohesion and integration of all individuals, groups and communities; Without a public access channel this will not be met.

3.3 a source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards; Without getting into a discussion on bias in RTE. This should be as good as we have at the present. But it in no way will provide innovatory or varied content. Innovative content would be a trial of 3D broadcasting (I am not in favour of 3D but simply use this as an example of innovation). given that you are not consideing broadcasting everything in HD, innovation doesn't even get a look in.

3.4 a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals; Without a public access channel this will not be met.

3.5 an active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage; We have produced great programs in Ireland and can and should continue to do so but a broadcast medium will have little effect on creativity it can only deal with dissemination.

3.6 discharge of the Public Services Broadcasting remit via diverse platforms.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how? Don't think so. I think that Satellite broadcasting FTA and Free over basic cable would be a better and cheaper way to provide this service.

5. How and to what extent do the new channels/services contribute to meeting the:

23 5.1 Democratic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; No, we need an Oireachtas channel, A Seanad Channel and a public access channel.

5.2 Cultural needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; This depends on what is broadcast.

5.3 Linguistic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; You haven't proposed an Irish language channel, Irish subtitles to progtramming or rebroadcast of TG4 so the answer is NO.

5.4 Educational needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland and Yes, depending on the content.

5.5 Social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland. To an extent. I lived and worked outside of Ireland for a number of years and had no access to Irish TV or radio short of Setanta Sport. I would really have liked to be able to access the RTE channels. Look the number of large satellite dishes(over 80Cm) on the side of houses. they are put up by immigrants who access their home stations via satellite. We should be doing the same not some "select" selection of what is available at home. DTT is unlikely to serve many people outside the island.

6. Your view on the extent to which the proposed channels/services will be accessible by the public. It will be very good.

7. Your view on the extent to which the proposed services will reach under served audiences. Remote areas can often access satellite better than terrestrial broadcasts. So this should be good. Again I question the need for blanket DTT.

8. Do the new services help to raise the level of familiarity of the general public, or of individual groups within Irish society, with new forms of services and technologies? Please provide additional information to back up your response. Most people view the TV as a machine and not a service provider. This has the capacity to be confusing to access these services as you may have to deal with a set top box control as well as a TV control.

9. Do you consider that the new services help contribute to media plurality? Why? The response should make particular reference of the contribution of the proposal to the following aspects of media plurality; (i) diversity of content, and (ii) Diversity of ownership

I really don't see much of a contribution here. Most of it is just rebroadcasting current programming during prime times so where is the diversity of media (at easily

24 accessible times) or ownership. Again, I suggest an : Oireachteas channel Seanad channel Public Access Channel Broadcast all channels in HD to quote: 7.i. RTÉ Two HD Select The delivery of high quality pictures and sound to large screens in High Definition is the future of television in the home. You say this is the future but it is actually the reality.

Reading back over my responses, they seen quite critical, and they are so. But this is because I see us about to make the same mistakes that we always make. A new set of channels and a new medium is something that gives the opportunity to jump into the modern world and not to almost catch up with the rest of the world and slowly lag behind again. Your research will show you the number of TVs in Ireland that already HD ready and yo know that every single set that is sold told is also HD ready. It seems to me that you are the only thing that is not HD Ready.

25 10 Football Association of Ireland

I am writing to you on behalf of John Delaney, Chief Executive of the Football Association of Ireland following correspondence dated 12th November 2010 from Eanna O’Conghaile in relation to an invitation for submissions on New RTE Services. We would like to thank the Department for the opportunity to comment on the RTE proposals. In the view of the FAI, these RTE proposals are very positive.

11 French Teachers Association of Ireland

As president of the French Teachers Association in Ireland, I would like to add my voice to the idea of having regular news bulletins in French on the new TV News station. I think it would be good for French people living in Ireland and for French visitors to Ireland. More importantly it would provide a great support service to students of French at both second and third levels. With this in mind I would like you to explore the possibility of having these news bulletins sub-titled in the target language. This would be the equivalent of having English sub-titles with the English news, which helps people who are hard of hearing. For students of French to listen to French news with French sub-titles is of enormous benefit. When we see French films in Ireland they have English sub-titles. However in school, I have shown French versions of films using sub-titles designed for the hard of hearing in France. This is much more engaging for the students than to have the film with English sub-titles. I am aware that TV5 Monde have other News / education programmes such as “Sept Jours Sur La Planete”, which have French sub-titles. Despite the developments on the Inter net, there is still surprisingly little suitable, student friendly material available for the teaching of French. There are no doubt many initiatives you could take that I am not aware of, but the sub-titled news is my contribution, as a good starting point. I would suggest that other languages be supported also. Having German, Italian, Spanish other modern language news services available on the new channel would enhance our image and provide services to the international community living in Ireland. I feel the new service can be extremely innovative and I wish you the best with the project. If I can be of any assistance, either as a French teacher or through the FTA, do not hesitate to contact me.

27 12 Gael Linn

Aighneacht Gael Linn maidir leis an gComhairleachán Poiblí faoi Mholtaí RTÉ do DTT

Maidir le pointí sonracha an phróisis chomhairleacháin:

1. Aontaíonn Gael Linn go rachadh na cainéil a mholtar chun tairbhe na craoltóireachta in Éirinn.

2. Creidimid go gcuirfeadh na seirbhísí le comhlíonadh aidhmeanna RTÉ maidir le craolachán seirbhíse poiblí.

5. Is cás le Gael Linn go mbainfí amach leas na Gaeilge sna struchtúir nua atá molta, go háirithe i dtaca leis an moladh go mbunófaí cainéal a bheadh dírithe ar leanaí réamhscoile (RTÉjr).

Tá sé léirithe go beacht ag seirbhís TG4 go bhfuil éileamh ar sheirbhís dá leithéid as Gaeilge agus go bhfuil soláthar clár ardchaighdeán á chur ar fáil.

Creideann Gael Linn go mbeadh sé leas cultúrtha, oideachasúil agus teanga go ndéanfaí deimhin de go mbeadh soláthar clár Gaeilge réamhscoile á thairiscint mar chuid den tseirbhís DTT.

An comhthéacs leis an moladh seo ná: • An ráchairt atá ar an earnáil réamhscolaíochta ar fud oileán na hÉireann • Straitéis 20 Bliain a Rialtais don Ghaeilge, go háirithe an bhéim a leagtar ar sheachadadh na Gaeilge ó ghlúin go glúin. • A thábhachtaí ata sé go mbeadh lárshruthú á dhéanamh ar sholáthar clár Gaeilge. Tá éacht a déanamh ag TG4 i réimse na gclár do dhaoine óga agus ba chóir go mbeadh soláthar cuí clár mar iad ar an gcainéal nua atá molta ag RTÉ.

13 Éamonn Geoghegan

Please find attached my "Response to RTÉ New Service Proposals".

As outline in this document my response is only in suggestions to what RTÉ have proposed. I believe that RTÉ need these channels to at last successful launch Digital Terrestrial Television in Ireland. This needs to be done as soon as possible. There can be no waiting for the BAI to deliver pay TV on DTT. Pay TV is a waste of time in the current economic climate and audience need for Pay TV will dwindle in the coming years with strong FTA channels on satellite. SaorView needs to be launched and it needed to be launched long before Boxer, Easy TV and OneVision came to the table with Pay TV plans for the BAI.

Make April 1 2011 the date for the full Saorview Launch. There is no more time for trials.

Request for Comments on the RTÉ Proposals Due to the delay in setting up DTT by various organizations (not RTÉ) it is now time to press on with matters. Below are my comments on the RTÉ Proposal however they are not meant to interfere with the launch of the proposed channels in the Spring of 2011. The channels are needed and required for launch in Spring 2011, I would even go as far as to suggest that a date of the 1st of April 2011 for the full launch of Saorview. To suggest spring 2011 could mean 30th of June 2011 which is unacceptable for the development of DTT in Ireland which has been put back on so many occasions. ASO is to occur on 31st of December 2012, I look forward to see it happening on that date. I continue to suggest that the Irish Film Channel and Oirechtas TV are owned and controlled by TnaG, and these and other channels are allowed to support TG4 into the digital age. 1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland? Yes, the additional channels will be welcomed by the viewer and the license fee payer. I would however suggest that these channel are during this consultation and during the trial period or as soon as possible. The role out of DTT continues to be delayed with long winded processes, you will note that in the UK several channels have been replaced or removed as DTT has evolved in that country, indeed BBC 3 could well be removed as a PSB in the future. Channel One is to be replace by Challenge in the coming months. 2. For each service, please indicate whether you consider the service assists RTÉ in pursuing its public service objects as detailed in Section 114 of the Broadcasting Act 2009 (Annex 1). Please provide reasons for your responses. The channels assist RTÉ in making DTT available to the country as they have been left on their own in relation to this aspect of Irish Broadcasting. This question is also miss placed in a public form as it suggests that the public are truly informed of the Act. Departments and government organisations need to start talking to the public directly, in town halls, libraries and other such public facilities. Not everyone is an academic but that does not mean that their point of view is unacceptable. 3. The compatibility of the proposal with the Audiovisual Media Services

29 Directive and recommendations of the Council of Europe in respect of public service broadcasting and in particular the extent to which the proposals address the following 1. a reference point for all members of the public, offering universal access; As a FTA Television service for those who have a television the channels meet those requirements 2. a factor for social cohesion and integration of all individuals, groups and communities; Part of the schedules could be provided to local community television networks in a similar manner to that of the Netherlands when certain groups would control the output of their national channel at certain times of the day. Or RTÉ could provide a space on the PSB mux for such a mixed channel scheduled by the BAI. 3. A source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards; A much as any PSB semi-state body can be impartial. I don't think that extra channels need to be high in quality rather RTÉ 1, 2 and Junior should be the main focus for quality programming. 4. A forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals; Again as much as a semi-state PSB can be pluralistic, the extra channels will not change this. 5. An active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage; Again RTÉ One, Two and Junior need to be focused on these aspects, the additional channels should only be about when and where an individual wants to watch programmes, focus should remain with the current set of RTÉ Channels. 6. Discharge of the Public Services Broadcasting remit via diverse platforms. Yes as ATT is turned off, DTT will need a replacement. 4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how? It should not along as RTÉ understand that their main focus of content should be placed with RTÉ One, Two and Junior. The extra channels should provide different schedules that provided viewers with choice. 5. How and to what extent do the new channels/services contribute to meeting the: 1. Democratic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; They should not change the democratic needs of Irish society, as I have said that lies with strong programming on RTÉ One, Two and Junior. The extra channels provide choice of viewing patterns and perhaps some alternative view points. 2. Cultural needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; Again this will be all about RTÉ One, Two and Junior. For those outside of Ireland an Irish international channel is required, hopefully Saorsat will provide such a channel. 3. Linguistic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; RTÉ News Now could be used to provide international news programmes from across the world in particular our European neighbours (other than the UK). The development of additional soundtracks on such a channel would be welcomed. (in the future not during initial role out). 4. Educational needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland and Again this needs to be part of RTÉ One, Two and Junior. The extra channels could provide some additional

30 information. This is not to take from the need of the extra channels on the new platform. 5. Social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland. See above 6. Your view on the extent to which the proposed channels/services will be accessible by the public. According to RTÉ 90% initially and to begin with only on Saorview to help spread the technology. I see no problem with this until 2012 at which point they should be made available on Cable and Satellite platforms. 7. Your view on the extent to which the proposed services will reach under served audiences. How do you mean under served? In terms of content or in terms of signal strength? Content wise the BAI and TG4 need to develop channels that suit “suil eile” ethos. 8. Do the new services help to raise the level of familiarity of the general public, or of individual groups within Irish society, with new forms of services and technologies? Please provide additional information to back up your response. Yes, these channels should already be available on the platform, Spring 2011 is too late. Why was this consultation not started in February 2010 when the SI was signed? 9. Do you consider that the new services help contribute to media plurality? Why? The response should make particular reference of the contribution of the proposal to the following aspects of media plurality; 1. diversity of content Again RTÉ need to concentration on diverse content for RTÉ One, Two and Junior as they are currently. Extra channels should really just provide different types of schedules for the same programmes. 2. Diversity of ownership If you go through the list of channels available to Irish audiences you will find that the majority are owned by about 6 TV companies BBC, Channel 4, ITV, Sky, Viacom and Discovery Inc. There are other smaller companies but these are the main players in the market. Additional RTÉ channels will not change the lack of Diversity of ownership currently provided. Indeed in Ireland there are only 3 companies RTÉ, Dogherty Hanson and TG4 (in terms of TV broadcasting). 10.Other issues raised RTÉ Plus initially should provide a mix of the RTÉ One and Two schedules from 12am to 4am in the same manner that RTÉ Junior will repeat its schedule 6hour schedule during the following 6 hours. Rather than an RTÉ One +1 service RTÉ Plus could provide a completely alternative schedule to that of RTÉ One from 7pm to its close. In technical terms this is the same as RTÉ One +1 but rather it begins with RTÉ 1 +12 followed by RTÉ 2 +12 below is an outline of both channels late night schedule and a proposed RTÉ plus prime time schedule from 7pm.

17/11/10 RTÉ One RTÉ Two 12:00:00 Oireachtas Report Rescue Me 12:30:00 RAW Rescue Me 01:00:00 RAW FILM 01:30:00 FILM FILM 02:00:00 FILM FILM 02:30:00 FILM FILM 03:00:00 FILM 03:30:00 Shortland Street 04:00:00 Prime Time 04:30:00 Doctors

31 17/11/10 RTÉ Plus 19:00:00 Oireachtas Report As RTÉ One 00:00 19:30:00 RAW As RTÉ One 00:30 20:00:00 RAW As RTÉ One 01:00 20:30:00 FILM As RTÉ One 01:30 21:00:00 FILM As RTÉ One 02:00 21:30:00 FILM As RTÉ One 02:30 22:00:00 FILM As RTÉ One 03:00 22:30:00 Shortland Street As RTÉ One 03:30 23:00:00 Prime Time As RTÉ One 04:00 23:30:00 Doctors As RTÉ One 04:30 00:00:00 Rescue Me As RTÉ Two 00:00 00:30:00 Rescue Me As RTÉ Two 00:30 01:00:00 – 02:30:00 FILM As RTÉ Two 01:00

RTÉ would have to schedule their late night One and Two schedule to insure that suitable programming is going out during Prime Time hours, I point to both RAW and Rescue Me which are not suitable for broadcast before 9pm and that RTÉ Two would begin earlier than 12am on RTÉ Plus. This is purely an example of what could be done, and doesn't take into consideration programming starting at 15mins to or past the hour.

32 14 Houses of the Oireachtas, Joint Administration Committee

I refer to the letter of 12 November, addressed to the Office of the Commission and Secretary General, regarding RTÉ’s proposal to introduce new television channels on its digital terrestrial television (DTT) network in 2011.

The matter of a parliamentary television channel, as referred to in Section 130 of the Broadcasting Act 2009, has been under consideration in the Houses of the Oireachtas for some time, and is receiving detailed assessment by the Joint Administration Committee (JAC). The Houses of the Oireachtas Commission, at its meeting of 2 June 2010, welcomed the JAC discussions and recommended that the JAC explore alternative low costs options such as webcasting or sharing existing channels at this point in time, given the current economic climate.

With regard to this particular consultation, however, I note that the consultation document New RTÉ Services Proposal indicates that, among additional live feeds to be carried on the proposed RTE News Now channel, Dáil, Seanad and Committee proceedings, together with extended Dáil coverage on special news days, are specified.

This development is to be welcomed as an enhancement to the options for ensuring a wider audience has access to parliamentary proceedings.

15 ICTU

Irish Congress of Trade Unions

Response to Consultation Paper “New RTE Service Proposals”

December 2010 ______

1. Question One

1.1 Yes we agree that the additional / enhanced services will significantly improve the technical quality, and extend the range, of output available to those who, up to now, have had access only to analogue broadcasting. It is a particularly important development as statistics show that the chief beneficiaries will be among the relatively disadvantaged in Irish society (lower socio/economic groups, elderly, those without access to the internet etc.). As such it provides further value to the Irish public and supports the adoption of Digital Terrestrial Television (DTT) in Ireland.

2. Question Two

2.1 With regard to the proposal to develop RTÉ TWO HD Select, as the key broadcaster of Irish sporting events it is essential that RTÉ provides viewers with coverage of the same high technical quality as its non-national competitors. The development of RTÉ Two Select, by 2012/2013 will broaden the HD service to cover drama, documentaries and other genres of programming. In this way programming of an advanced technical quality will be available to communities, and in regions, which – up to now – have been unable to access such a service. This is in line with the requirements of Section 114 of the Broadcasting Act 2009.

2.2 The provision of a dedicated, Irish channel for children, RTÉ jr, with no advertising and a significant range of home-produced programmes, is surely a valuable addition to Public Service broadcasting. Given the quantity, range, and content of international channels currently directed at children this development is very welcome and clearly in line with Section 114 of the Act.

2.3 The success of the RTÉ Player shows that there is a significant demand for second-chance viewing. However this is only available to households with computers and internet access. Despite the massive increase in competition

34 RTÉ One is still the main station of choice for Irish viewers so the provision of an opportunity to view missed programmes, through the introduction of RTE Plus, across a range of genres and sources, fits very well with the remit given to RTÉ. It also represents a very efficient use of the licence fee.

2.4 The Broadcasting Act clearly mandates RTÉ to provide a teletext service and `the current service, Aertel, has proved its value since its inception. The digital version will bring the service into the 21st century with greater accessibility, and better quality, for users. It is particularly valuable for households without access to the internet and, as such, is central to the PSB remit of RTÉ.

3. Question Three

3.1 This service will offer digital television, on a free-to-air basis, to the entire country. In doing so it provides the Irish nation with a central reference point for the ‘national conversation’. The value placed by the viewing and listening public on RTÉ’s output has been demonstrated by national viewing/listening figures. The unique Irish nature of this Public Service Broadcaster draws together Irish groups, communities and regions in a way which is not possible through any other medium. This proposal extends and deepens the service and will enable it to deal with the increasing competition from international commercial broadcasters whose fundamental aim is profit, rather than service.

4. Question Four

4.1 We do not have the relevant information that would allow us to respond to this question.

5. Question Five

5.1 As outlined above the universal coverage, the extension and development of content and the widening of the target audiences, through the provision of new channels, means that the proposed DTT service will significantly contribute to meeting the needs listed under point 5.

6. Question Six

6.1 The cost of the initial outlay on a set-top box will be a factor in determining how accessible this service will be for the public. A comprehensive information campaign will be necessary to bring the public up-to-date on the availability, accessibility and value of the service.

7. Question Seven

7.1 The provision of dedicated, age-specific, and advertising-free channels for children means that a previously underserved group will now be able to access a significant new service. Additionally, households with limited, or no, internet access will no longer be so disadvantaged, will benefit from the

35 enhanced services and will have the opportunity to continue participating in the ‘national conversation’.

8. Question Eight

8.1 The digitalisation of teletext, the proposed interactivity in the new channels and the increase in technical quality should help to familiarise the public with new forms of services and technologies. In particular the developments in broadcasting for children should ensure that each successive generation grows up comfortable and engaged with the proposed new technologies.

9. Question Nine

9.1 It is clear that the proposed service will provide a significant increase in the range and content of output, across genres and timelines. Given the ‘sameness’ of much of what is on offer on some platforms it will provide a valuable balance, and new opportunities for the Irish audience to see the best of home and international output. It is particularly important that this proceeds under the auspices of the Public Service broadcaster, as its decisions and choices will not be limited by the commercial profit motive. Given the increasing influence of ‘media barons’, in both broadcast and print media, it is essential that the public has access to genuinely independent and objective programming. A strong Public Service broadcasting presence is essential in a media landscape dominated by powerful commercial interests with cross- media ownership.

36 16 Magnet Networks Limited

Response to RTE proposal for new channels

Question 1 Response: Magnet Networks feel that these additional channels will provide value to the Irish public more particularly RTE Jnr and the RTE plus channel. These channels will add value in that the plus channel will allow catch up and the children’s channel will allow people who do not subscribe to Pay TV to entertain young children during the day.

Question 2 Response: Magnet Networks feel that S114(1)b the digital teletext channels comes within this remit. S114(1)f ensure that a plus channel comes within this sections objective. S114(3)b cover a specific news channel. We are unsure if S114 mandates that the other proposed channels come within the remit of being a public service.

Question 3 Response: Magnet Networks believes the following in relation to the proposed channels and their compatibility with the Audiovisual Media Services Directive:- 1. There is an issue in relation to the availability and knowledge of where to acquire the set top box to allow you to view Saorview. RTE must ensure that these new channels are available on Pay TV, cable TV and IPTV platforms and providers. 2. As a public broadcaster the proposals address social cohesion and integration. 3. Impartiality and independence is required under the Broadcasting Act 2009. 4. To inform public discussion and promoting democratic participation is covered by the proposal of a 24 hour news channel. 5. Magnet Networks believe that the broadcasting as it stands should contribute to national and European heritage; the proposed channels are rehashing content rather than creating new and specific content. 6. Magnet Networks are unsure about this as it’s a digital broadcast and as yet IPTV/cable providers have not been contacted to broadcast these channels.

Question 4 Response: If the DTT covers 99% of the country then accessible by the public. However, there needs to be publicity about the service, what it is and how to get it. People are very much unaware of the digital switchover and what they will need to upgrade their televisions i.e. a set top box. The public are not aware of where to purchase these boxes and how to fit them with their existing televisions.

Question 5 Response: In relation to question 5 Magnet Networks do not feel that the new channels contribute to meeting the list of issues stated as these channels are just rehashing existing content.

37 Question 6 Response: As per question 4’s answer.

Question 7 Response: As the content is being rehashed under served audiences will not be served. Maybe at a stretch small children under 6 maybe served by providing more day time child focused entertainment.

38 17 Grant Masterson

Hi,

yes, I pay my licence fee.

my thoughts on the new channels

RTÉ Two HD Select: just call it RTE 2 HD !!!! why add "select"? makes no sense, call it what it is

RTÉ Plus: is basically RTE1+1. WHY? why waste bandwidth with a repeat of a channel already showing? is that not what rte player is for anyway? u miss it , u watch it online. That is what recording devices are for yeah? recorders......

Im all for the jr, channel, the news, the aertel but you need to get all the other channels onto a higher resoloution too. So they look better than SD

You need a music and movies channel too.

RTE News Now - The current format annoys me. I'll be lucky to watch it more that 2 times a day. It is far too repetitive. Instead, RTE should copy the Euronews format. No newscasters, just take the video feed from the likes of Reuters and AP, edit it to a certain time, stick a voice-over on it and repeat every 30 min. It works off a queuing systems so when a fresh piece of news comes in, it goes to the top of the cue. Improve the info on the side bar to include small pictures. For example weather maps, satellite photos, (use Met Eireann web site). Traffic, RAI News 24 use to show alternating live traffic cam feeds in their side bar. DCC or AA Roadwatch could have live traffic/travel alerts. Also it should have 2 scrolling ticker-tape feeds on the bottom instead a 1 huge one

If you used ch39 at mt leinster and not channel 45, coverage would increase exponentially in wexford and south wicklow.

18 Alan Mc

Obviously the more channels available on saorview the better. Making sure any additional channels added will not restrict the current & added channels converting to HD later due to lack of bandwidth for all these channels to be HD when second PSB mux enabled.

RTE news now should continue to be transmitted as a SD stream but transmit the video full screen by removing the current scrolling text & misc info in the borders. The scrolling text & boarders can be replicated using mheg code allowing the display as seen by viewer currently, to be the same as it currently looks but at a much higher definition for the same bandwidth. (an example of this would be what the BBC do with their radio stations transmitted on freesat or what happens when you select digital text. The viewer can still see the video but the text content can be created around it)

I know the Saorview specification includes the requirement for a VHF as well as UHF tuner. I suggest RTE consider a SFN VHF mux across the whole county. Move the radio stations currently transmitted on the UHF mux to this VHF mux and add all national commercial stations & a selection of local (there may even be enough bandwidth to fit all) commercial stations (assuming carriage costs are met). Low Definition versions of RTE1, RTE2, TV3 & TG4 etc. should also be included on the mux. This would allow mobile DVB-T receivers to pick up all the radio stations along with 4 television channels & possibly RTE news & 3e etc.. The SFN would allow mobile receivers to view/listen countrywide without the need to retune radio/stations when on the move in cars/buses/trains etc. This would free up the UHF mux radio bandwidth (minimal I know) and allow it to be used for other use. It would also allow mobile/handheld device reception of TV & replace the need for any further DAB roll out countrywide & eliminate the need for any DVB-H transmissions. It may even be possible to drop DAB altogether. From a consumer point of view it may allow a easier path to digital radio reception than DAB as car radios with USB port may be upgraded to digital by plugging in a slightly modified USB DVB-t tuner currently available for less than €20, much cheaper than changing/adding a DAB receiver to cars.

For the benefit of viewers in Northern Ireland out of range of Saorview. If RTE could arrange carriage & transmit the EPG info (only, not the actual channels) for the saorview/saorsat channels on the freesat (NI only postcodes) high definition EPG data. This would allow NI viewers already on freesat the option of adding a second dish to their fsetup (through a diseqc switch) to view Irish channels without requiring a second decoder just for saorsat channels if they already have freesat installed.

19 Stephanie McGovern

I am a language teacher and I would like to ask to have consideration given to including French and if possible other languages to your new 24/24 hour television news channel.. Live presentation of the news or subtitled news in european languages such as French would be of immense benefit to language students.

I consider that many Irish students would make much greater and quicker progress in their european language learning if they had news programmes on a regular basis. This would be widely available and not costly for the student as most have access to RTE channels. Thousands of our young people are learning languages in our schools and this would be a great asset both at home and at school. Having up to date , live and relevant material through the news would be marvellous and stimulating for teachers and students alike. The visual aspect of TV news is also very attractive.

This provision of this service would be an opportunity not to be missed.

Many thanks for considering this request.

20 National Disability Authority

The National Disability Authority (NDA) welcomes the opportunity to make a submission to the Department of Communications, Energy and Natural Resources regarding the New RTÉ Services Proposal. NDA as the lead state agency on disability issues in Ireland, is making this submission within its remit on disability issues and universal design and confines its comments to those areas of expertise.

RTÉ, both through radio and television, is a key influencer on how people view Irish society, which in turn plays an important role in influencing peoples’ attitudes.

RTÉ, as the lead state broadcaster, has a critical role to play in reflecting the diversity within Irish society and in particular in the fair and accurate representation and portrayal of people with disabilities in broadcast media.

RTÉ also has statutory obligations under the Disability Act 2005. Under Section 27-29 of this Act, RTÉ as a public body must ensure, inter alia, that its services are accessible, that information is provided in accessible formats, that people with disabilities are supported in accessing their services including, for example, supports that may be required for programme participants with disabilities and to engage in accessible procurement, including bought-in programmes.

In accordance with its statutory remit to support the development of standards and guidelines, the NDA’s Centre for Excellence in Universal Design will develop universal design guidelines, in the first half of 2011, for user requirements for the wide range of equipment, interfaces and services that make up Digital Terrestrial Television. The following comments on the new RTÉ services are in response to the information provided in the submission document but do not cover areas such as the accessibility and usability of Electronic Programming Guides, remote controls and set-top boxes that will be covered in NDA's new guidelines.

NDA notes the final test phase of the Digital Terrestrial Television service is taking place between October 2010 and June 2011. NDA is willing to advise on the testing and evaluation of key components of the Digital Terrestrial Television service such as the set-top-boxes and Electronic Programming Guides during this time. NDA accepts this is a final testing phase and that capacity to make changes based on any expert evaluations or user testing will be limited. However, information gathered during testing on the usability and accessibility of these key components could be used to inform future design recommendations and technical specifications for the national Digital Terrestrial Television service.

NDA’s Centre for Excellence in Universal Design would welcome further opportunities to collaborate with the Department and RTÉ during the development of these guidelines and in particular will be in contact with personnel from both organisations shortly to invite them to sit on a steering committee for this work.

42 1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of Digital Terrestrial Television in Ireland?

As Ireland’s statutory public service broadcaster, RTÉ now has a unique opportunity with the roll out of Digital Terrestrial Television and proposed New Services Proposal to effectively deliver on the inclusion of people with disabilities in programming, both as content subjects but also as participants, as well delivering a high quality universally accessible services through the Digital Terrestrial Television Platform.

1. Website RTÉ are obliged to establish and maintain a website. In this regards ensure that RTÉ.ie complies with best international access standards. See guidance on this from NDA’s Centre for Excellence in Universal Design www.universaldesign.ie.

The current recommended international standard is WCAG 2.0.

NDA would be happy to advise RTÉ in this regard.

2. Teletext This is an important service provided by RTÉ giving access to a range of public information. Such a service provides an easy alternative access point for the public who may not have or be able to access an internet service and is critical in situations like emergencies etc It should be provided in line with best international access standards for this communications medium. Consideration needs to be given to such issues as type, size of font, colour contrast etc.

In general, the accessibility of on-screen information and user interfaces depends to a large degree on an end user's capacity to modify the presentation of this content according to their own requirements. For example, web content is considered accessible through the ability of the user to change the text size, font, colour and contrast. Similarly Electronic Programming Guides can be designed and developed to enable the end user to control the foreground/background contrast, colour and font type. Where content is not decoupled from presentation, the design of any on-screen textual information in terms of colour layout, size and contrast needs to accommodate the widest range of users possible.

NDA understands that the RTÉ Aertel Digital service will be provided using the MHEG 5 specification. MHEG 5 has limited capacity for the end user to modify the presentation of the on screen content. Therefore it is imperative that the design of the new Aertel Digital service is given careful consideration in order to

43 improve on levels of readability of the current teletext service. Key considerations are:

text size font type and colour contrast between foreground and background amount of text on screen amount of scrolling or tabbing through on screen menus required to move from page to page

NDA is available to provide advice on this and recommends that by conducting user testing to inform the design of this text layout, formatting and movement, the on-screen text will be more comfortably viewable by a wider range of users. Any user testing should include a cross sectional range of users including older people and people with a range of visual impairments.

A similar consideration is in relation to the always-on, on-screen text that will be displayed on the RTÉ News Now 24 hour news channel. A key consideration here will be how this on-screen text interacts with subtitles provided for this channel. NDA is willing to advise further on this and through the development of its Universal Design Guidelines in the first half of 2011, will collate further advice and guidance material that will be of interest to RTÉ in this regard.

3. In pursuance of Subsection (1) As stated in the Act RTÉ must be responsive to the interests and concerns of the whole community, be mindful of the need for understanding and peace within the whole island of Ireland, ensure that the programmes reflect the varied elements which make up the culture of the people of the whole island of Ireland, and have special regard for the elements which distinguish that culture and in particular for the Irish language.

RTÉ must uphold the democratic values enshrined in the Constitution, especially those relating to rightful liberty of expression, and have regard to the need for the formation of public awareness and understanding of the values and traditions of countries other than Ireland.

In addition, NDA would recommend fair, accurate and balanced portrayal of people with disabilities participation of people with disabilities in RTÉ programmes; access, consultation and representation are crucial to the development of the process of participation access to services as listeners which includes not only compliance with the Access Rules as established by the Broadcasting Authority of Ireland but also the provision of accessible media such as web design; podcasts; RTÉ Player; Digital Terrestrial Television etc.

44 3. The compatibility of the proposal with the Audiovisual Media Services Directive and recommendations of the Council of Europe in respect of public service broadcasting

The NDA confines its comments to Article 7 of the Audiovisual Media Services Directive where member States are required to "encourage media service providers under their jurisdiction to ensure that their services are gradually made accessible to people with a visual or hearing disability".

In this regards, the Broadcasting Authority of Ireland set the Access Rules for compliance by broadcasters in Ireland. These Access Rules should include targets for subtitling, signing and audio description. In addition to reporting on compliance with such targets, NDA suggests that reasons for non compliance should be stated. The NDA would also suggest that revised guidelines be published for broadcasters generally, but would be essential for RTÉ in particular, in the light of the proposed New Services and Channels and the roll out of Digital Terrestrial Television, regarding guidance on how relevant television services should promote the understanding the understanding and enjoyment of television by people who are deaf or hard of hearing, or blind or visual impaired, or who have a dual sensory impairment "deafblind" and guidance on the representation and portrayal of people with disabilities in broadcast media, building on the previous research conducted by the BAI (formerly as BCI) and NDA

Such guidance would enhance and bring added value to both the Audiovisual Media Services Directive and Council of Europe recommendations in such areas as offering universal access to all of the public a factor for social cohesion and integration of all individuals, groups and communities; a source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards and a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how? NDA welcomes the intention stated in the proposal that RTÉ are currently planning to deliver these services without there being any additional cost to the Irish licence fee payer as , where possible, the new channels will be created using existing resources.

NDA would recommend in delivering on value for money that universal design principles are applied at the design stages of the roll out of such services thus maximising accessibility for the consumers of such services and reducing any

45 additional costings that may be incurred where any form of retrofitting would have to be applied.

5. How and to what extent do the new channels/services contribute to meeting the: Democratic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; Cultural needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; Linguistic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; Educational needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland and Social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland.

The proposed new channels/services appear to provide balanced programming across the spectrum of economic, social and cultural life of Irish society. A key challenge for RTÉ is the appropriate participatory inclusion of the diversity of people within Irish society in programming, in particular people with disabilities. There is a balance to be struck between the “specialised dedicated” programming on disability issues and the inclusion of people with disabilities in mainstream peak-time programmes.

NDA acknowledges the commitment shown to date by RTÉ in trying to address this. However, the fact that people with disabilities are not readily seen or heard as participants in mainstream programmes, can result in unintentionally reaffirming certain views, stereotypes and attitudes within the general public regarding people with disabilities as passive rather than active citizens; rather than as people who, like other citizens, are interested in the arts, culture, sports, political and economical discourse etc and as capable and creative people.

6. Your view on the extent to which the proposed channels/services will be accessible by the public.

In order that the proposed channels/services will be accessible by the public, it is critical that universal design principles are applied to maximise the accessible features of programmes as well as ensuring subtitling, audio description and Sign Language interpretation and teletext.

Ensuring that other communication channels for information and/or promoting TV and/or accessing TV programmes on the web are fully compliant with best practice accessibility standards, for example the current RTÉ Player which is used on line for streaming TV programmes has no subtitles and they are not mentioned in the FAQs.

The RTÉ real player service now provides programming to more people through an online stream. While the web interface of the player has recently been

46 upgraded and improved, NDA recommends that RTÉ continues to progressively enhance the interface in terms of its accessible and usability. It is possible, for example, to ensure that all controls are keyboard accessible. This benefits not just people who cannot use a mouse such as blind people but also people who may have difficulty in pointing the cursor to a specific place on the screen due to hand tremor or poor dexterity. These types of functional limitations are more prevalent in older people. NDA’s universal design guidance on Digital Terrestrial Television services will contain guidelines on how to make an online player of this kind more accessible.

With the roll out of Digital Terrestrial Television, which has the potential to provide a good platform for such access services as subtitling, teletext, audio description and Irish Sign Language, RTÉ as a key stakeholder in this roll out, should ensure that the transmission and reception of broadcasts enables these access services and that the equipment is accessible to people with disabilities so that they can avail of these services.

For example, NDA notes RTÉ’s proposal to make the new services available via an uplink to pay TV platforms such as satellite, cable and IPTV in accordance with the “must offer” and “must carry” provisions under section 77 of the Broadcasting Act 2009. NDA believes that the current uplink used by the Sky satellite service does not include an audio description stream for those programmes that contain audio description , eventhough the Sky satellite service is capable of supporting this for end users. NDA recommends that any uplinks provided to ‘third party’ platforms can support all access services such as sign language , audio description and subtitles.

In addition, other issues that may arise in the course of a digital switchover for RTÉ, such as how information could best be communicated to people with disabilities, older people etc, would benefit from inputs from a disability user- testing group.

Information and awareness raising

Information for households There is a profound change in the interaction paradigm between an analogue and digital TV service. Inherent in the switchover is the risk of ‘digital exclusion’ for the many people who may be unable to install and/or use the new equipment, menuing systems, set-up instructions and services. It is therefore imperative that any information campaigns reach those most as risk of being unable to use this new service. Information campaigns should be backed up by a comprehensive customer service. NDA believes this component of the Digital Terrestrial Television service will be as important as the design of the equipment and services themselves. NDA has in the past developed guidance on accessible customer support services and information campaigns and is willing to advise on this as required.

47 Access services Research from the UK has shown that many people who would benefit from accessibility of services are not aware they exist or how to access them. NDA recommends that the promotion of these access facilities is included in RTE's and the Department of Communications, Energy and Natural Resources' strategy for the promotion of the Digital Terrestrial Television rollout and that all information on these services is made available in an accessible format. NDA also recommends that all programming guides, be they online, in print media and through the Electronic Programming Guides, clearly inform viewers if subtitling and/or audio description is available for each programme.

NDA also recommends that networks of representative and community groups are contacted to inform them of the rollout of Digital Terrestrial Television and its access services, thereby ensuring that those most in need of these services are informed on their existence. NDA is willing to assist and advice the Department in this regard.

7. Your view on the extent to which the proposed services will reach under served audiences. If the proposed new services and technologies are made accessible there will be a greater reach to currently under served audiences of people with disabilities, particularly people who are Deaf or hard of hearing and/or Blind or with visual impairment. Estimates drawn from the National Disability Survey would indicate the following potential reach. What is clear from the estimates is that as people age the prevalence of hearing and/or sight loss is more prevalent, so such new services and technologies would be important for older people generally.

People with disabilities by disability type % of pop Age Age Age Total . 0-17 18-64 65+ seeing 50,600 1.19 2,700 21,300 26,600 - moderate difficulty 27,600 0.65 1,700 11,600 14,300 - a lot of difficulty 20,700 0.49 800 8,300 11,600 - cannot see 2,300 0.05 200 1,400 700 Hearing 57,600 1.36 3,300 22,900 31,400 - moderate difficulty 35,200 0.83 2,500 14,200 18,500 - a lot of difficulty 20,600 0.49 600 7,600 12,400 - cannot hear 1,800 0.04 100 1,200 500

Another factor that should be considered in relation to the potential audience reach, is the manner in which certain accessibility features are provided. For example, with the proposed News Channel consideration needs to be given to issues like scrolled subtitles on Live News broadcasts. Most hard of hearing people lose their hearing late on in life, generally after the age of 55. Many may not have used subtitles previously. Enabling people to access such subtitles depends not only on the degree of deafness but also peoples ability to read the

48 subtitles and peoples level of literacy. In this regards the BAI guidelines specify 160-180 wpm for pre recorded programmes and while there is a generic reference that the guidelines for subtitling also applies to real time information, there are no specific limits for live broadcasts. Again, the BAI guidelines (2007) should be reviewed in order to identify any potential gaps where guidance may now be required for Digital Terrestrial Television.

8. Do the new services help to raise the level of familiarity of the general public, or of individual groups within Irish society, with new forms of services and technologies? The NDA would recommend that in order to enhance the level of familiarity of the new services and technologies that an information and awareness campaign would be needed, particularly, among targeted sectors of the community. The experience in other jurisdictions, such as the UK, is that there is a need to promote particular aspects of services, such as audio description (see Ofcom Report on television Access Review, June 2010).

In this regards, awareness raising and information provision could be addressed in a coordinated way across the Statutory bodies within their respective statutory remits, for example

the Department of Communications, Energy and Natural Resources in promoting awareness of the new services and technologies and the roll out of the Digital Terrestrial Campaign. In such a campaign consideration should be given as to how reach certain target audiences, for example, blind or visual impaired consumers. In this instant it may be more appropriate to run a broadcast campaign on both radio and TV about audio description. Such a campaign needs to emphasise the availability and benefit of such services. Consideration may also need to be given to the promotion of audio description enabled technologies that are available, as again, experience in the UK has indicated that awareness campaigns alone do not necessarily translate into usage and uptake (see Ofcom Report on television Access Review, June 2010).

(b) RTÉ also has a role to play in promoting their own services but also in clearly indicating on their information outlets both electronic and print the availability of signing, subtitling and /or audio description on specific programmes.

(c) The Broadcasting Commission of Ireland has a role to play in extending the targets for signing, subtitling and audio description, thus by having more programmes with such facilities available both during the day(facilitating for example blind people who are at home at this time) and at peak viewing times, raises the level of familiarity about these new services and technologies.

49 diversity of content, and Diversity of ownership

In order to achieve media plurality, the NDA recommends it is essential

To provide accessible services and programmes

To augment information on TV programmes such as referring people to Aertel or a website for further information. Where such technologies are used to keep people informed of national or local emergencies it is important that broadcast information, including relevant telephone numbers is subtitled (for people who are deaf or hard of hearing) and preferably in open captions leaving sufficient time to write the details down. Similarly, such information should be provided in an audio/spoken format for people who are blind or people with visual impairment

To include equality/diversity within mainstream programming

To establish a system whereby equality/diversity in programming is tracked by RTE and annually reported on, thus , ensuring an effective way of monitoring diversity of content and diversity of ownership

To provide a balance in programming between mainstreaming and specialist programming and the need to have programmes specifically on disability related issues e.g. attitudes to mental health issues; as well as, the inclusion of people with disabilities across the spectrum of programming from sport, life style, current affairs, arts and media. In the proposed current listing there appears to be only one specific mention of disability in the Irish animation schedule of programmes featuring "Punky, an animated series about a little girl with Down Syndrome"

To ensure fair, accurate and balanced representation of people with disabilities, thereby challenging stereotypes especially in relation to people with mental health difficulties

50 21 National Newspapers of Ireland (NNI)

Response to “New RTÉ Services Proposal” Consultation Submitted to Dept. of Communications, Energy and Natural Resources As part of the Public Value Test

10 December 2010

Introduction

The National Newspapers of Ireland (NNI) represents 18 national daily, Sunday and weekly newspapers and 35 local and regional newspapers with a combined weekly circulation of almost 6.5m copies.

This means that over 330m newspapers are sold annually in Ireland. Their production, distribution and sale accounts for thousands of jobs and millions of euro in direct and indirect tax revenue for the country.

Additionally, NNI members operate websites including online news sites as well as other special interest sites like property and recruitment.

Some 4,000 people are employed by the newspaper industry in Ireland with many more part-time and spin-off jobs in related sectors such as advertising, PR, distribution, media monitoring and printing. NNI newspapers alone account for €700m turnover and an annual payment to the exchequer of €100m in taxes.

General

This submission relates to the new RTÉ service proposals which are the subject of the Department’s Consultation Document. The consultation is limited to the question of the public value of the proposals. The NNI has separately addressed the question of the sectoral impact of the proposals, but it should be noted here that the NNI believes that, in the absence of particular terms and conditions relating to RTÉ’s ability to take advertising on the proposed new channels, the impact of the new channels on the newspaper sector in Ireland will be grave.

NNI’s response to the consultation is limited to the issue of media plurality.

Media Plurality

The Minister for Communications, Energy and Natural Resources is required, in deciding on the public value of a proposal under Section 103 of the Broadcasting Act

51 2009, to consider a number of matters, including “the contribution of the proposal to media plurality”.

Question 9 in the Request for Comments asks whether the respondent considers that the new services help to contribute to media plurality, and states, by way of emphasis, that:

“the response should make particular reference of the contribution of the proposal to the following aspects of media plurality;

(i) diversity of content, and (ii) Diversity of ownership”

The NNI believes that a wider approach needs to be taken to the question of media plurality. RTÉ is a public service broadcaster in receipt of public funds and, in ensuring that funding is compliant with the State aids rules in the Treaty on the Functioning of the European Union, the Minister must pay proper regard to the need to ensure that RTÉ respects the rules on fair competition with independent broadcasters and other sections of the media including newspapers.

In this context, it should be emphasised that the Amsterdam Protocol, which is annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, subjects the right of Member States to fund public service broadcasting to the requirement not to “affect trading conditions and competition in the Union to an extent that would be contrary to the public interest”.

The principle of proportionality has been applied in striking the balance between the need to ensure that the public service objectives are met and the need to ensure effective competition from other players in the market place. That newspapers are part of the competitive framework which public service broadcasters must respect is made clear in the European Commission’s 2009 Guidelines on the application of State aid rules to public service broadcasting which states the important role played by commercial broadcasters in achieving the objectives of the Amsterdam protocol and continues that “newspaper publishers and other print media are also important guarantors of an objectively informed public and of democracy”.

The importance of media plurality in this context was highlighted in the January 2010 Commission decision in relation to introduction of new audio-visual services by Dutch public service broadcasters.1 There was, at the time, no prior assessment of new services in the Netherlands. Together with independent broadcasters, complaints

1 State aid E 5/2005 – Annual financing of the Dutch public service broadcasters – The Netherlands – Commission Decision C (2010) 132 final, 26.1.2010.

52 were made by the Dutch Newspaper Publishers Association and the publishing company De Telegraaf. The Commission made it clear that an uncontrolled expansion of the Amsterdam Protocol would seriously harm media pluralism, and that this would be in conflict with the common interest of Europe to maintain a pluralistic media landscape in the fast developing media environment. It explicitly shared the concerns of the complainants, in particular those of the Dutch Newspaper Publishers Association whose members had either to develop an on-line business model or exit the media market.

The Dutch decision was, of course, concerned with the absence of a prior assessment procedure, and clearance was given on the basis that such a procedure would in future be applied. There is, of course, a prior assessment procedure in Ireland, but it is clear from the above that the media plurality issue covers the question of competition between different media players including newspaper publishers and the extent of the public service remit in particular in relation to the new digital world where broadcasting and publishing converge.

The NNI believes that media plurality concerns arise in two contexts.

First, the NNI has concerns that, in the traditional arena of competition between broadcasting and print media, the introduction of the proposed new services will lead to a migration of newspaper readers to RTÉ and, more crucially, will result in RTÉ taking significant advertising revenues from Irish newspaper publishers. Although the NNI has no difficulty with the idea of competition from RTÉ as such, RTÉ has engaged in an aggressive advertising strategy which the NNI believes is not compatible with its public service remit. Second, NNI has concerns about unfair competition in the new digital space where content and advertising is provided to online and mobile platforms.

In these two contexts, NNI has a number of major concerns in relation to RTÉ’s advertising practices. It does not believe that the range of advertising carried, the means of selling advertising, or the relationship between public service and “commercial” activity is consistent with RTÉ’s public service remit or can be justified in light of the need to ensure fair competition whether between print and broadcast media generally or in the new digital space. Specific concerns include:

• The range of advertising carried on RTÉ’s public service broadcasting is already very wide and includes, in addition to periodic advertising breaks, sponsorship of programming, advertising around the programme, audience give-a-ways with significant references to the product/service by the presenter and viewer competitions. This range of advertising, which is not seen in public service broadcasting in other Member States, is not in keeping with RTÉ’s public service remit, especially in the context of news and current affairs broadcasting.

53 The introduction of the proposed new services would give RTÉ even more platforms on which it could offer this range of advertising.

This is especially worrying in the case of RTÉ News Now in the short to medium term, where it is proposed to employ the “affiliate advertising model” and introduce “potential new advertising vignettes” such as entertainment and travel updates. NNI believes that newspapers could be particularly badly hit by such a strategy – entertainment advertising is, for example, a newspaper staple – and that this could prejudice the survival of newspapers and hence media plurality itself. Similar concerns arise in relation to RTÉ Plus in Phase Two and beyond.

• RTÉ offers advertisers a very effective multi-platform advertising service – Cross Media Solutions - which bundles television, radio, on-line and print media. No other operator is able to offer such a package. Please see example of current seasonal Cross Media Solutions offering attached.

NNI believes that the introduction of the new channels will give RTÉ the opportunity to offer an even wider range of platforms, and even introduce bespoke services,

• The relationship between RTÉ’s public service activity and its commercial activity is not clear to NNI. RTÉ and the Department appear to draw a principled line between the broadcast channels, all of which fall within the public service remit, and RTÉ’s on-line and print activities, which are “commercial”. All of the proposed new services are said to fall within the public service remit. NNI has expressed concerns that RTÉ is using publically- funded content generated as part of its public service remit inappropriately in its commercial activity. This seems to be the case in relation to the provision of news content to RTÉ.ie, where the cost of the production of the news, as opposed to on-line conversion costs, is not borne by the commercial arm.

Any failure to maintain the required arms’ length relationship between the public service and commercial arms of RTÉ would engender serious State aid and competition concerns. The ability of newspaper and other media operators to introduce viable “paid for” digital services on a wide range of fixed and mobile platforms is compromised where the main public service broadcaster is able to offer news and other content “for free” on its commercial web site. As the Commission stated in the Dutch decision, “it is in the public interest to maintain a plurality of balanced public and private media offers in the current dynamic media environment”.

The provision of free content to consumers increases traffic to www.RTE.ie which, in turn, increases the appeal to advertisers. By contrast, in countries like

54 Norway, the public service broadcaster agreed earlier this year to cease advertising on its website following a complaint by NNI’s Norwegian equivalent. The BBC website, for example, has no advertising when viewed within the UK.

RTÉ also provides free content on mobile apps. For reasons that NNI cannot understand, the launch of RTÉ’s mobile app in early 2010 was not subject to a public value test or any form of consultation. There has been debate on such developments elsewhere. In the UK, the launch of the BBC app was delayed pending examination and consideration by the BBC Trust.

In the context of the introduction of the proposed new channels, the NNI believes that media plurality could be further compromised were the relationship between RTÉ’s public service and commercial activities not properly defined and managed. It is more than likely that RTÉ will seek to use one of more of the proposed new channels – RTÉ News Now and quite possibly RTÉ Plus - to strengthen its advertising position in its on-line activities.

In summary, NNI believes that, taken individually and as a whole, the proposed new channels will provide RTÉ with an enhanced opportunity to attract advertising spend at the expense of other media, including independent broadcasters and the newspapers. If RTÉ continues with its current advertising practices in relation to these new channels, which it might be expected to do in the absence of measures taken by the Minister, this will have an adverse effect on the ability of newspaper operators to attract advertising for their print editions and to develop viable paid-for digital offerings. This will have serious consequences for media plurality.

The Exercise of Powers under Section 103(9) of the Broadcasting Act 2009

The NNI stresses that it has no objection in principle to RTÉ’s proposed digital expansion. However, it is important that its proposals are seen in the context of the current competitive framework for the media, where RTÉ, as the main public service broadcaster, is able to engage in unfair competition with independent operators, including newspaper publishers in Ireland.

NNI believes that it is clear that the introduction of the proposed channels will have a serious impact on newspaper readership and advertising revenues and that media plurality could be compromised if this exacerbates the difficulties faced by newspaper publishers in their traditional print and new digital activities.

Furthermore, the increase in content available to RTÉ from the proposed new services will no doubt be utilized for commercial purposes on www.RTE.ie and mobile apps.

55 In these circumstances, the NNI believes that it would be appropriate for the Minister, assuming that he grants consent to the proposed services, to attach particular terms or conditions to such consent in order to safeguard media plurality.

NNI would respectfully ask that the Minister considers attaching terms and conditions to any consent along the following lines:

1. That the current limits on advertising time be revised to take account of the fact that advertising is now available over a wide range of channels. A cap should be set which will ensure that the old/new channels carry no more advertising as a whole than is currently carried by the existing channels as a whole.

2. That no advertising, sponsorship or related commercial activity be carried on RTÉ News Now.

3. That no advertising or sponsorship of any kind is permitted on RTÉjr.

4. That no advertising, sponsorship and sub-site hosting be allowed on www.RTE.ie when viewed within the jurisdiction.

Although this is not part of the current consultation, NNI ask that RTÉ’s existing mobile app offering be withdrawn until it has been the subject of a full sectoral impact assessment and public value test. This process should also apply to any further apps prior to any launch.

The NNI also believes that, given the additional threat to media plurality posed by the introduction of the proposed new services, the Minister should also address the State aid and fair competition issues arising from RTÉ’s current advertising practices, including the appropriateness of cross-platform bundling and the continued failure to ensure that there is an appropriate transparent arms’ length relationship between RTÉ’s public service and commercial activities.

56 22 Doireann O'Callaghan

I would like to request that RTE’s new 24/24 news channel would contain multilingual news bulletins.

I make this request in both a professional and personal capacity.

Firstly, as a language lecturer (Spanish & German), I am keen to ensure that every possible avenue is available to motivate my students and to provide for their cultural, linguistic and educational needs. In this respect, my request addresses subsections 5.2, 5.3 and 5.4 of your consultation document.

Furthermore, I have two young children and we speak German and Spanish at home. It would be a wonderful opportunity for us to be able to access modern European languages on television and thus enable us to improve our language skills.

57 23 RTÉ Audience Council

I refer to the letter (dated 12 November, received at RTÉ 16 November 2010) inviting the views of the Audience Council on the proposal of RTÉ to launch new channels on its DTT in May 2010.

Your letter, and the issue to which it refers, was due for consideration at the meeting of the RTÉ Audience Council scheduled for 2 December. Unfortunately, weather conditions dictated that this meeting had to be deferred. As the Department’s deadline for receipt of observations on the RTÉ DTT proposal is 10 December, a full discussion of the proposal at a plenary meeting of the Council will not now be possible.

However, telephone consultation with members of the Audience Council permits me to forward a brief response to the proposal. As the Audience Council is likely to be giving more detailed consideration in the near future to the wider strategic aspects of the DTT network, as it builds out over the next two years, I would hope that further opportunities will be available to the Council for more extensive comment on this particular aspect of RTÉ’s mission as a public service broadcaster. For example, there are a number of issues relating to the general question of access and DTT, which the Council intends exploring further, with RTÉ and more widely, as appropriate.

But, for now, and with regard to the specific proposals for five new services contained in the RTÉ proposal, I wish to inform you that the Audience Council supports the RTÉ proposal. The Audience Council is of the view that the proposed new services have ‘the character of a public service’, and that they are consistent with RTÉ’s strategic aims and with its responsibilities as Ireland’s main public service media organization.

24 Dr Maria Scott

Ireland is now a multilingual country, and there is a very real need to give due recognition to the presence of other cultures and nationalities in our Republic. There is also a need to address the linguistic needs of our population in an ever more competitive global job market, and in the context of our acceptance of our responsibilities as an EU Member State. The policy of the EU (Barcelona, 2002) is that every citizen should be able to speak his/her mother tongue plus two other languages. This means that each of our citizens should be proficient in at least one other language as well as English and Irish.

25 Screen Producers Ireland

Screen Producers Ireland response to RTÉ New Service Proposals Consultation

To: [email protected]

From: Screen Producers Ireland

Address: 77 Merrion Square, Dublin 2 Contact: Tel: 01 6621114 Email: [email protected] Web: www.screenproducersireland.com

Who Are We? Screen Producers Ireland has almost 150 production company members. The organisation lobbies government on policies relevant to the audiovisual sector. It negotiates, on behalf of its members, terms of trade agreements with Broadcasters, Unions and other relevant industry organisations. It provides services and information to members and promotes the development of film, television and animation production, key industries in Ireland's economic development.

Date: 10th December 2010

Consultation Questions:

1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland? Please support your response;

Response: Yes, we believe these additional/enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland.

We consider the proposed launch of the new digital channels listed on page 6 to be an enhanced service to the public. Particularly channel 3. RTÉ JR aimed specifically towards young children aged 0-6 yrs and channel 2 RTÉ News Now.

60 2. For each service, please indicate whether you consider the service assists RTÉ in pursuing its public service objects as detailed in Section 114 of the Broadcasting Act 2009 (Annex 1). Please provide reasons for your responses.

Response: Generally we consider that the service assists RTÉ in pursuing its public service objects. Particularly in the following categories of Section 114 of the Broadcasting Act:

3. RTÉ News Now: Section 114 (1)(d) Section 114 (1)(i) Section 114 (3)(b)

5. RTÉ Aertel Digital: Section 114 (1)(b)

3.3 a source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards;

Response: While we welcome the new channel no. 3 RTÉ Jr, we do not feel the proposal with respect to its schedule will be a source of innovatory and varied content. In phase one, the proposal is to loop the suggested block of programmes during the hours of 0700/1100 – 1900. The indicative block is 2 hours 45minutes and the window will be 8 hours, therefore allowing for approximately 3 loops. In phase 2 the window will be 12 hours allowing almost 4 and a half loops. We feel if the new channel is to be compatible with the AVMS Directive it is important that blocks, particularly in phase 2 are allowed to be looped only once each day thereby driving more and varied content.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how?

Response: The proposal is lacking in detail and specificity in relation to costs so it is difficult to make an assessment in this regard. However the independent Production sector is extremely conscious of the reduction in advertising revenue to RTÉ that has resulted from the economic downturn. The net result of this has been a dramatic fall of 24% in revenue spent on independently produced programmes, commissioned by RTÉ for the last set of audited figures made available, 2008/2009.

2008 - €72.2 million 2009 - €54.6 million

61 Screen Producers Ireland feel that this reduction in the IPU annual budget is disproportionate to other production and administration budget cuts within RTÉ.

In Budget 2011 RTÉ will suffer a further revenue reduction because of the reduction by €10m in the amount of the licence fee income they will receive. The Independent Producers are already fearful of the effect of this loss on their sector.

Therefore, the cost associated with the proposal to provide five new channels is bound to have a further effect on the Independent Production Unit budget.

Existing public service objects includes Section 114(3)(a) “provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity”.

It is difficult to see how this objective can continue to be met adequately when the provision of these new services are expected to be paid for, using existing income which continues to fall.

However, due to the lack of specifics in the proposal, of costs associated with the provision of the services, it is difficult to provide a more detailed analysis in this regard.

(i) diversity of content,

Response: In the current proposal, particularly for Channel 3 RTÉJR Phase 1, it is difficult to see diversity of content over and above what currently exists. It is also difficult to have a longer term view, for example of Phase 2, due to the lack of detail provided for in this Phase.

(ii) Diversity of ownership

Response: As all the new channels will be owned and controlled by RTÉ we do not consider that the new services will help contribute to diversity of ownership.

26 Sky

New RTÉ Services Proposal

Response from BSkyB

Sky welcomes the opportunity to respond to the Department of Communications, Energy and Natural resources consultation on “New RTÉ Services Proposal”. As a major investor in both infrastructure and content in Ireland, and its position as the largest digital television platform , Sky recognises the importance of promoting a vibrant competitive communications sector to address the needs of the Irish consumer. Broadly speaking, Sky’s concerns relate to the deficiencies in the process undertaken in considering the proposals and to the significant potential risks associated with the proposals if appropriate procedures are not followed. In summary: - the Department should clarify the interaction between the public value test and sectoral impact assessment in order to provide an effective means of assessing the proposals, in addition to consulting further once the outcome of the sectoral impact assessment is known; - it is unclear whether the proposals satisfy the European Commission rules against state aid; and - if the proposals are permitted, then RTÉ must be placed under an appropriate obligation not to discriminate in favour of its own platforms and services in relation to access to its channels and in relation to on-air communications. Each of these points is examined in more detail below.

1. The Public Value Test Section 103 of the Broadcasting Act 2009 (‘the Act’) requires that the Minister conduct a number of consultations when considering whether to approve proposals for RTÉ to launch new services. In particular, the Minister is required to: - consult with the broadcaster concerned and other persons, as he sees fit; - consult with the Broadcasting Authority of Ireland as to the sectoral impact of the proposals; and - consider the public value of the proposals, before publishing a statement outlining the consultations and providing access to any responses.

63 The factors that the Minister must consider in deciding on the public value of a proposal are set out in section 103(8) and include: - “the importance of the proposal in respect of the pursuance of the public service objects of the corporation”; - “the extent to which the proposal contributes to meeting the democratic, cultural, linguistic, educational, and social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland”; and - “the costs and revenues associated with the proposal and any impact on existing public service provision”. However, it is not at all clear how the output of the ‘public value test’ element will be assessed against the results of the Minister’s other consultations, or how the Minister will come to his decision as to whether to consent to the proposals, and what conditions ought to apply if he is minded to consent. As such, the process undertaken in relation to the proposals could be improved upon as it currently provides considerable uncertainty for respondents. We understand that the sectoral impact assessment will form part of and inform the public value test. The Department should consider whether to provide formal guidance on whether and how the outcome of the sectoral impact assessment will be reviewed against any output from the public value test. In Sky’s view, there is considerable merit in following a staged process, conducting the public value test (an inherently subjective assessment based on the judgment of the Minister) prior to the sectoral impact assessment. Such a process would have the following benefits: - The Minister could more easily propose changes to the proposals in order to maximise the public value of the proposals without invalidating the sectoral impact assessment which is conducted on the basis of the proposals submitted by RTÉ, rather than those approved by the Minister; - It would avoid the Minister’s decision being tainted by the subjectivity of the public value test, ensuring appropriate accountability and transparency; - It would facilitate the conduct of an independent and objective sectoral impact assessment designed to calculate the negative market impacts of the state intervention in the market. If that impact were found to be above a certain threshold, then the proposals would not be permitted. Such a ‘bright line’ test would provide greater certainty for commercial operators, thereby encouraging investment and innovation in the sector. - It would allow for a more appropriate timetable for consideration of the proposals, rather than the four week period permitted for the present consultation. The European Commission sets a period of eight weeks for written consultations while in the United Kingdom consultation periods must be at least twelve weeks. In the light of this, it would be appropriate to consider a further consultation on the proposals once the outcome of the sectoral impact assessment is known.

64 2. Compatibility with the European State aid rules Section 108(3) of the Act allows the Minister to consider “such matters as the Minister may decide” in deciding the public value of the proposals. Such additional matters should include the compatibility of the proposals with the European state aid rules, and in particular, with the ‘Communication from the Commission on the application of State aid rules to public service broadcasting’ 2 (in addition to compatibility with the ‘Council Directive’, as defined in the Act), and should form part of the Minister’s report of his assessment. The consultation states that: “RTÉ is currently planning to deliver these services without there being any additional cost to the Irish licence-fee payer as, where possible, the new channels will be created using existing resources.”(p.7) There are a number of important consequences arising from this aspect of the proposals. First, if permitted, the new services may constitute state aid as an intervention by means of state resources, liable to affect trade between member states, conferring an advantage on RTÉ that distorts or threatens to distort competition. The proposals are unlikely to benefit from the Altmark decision3 as not constituting aid as there appears to have been no assessment of the level of compensation required to provide the services, or assessment of RTÉ’s costs. Such an assessment may, however, form part of the sectoral impact assessment, and therefore this objection may be overcome. Second, if it is financially viable for RTÉ to provide these new services without the need for additional funds, then there appears to be a case for examining whether RTÉ is or has been overcompensated for the provision of its existing services (noting that the cost of the services is in addition to the cost of providing the multiplex and DTT technical infrastructure). Such overcompensation could also be a breach of the state aid rules. State aid rules mandate a clear definition of the public service remit for each service, and that RTÉ should be formally entrusted with the obligation to provide such services.4 In this regard, the proposals lack clarity as to the entrustment mechanism relating to the launch of the new services using public funds. In particular, it is not clear how the proposals will be formalised for the purposes of defining, to an appropriate extent, the public service remit applicable to each new service. The mandate contained in the Act is insufficiently precise, for example it would not be sufficient to refer to the factors to which the Minister must give consideration in assessing public value of a proposed new service (at section 103(8)). Accordingly,, it will be essential that the relevant Order (if made) prescribe the nature of the services to be provided in sufficient detail as to enable appropriate supervision of compliance with the public service remit.5

2 OJ 27.10.2009, C257/1, noting that this Communication post-dates the Commission’s decision of 2008 in relation to “State financing of Radio Teilifís Éireann (RTÉ) and Teilifís na Gaeilge (TG4)”.

3 Case C-280/2000, Altmark Trans GmbH and Regierungsprasidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH (2003) ECR I-7747. 4 Whether in relation to the first Altmark criterion, or under Article 106(2) TFEU. 5 Sky notes that in relation to the UK public service regime, the BBC’s public services each have a ‘service licence’ including detailed information about the service, such as the scope of editorial content, budget and distribution.

65 In addition, Sky would welcome clarification as to how the establishment of both Saorview and Saorsat has complied with the requirements of the State aid rules. For example, it is unclear as to why a similar consultation process to establish the public value of these services and a sectoral impact assessment have not been carried out in respect of these services.

3. The principle of technological neutrality The grant of aid must not distort competition. Accordingly, the European Commission has applied the principle of technological neutrality in various decisions relating to aid for new services and schemes aimed at promoting digital switchover.6 Accordingly, the Minister should give appropriate consideration to this principle when examining the proposals, in particular in relation to: - Conditions relating to access to the new services, if permitted; and - The cross-promotion by RTÉ of the new services and their availability over the various distribution platforms. Non-discriminatory access to the new services The proposals note that “RTÉ proposes to launch these on a short technical and market testing basis on its new digital terrestrial television and satellite platform in Q2 2011 and to make them available on other platforms such as pay TV platforms including satellite, cable and IPTV thereafter in accordance with the “must carry” and “must offer” provisions of section 77 of the Broadcasting Act 2009.” The Minister should ensure that all platforms have equal access to the new services and that no platform is granted preferential access. Such an outcome must be in the public interest in order to ensure the widest possible audience for those services found to have ‘public value’ and minimal sectoral impact. In this regard, Sky notes RTÉ’s statement in the consultation document (pg 24 - section 4 of the consultation document) where it confirms its objective to make the services “available on as many digital platforms as is feasible…. …these are expected to include cable, IPTV and digital satellite, subject to the agreement of fair, reasonable and non discriminatory terms” Sky would expect that FRND terms in this instance would mean that these new services would be made available to Sky’s digital satellite platform on terms that were equivalent to those on which the same services are provided to RTE’s proposed ‘Saorsat’ service, in order to avoid any unnecessary and disproportionate distortion of competition. Non-discriminatory promotion of the new services In its review of the UK cross-promotion rules, Ofcom found that the UK terrestrial broadcasters had an incentive to favour cross-promotion of services on DTT over other platforms due to their higher viewing shares on that platform (as a result of the fact that this platform supported fewer services than, for example, digital cable and satellite), coupled with those broadcasters’ ownership interest in the DTT

Such detail provides an important basis for subsequent assessment and supervision both by the Trust and third party stakeholders. 6 See for example, the Commission’s findings in relation to the Berlin-Brandenburg, Mediaset and Spanish DTT cases.

66 multiplexes.7 Ofcom highlighted the particular risk associated with such incentives during digital switchover which justified ex ante regulation. There is a material risk that, absent specific conditions requiring non-discriminatory promotion of the new services, RTÉ would not be incentivised to promote its new digital services on a platform-neutral basis. This would clearly be discriminatory and contrary to the public interest in promoting digital switchover, in addition to the likelihood of an adverse impact on competition between digital retail TV services and digital TV platforms. For the avoidance of doubt, there is nothing in section 130(1)(c) that requires RTÉ to discriminate in favour of its DTT platform, and it is entirely reasonable to expect it to promote that service in addition to the availability of its services on other competing platforms. Sky notes in this regard that the European Commission has given clear guidance on acceptable forms of public support for the digital switchover, and that accordingly there is no basis for favouring the availability of RTÉ’s new services on DTT at the expense of other forms of distribution. The Commission has said that it would look favourably on the following: - funding for the roll-out of a transmission network in areas where otherwise there would be insufficient TV coverage - financial compensation to public service broadcasters for the cost of broadcasting via all transmission platforms in order to reach the entire population, provided this forms part of the public service mandate - subsidies to consumers for the purchase of digital decoders as long as they are technologically neutral, especially if they encourage the use of open standards for interactivity - financial compensation to broadcasters which are required to discontinue analogue transmission before the expiry of their licences, provided this takes account of granted digital transmission capacity.8 Accordingly, discriminatory promotion of a particular platform by a public service broadcaster would not be an acceptable form of public support. 4. Conclusion The Minister has an opportunity to ensure that viewers in Ireland are provided with new services which benefit all viewers and listeners across all platforms without negatively impacting existing providers of audiovisual media services. In doing so, it is imperative that his decision follows an appropriately robust and transparent process, which facilitates an evidence-based approach to sectoral impact assessment and determination of the public value of the proposals. Only through such a process will the Minister ensure that innovation and investment by the commercial sector will not be crowded out.

Sky December 2010

7 See, for example, paragraph 5.38 of Ofcom’s statement on its ‘Review of Cross-promotion rules’. 8 See the Commission’s press release in the Berlin-Brandenburg case.

27 Mairéad Seery

I would like to request that RTE’s new 24/24 news channel would contain multilingual news bulletins.

I make this request in both a professional and personal capacity.

Firstly, as a language lecturer (French / German), I am keen to ensure that every possible avenue is available to motivate my students and to provide for their cultural, linguistic and educational needs. In this respect, my request addresses subsections 5.2, 5.3 and 5.4 of your consultation document.

Furthermore, I live in a bilingual household as my husband is French and I would like the cultural, linguistic and educational needs of my three young children to be met by the new broadcasting service.

28 Shane Smith

These are my comments on the above. Specifically with reference to Section 5 (RFC) of the proposal: 1. I do not agree. RTE is a burden on the taxpayer. Ergo an increased service offering will result in a requirement for increased subvention. 2. Broadly I do not. Only one channel is required to fulfil PSOs. 4. In today's financial climate any responsible minister will eventually curtail subvention levels, meaning the money is spread more thinly. 5. New services/channels will not add to the current ability. 6. Choosing MPEG4 instead of MPEG2 for SD services is a mistake. MPEG2 receivers and TVs are commonplace and virtually free, due to our proximity to the UK (We are not under any spectrum or bandwidth pressure either.) This will limit the uptake, forcing many viewers onto more complete packages as offered by cable and satellite. 8. No. It's TV service. Technology is hidden from the user. 9. No. It's all RTE.

In my opinion the four analogue channels should be launched on a cheap MPEG2 DVB-T system, with 7-day EPG. RTE News could also be added as its just re-runs. 3e could also be added as it's not funded by the tax payer. And leave it at that.

Anyone that wants more let them pay for Sky or UPC or Casey Cable etc.

29 TV3

Executive Summary

RTÉ is proposing five new channels which provide virtually no additional value for consumers but which will suffocate commercial broadcasting. RTÉ already receives 93% of the licence fee and 60% of commercial advertising in the market to make it the best funded per capita State broadcaster in Europe. RTÉ’s share of commercial revenues is by a multiple higher than almost any other EU broadcaster, making it close to impossible for commercial broadcasters to exist. RTÉ now wants to grow its share of commercial revenues and place a potentially massive burden on citizens at a time of severe economic hardship.

In two key respects, RTÉ’s proposals are extremely damaging. Firstly, RTÉ will constrict funding for commercial broadcasters to such an extent that they (TV3) will be put out of existence. Currently the Competition Authority is completing an investigation into RTÉ’s apparent abuse of dominance in its advertising sales practices, but now RTÉ is proposing extending that dominance. Secondly, RTÉ’s proposals are an extension of State dominance in broadcasting, restricting plurality at a time when every democracy is increasing plurality and diversity of services. Immediately 80% of the new transmission platform would be State broadcasting. Not only does this deny citizens a choice of views and services, it will raise questions internationally about the nature of Ireland’s democracy.

RTÉ also have complete control over the transmission market. This It is already a unique situation in European broadcasting that the State broadcaster has complete control and ownership of the terrestrial transmission market (as recently as the 3rd December 2010, ComReg stated that both the analogue and digital transmission platforms needed to be subject to stringent controls due to RTÉ’s dominance in both.)

While nothing other than a rejection of RTÉ’s proposals can solve these issues, RTÉ’s proposals might merit more sympathy if they offered genuinely additional or new services for viewers. But they don’t. RTÉ is proposing to launch: RTÉ Plus, initially a +1 channel (for which there is no apparent demand) but to become a general entertainment channel playing out foreign imports to compete with TV3. This “nationalisation” of commercial content is a uniquely mad proposal and shows a complete disregard for the economic hardship of citizens. Instead RTÉ should be reducing its licence fee by stopping the acquisition of surplus content; RTÉ TWO HD, a convenient proposal to monopolise all sports content (particularly when the Department is currently proposing that sport content such as rugby be only available to FTA channels). Again, citizens will have to pay, whereas if the content was on commercial channels such as TV3 it would be free to citizens (who should expect a reduction in the licence fee). RTÉ NEWS NOW, a channel which initially will rebroadcast RTÉ’s news programmes. There is no value. RTÉ jnr and RTÉ Aertel. Services which RTÉ already provide.

71 RTÉ’s emphasis on acquired programming is in sharp contrast to what is happening elsewhere in Europe. In the BBC Trust Final Report in November 2010, the BBC has set out principles which will underlie its approach to acquiring programming. They have undertaken to cap its expenditure at 2.5p in every licence fee pound, which will lead to a reduction of 20% in its expenditure on acquired programming from 2009 – 2010 levels. They have also undertaken not to enter into a competitive bid with any other UK broadcaster for acquired programming other than in specific circumstances where the programming in question meets the BBC’s strategic objectives.

We are also concerned that the consultation document makes reference to only one binding European Union document, namely the AVMS Directive, but have made reference to several non-binding documents such as the recommendations of the Council of Europe. In particular there is no reference to the Broadcasting Communication on State Aid, which is part of the binding EU treaties. Finally, the consultation ignores the fact that there is an alternative proposal from TV3 for use of the DTT platform, a proposal that is balanced, innovative and realistic. It seems like an abuse of State power and control to consult on its own plans at the expense of any other plan. If the State approves the extension of State broadcasting to 80% of the free terrestrial platform it will be a very bad day for Irish broadcasting.

RTÉ PROPOSAL IN BRIEF

The RTÉ proposal is to launch 5 new channels as outlined above. RTÉ expects the coverage level for its DTT service to have reached 98% population coverage by Q4 2012. In relation to costs, RTÉ states that they plan to deliver these services without any further cost to the Irish licence-fee payer, as the new channels will be created using existing resources where possible.

a) RTÉ TWO HD Select: This service will replicate the existing RTÉ 2 service but in HD. It allows for delivery of excellent sound and picture quality and replicates the trend in other European countries as one of the benefits of adopting DTT. RTÉ 2 HD will carry the same advertising as is currently on the existing RTÉ 2 channel.

b) RTÉ News Now: This is a looped 24 hour news service. It is currently available worldwide on several websites. It will replicate the content of the existing online news service and will include daily RTÉ news bulletins, weather and RTÉ current affairs programmes. RTÉ believe this will be of limited appeal to advertisers initially, but in the medium to long term that an affiliate advertising model could be applied to weather forecasts, travel updates etc

c) RTÉ jnr: Children’s channel that will not carry advertising

72 d) RTÉ Plus: This channel will share spectrum with RTÉ jnr and will be broadcast from 1900 -0200). In phase one (commencing May 2011) it will replicate the RTÉ 1 service an hour later. In phase two (commencing May 2012) it is planned to introduce a unique schedule. In phase one the advertising will be the same as on RTÉ 1, in phase 2 it will be sold as a separate channel.

e) RTÉ Aertel Digital: This is a proposed digital information system which will provide fast, accessible and up-to-date news, sport and weather services. The advertising on RTÉ Aertel Digital will be similar to that currently carried on RTÉ Aertel.

Technical Information re DTT Services

a) Spectrum: RTÉ has the option of up to two national multiplexes. The channels will be encoded in MPEG4. Each mux can deliver 24.128Mbps and after overheads 46Mbps is available across the two muxes. RTÉ plans to use statistical multiplexing and as part of this pool the HD service will use an average bit rate of 6.3Mbps, RTÉ News Now 2.2 Mbps, RTÉ jnr and RTÉ plus 2.2Mbps and RTÉ Aertel Digital 1.0 Mbps.

b) Picture Quality: The picture resolution for RTÉ 2 HD will be 1440x1080i and for the others it will be 544x576.

c) Technical Requirements for Households: Households will require a DTT receiver, Set Top Box (STB) or integrated Digital TV (iDTV) compliant with the minimum receiver specification which has been published since 2008 (www.rtenl.ie) and a UHF receiver aerial. ANSWERS TO THE SPECIFIC QUESTIONS:

1. Do you agree that these additional/enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland?

There is virtually no value from these services for the public. Whatever value there is comes at a very high cost and will lead to the end of a commercial broadcast sector in Ireland. RTÉ’s proposal is for a mish-mash of channels which will take up all the bandwidth available on the platform to prevent other operators developing genuinely new services. In summary RTE is proposing: RTÉ Plus, initially a +1 channel (for which there is no apparent demand) but to become a general entertainment channel playing out foreign imports to compete with TV3. This “nationalisation” of commercial content is a uniquely mad proposal and shows a complete disregard for the economic hardship of citizens. Instead RTÉ should be reducing its licence fee by stopping the acquisition of surplus content;

RTÉ TWO HD, a convenient proposal to monopolise all sports content (particularly when the Department is currently proposing that sport content such as rugby be only available to FTA channels). Again, citizens will have to pay, whereas if the content was on commercial channels such as TV3 it would be free to citizens (who should expect a reduction in the licence fee). RTÉ NEWS NOW, a channel which initially will rebroadcast RTÉ’s news programmes. There is no value.

RTÉ jnr and RTÉ Aertel. Services which RTÉ already provide.

Even with vast funding, RTÉ have still been operating at a deficit for two years. They dominate the rights market by buying up rights to programmes they cannot show (in particular US dramas). RTÉ state in their proposal that “[M]any prestigious acquisitions are currently broadcast in late peak and late night on RTÉ One and RTÉ Two. This is because peak-time slots are primarily reserved for home-produced programmes and indigenous series. RTÉ Plus will afford the opportunity to run these series in primetime as premieres.” This confirms that RTÉ currently buy programmes that they cannot show, indicating a clear waste of viewers’ licence fees, at a time when many people are struggling financially. It is likely that providing RTÉ with further channels will result in them buying further rights as they have demonstrated that they are unable to efficiently source content for channels. The additional content that RTÉ are proposing to show on these new channels comprises mainly US programmes and are not related to Irish culture or tradition and are broadcast on commercial Irish and UK channels that are freely available here.

RTÉ has a poor record of launching new services successfully. For example, in 2009, 20 years after its launch, RTÉ Two operated at a deficit of €15m. In fact, the only service that operated at a profit for RTÉ in 2009 was a non- broadcasting related service called “other” in their financial statement, which we believe includes RTENL, a service that TV3 is required to use at excessive charges. We do not believe that providing RTÉ with further channels will benefit the Irish public with any further value, and in fact, we feel that it is likely to be an extension of the type of programming currently shown on RTÉ and will include little to no new or innovative content. It is evident that currently the investment in RTÉ is completely disproportionate to the benefit received by the public and that ultimately any new service will be likely to require further funding.

While TV3 believe that having a full DTT multiplex is important, we feel that RTÉ’s proposed channel “line-up” is not an effective use of available bandwidth. To use the new DTT service to effectively simulcast content already been shown on RTÉ, or to enable them to broadcast the US content they have been warehousing, is not beneficial to the public in any way and will not provide additional support to the launch of DTT. TV3 proposed an alternative channel line-up for DTT, which we felt was more in keeping with the requirements of the Broadcasting Act 2009. This proposal included a HD sports channel on which all Irish broadcasters could show their sporting events in HD. RTÉ have indicated that such a joint venture Irish sports HD channel

74 would be prohibitively expensive to launch and operate, yet they propose to launch just such a channel for RTÉ only and at a similar cost base. We do not believe that TV3’s proposals have been seriously considered to date.

As RTÉ have already thwarted any attempt by outside investors to become commercial operators of DTT in Ireland, we believe it would be remiss of the Minister to allow RTÉ to fill all available bandwidth, on a DTT multiplex wholly owned and operated by them, with RTÉ content. RTÉ are already heavily dominant in the broadcast sector in Ireland, to accept their proposed channel line-up would effectively put any commercial stations out of business through further dominance in the advertising market, as well as allowing them to become dominant in the new HD market in Ireland. We believe that any further dominance by RTÉ in the sector would lead to a situation where RTÉ have a monopoly, not only over the DTT multiplex, but also over the content shown on DTT and over the emerging HD technology. This is a situation that would effectively rule out any diversity or plurality in the sector, ensuring that viewers will have a greatly reduced viewing experience and will eventually lead to loss of employment, not only in the commercial broadcast sector but also in independent production.

2. For each service, please indicate whether you consider the service assists RTÉ in pursuing its public service objects as detailed in Section 114 of the Broadcasting Act 2009.

a) RTÉ Plus: S.114(2)(a) and (c) require RTÉ to be responsive to the needs and concerns of the entire community, while also formulating public awareness of the values and traditions of countries other than the State, including in particular those of other Member States. It is clear that the proposed RTÉ Plus service will not assist RTÉ in meeting these objects, as it is proposed, in phase one, to be a service that will broadcast the RTÉ One content an hour later. WIn phase two, when it is clear that the service will simply be used to provide even more US programming than RTÉ Two currently does, there is also no sense that the service will meet any of the public service objects From RTÉ’s proposal it is evident that their intention is to use RTÉ Plus to show acquired content that they have been unable to show due to time constraints. As this is largely US programming, RTÉ Plus will not be of assistance to RTÉ in fulfilling its public service objects. The purpose of RTÉ plus, we believe, is to compete with TV3. There is no benefit to the public from this, since all RTÉ will achieve is the closure of TV3 by acquiring and showing content that TV3 now shows. The public will however then lose the public service content of TV3, the only alternative to State broadcasting for TV News and Current Affairs.

75 b) RTÉ News Now: We believe that the RTÉ News Now service may superficially assist with RTÉ’s pursuance of its public service objects, as it is required under s.114(3)(b) to provide news , current affairs programmes and coverage of proceedings in the Oireachtas and European Parliament. However, from RTÉ’s proposal it appears that the majority of the content on this channel will be a looped news service, repeating the RTÉ news several times a day. As there is provision in the Act relating to the creation of a separate Oireachtas channel under s.26 (1) (a), we believe it would be more in keeping with the Act and the requirements of the people of Ireland, particularly at a time of political unrest, to use this bandwidth to create a channel dedicated to reporting the proceedings of the Oireachtas and the European Parliament. Earlier this year, RTÉ made it clear, when they were questioned about the late hour at which the Oireachtas Report was broadcast, that they would opt for commercial programming over the provision of these services. RTÉ stated that “Desperate Housewives” had a much larger audience than the Oireachtas Report and as such that it would be unrealistic to broadcast Oireachtas Report earlier in its place. TV3 would submit however that RTÉ have a statutory obligation to broadcast the Oireachtas Report and to do so briefly on the proposed RTÉ News Now service does not adequately fulfil this obligation. More threateningly, RTÉ may use its News Now channel to claim it is meeting its public service remit and thereby free up airtime on RTÉ One and Two for more entertainment programming to compete with TV3 and to prevent new commercial channels emerging. Thus News would be ghettoised (as has happened with Irish language programming, now almost solely only on TG4, despite RTÉ’s licence fee income). c) RTÉ Two HD: In respect of the RTÉ Two HD service, we do not feel that it assists RTÉ in any way with the fulfilment of its public service objects. According to RTÉ’s proposal, it is intended that this service will be a simulcast of the existing RTÉ Two service in HD. The current RTÉ Two channel broadcasts an extremely high percentage of acquired US programming. At primetime, RTÉ Two shows well over 70% acquired US dramas that are also shown on UK opt-out channels. S.114 (3) states that the broadcast schedules of RTÉ must, inter alia, provide a comprehensive range of programmes in the Irish and English languages, which entertain as well as inform and educate, while also assisting contemporary cultural expression and promoting innovation and experimentation in broadcasting. We do not see how broadcasting acquired US dramas as the main part of the schedule, assists RTÉ’s fulfilment of public service objects. We do not

76 believe that showing these programmes in HD will correct this situation. While TV3 support the use of the HD technology, as outlined above, we feel that the complete dominance by RTÉ in this area is completely at odds with the spirit of the Broadcasting Act and the intention to cultivate and promote the broadcasting sector in Ireland. It should also be noted that it is clearly illegal and anti-competitive under EU law for a state monopoly (or broadcast infrastructure in this case) to use its dominant position in one market to create dominance in another (in this case High Definition Digital Transmission). The RTÉ HD proposal excludes the opportunity for other broadcasters to provide HD services. RTÉ has a dominance in sports rights which far exceeds anything seen in any other EU territory. Sports rights have been recognised by the EU and other authorities as essential for commercial broadcasters to access certain audiences (mainly young males). RTÉ will use its HD service to exclude TV3 from the sports market altogether. Once again the consumer will be short-changed, and ultimately will have to pay for RTÉ’s desire from complete dominance through an increase in the licence fee (or no reduction). TV3, being denied access to the DTT platform for HD broadcasts, will cease its investment recently announced for a new HD studio.

3. The compatibility of the proposal with the AVMS Directive and recommendations of the Council of Europe in respect of public service broadcasting and in particular the extent to which the proposals address the following:

TV3 believes there is a general point to be made in regard to compatibility with European Law generally.

The Competition Authority is now conducting an in-depth market inquiry to determine whether RTE is currently abusing its dominant position on relevant television markets in violation of EU and Irish competition rules. The RTÉ proposal, which would allow RTÉ to massively expand its television advertising capacity, would significantly enhance RTÉ's position and power on the very market currently under Competition Authority investigation. This gives rise to questions of legality of any consent to the RTÉ proposal under Article 102 (ex Article 82 EC) and Article 106 (ex Article 86 EC) of the Treaty on the Functioning of the European Union. Equally, in light of the Competition Authority investigation, questions as to the legality of the implementation of the RTÉ proposal under Section 5 of the Competition Act 2002 arise. In addition, for much the same reasons, the RTÉ proposal would appear to raise serious State aid issues under Articles 107 - 109 TFEU.

With respect to the particular points outlined above, we would like to address each point specifically.

3.1 a reference point for all members of the public, offering universal access;

While these proposed new services will be almost universally accessible as they will be available on the DTT platform, we do not believe that it will be of any further benefit to the people of Ireland, as the proposed channels are, for the most part, a repetition of the existing RTÉ channels, or in the case of phase two of RTÉ Plus, a vehicle to broadcast even more acquired US programming. The existing RTÉ service reaches approximately 98% of the population of Ireland, and it is envisaged that the DTT service will reach similar levels by 2014. We do not believe that to provide identical or similar content to what is shown currently will become “a reference point for all members of the public”. Since RTÉ’s proposed channels are an attempt at a landgrab of the DTT platform, citizens will be denied access to commercial services on the platform. This will reduce choice, plurality and diversity. The platform will be less valuable for viewers to an extent that viewers may decide not to adopt the platform but rather pay for paid platforms. This is a further burden on citizens at a time of severe economic hardship. Giving citizens the choice of “for free, get a load of State broadcasting (and continue paying a big licence fee” or “pay, if you want any diversity” is not a fair outcome.

3.2 a factor for social cohesion and integration of all individuals, groups and communities;

As discussed above, the proposed RTÉ channels do not appear to include any new or innovative material. There are no proposals to produce programming that is relevant to the people of Ireland, or to foster understanding of the diverse cultures residing on the island of Ireland. Therefore, we cannot envisage how the proposed RTÉ services could possibly be a factor for social cohesion and integration of individuals, groups and communities. The vast amount of acquired US and UK programming shown by RTÉ cannot in any way assist in the integration of peoples in Ireland and they have stated in their proposal that the vision for RTÉ Plus is that it will eventually be used to broadcast acquired programming that they have, thus far, been unable to broadcast at primetime on the existing RTÉ channels.

The most significant factor in broadcasting to enhance social cohesion is the representation of diverse views and opinions; and choice for all tastes. That is why plurality and diversity of services is so important. A platform of which 80% is State broadcasting is the least pluralistic in the Western world, or perhaps anywhere in the world.

78 3.3 a source of impartial and independent information and comment, and an innovative and varied content which complies with high ethical and quality standards;

We are unaware of the extent to which RTÉ currently complies with high ethical and quality standards. With respect to the proposed RTÉ service being “a source of impartial and independent information and comment”, we would submit that this service is merely an increase in the dominance RTÉ currently have in the broadcast sector in Ireland. As such, there can be nothing independent or impartial about these proposed channels as they are clearly an extension of the state broadcaster. TV3 believe that to accept RTÉ’s proposed channel line- up would, in reality, fly in the face of any impartiality and independence in the broadcast sector in Ireland as these channels would in all likelihood force the only independent commercial broadcaster out of business. Were this to happen, RTÉ would have a monopoly in Irish broadcasting, ensuring that there would be no opportunity for any independence or impartiality to exist in the broadcast sector as it would be effectively entirely controlled by the state broadcaster.

3.4 a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals;

As outlined above, we believe it is not possible for any meaningful pluralistic public discussion to take place in a broadcasting environment that is entirely controlled by the state broadcaster. If commercial broadcasters are unable to thrive in a sector so heavily dominated by the state broadcaster, it remains that all public discussion will take place through the state-owned broadcaster. There is nothing in RTÉ’s proposals that suggest there will be a forum for “pluralistic public discussion”. In order to promote the broader democratic participation of individuals in any public discussion, it is imperative that a number of independent broadcasters are in operation in Ireland. This will allow a number of diverse opinions and thoughts to be aired, rather than only the views of the state broadcaster.

3.5 an active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage;

RTÉ currently receives in the region of €200m per year in licence fees, along with c.60% of the advertising spend in Ireland. Not surprisingly therefore, RTÉ has a good record recently of home-production. But so does TV3 on a fraction of RTÉ’s budget. It is clear from the proposed channel schedules in RTÉ’s proposal that the intention is to continue to acquire US and UK content for broadcast on the new channels. There is a distinct lack of any content relating to European cultural heritage.

79 In fact, even on the proposed RTÉ News Now service there is no indication that there will be any coverage of proceedings from the European Parliament at all. The only coverage of European issues appears to be an overnight broadcast of Euronews from 01.00 to 07.00 each morning.

3.6 discharge of the Public Service Broadcasting remit via diverse platforms.

As outlined above, if this proposal is accepted, it will have the effect of eventually forcing TV3 out of business. If this occurs there will be no diversity in broadcasting in Ireland, as all remaining channels will be operated by the state broadcaster. The EU Broadcasting Communication makes it clear that terrestrial commercial stations do fulfil public service remits. In TV3’s case, the language used to describe our obligations is almost identical to RTÉ’s; and TV3 greatly exceeds its specific licence requirements regarding public service output.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how?

TV3 has not been given any cost or revenue information regarding RTÉ’s proposals, nor has the public. Quite how the Department expects the public to answer this question is a mystery.

TV3 has estimated that, at a minimum, the new services proposed by RTÉ would cost €20m per annum and potentially much more as the services develop (see below). We understand that RTÉ claims there will be no additional costs but this is simply because RTÉ has so much income and so much expenditure from its existing services that the €20m cost is “buried” [note: TV3 has outlined its assumptions in its submission to the BAI]. In due course RTÉ will look for more licence fee funding and yet more advertising income.

Existing public service provision from TV3 will be eliminated. The revenue impact on TV3 from RTÉ extending its practice of below-cost pricing of advertising will move TV3 into deficit immediately and will likely lead to the closure of TV3. Since TV3 is the only non-State national TV broadcaster citizens will be badly affected by the loss of plurality.

RTÉ will not be able to provide services unless it gets increased funding. But since RTÉ will be the only broadcaster in the State such funding will have to be made available at a huge cost to the citizens of the State.

With respect to the RTE News Now service, while we note that there is no intention currently to introduce this as a “rolling” news service similar to Sky News, we believe that were this to occur in the future it would have a major cost. A “rolling” news service would be likely to attract a 1% audience share and as such attract advertising revenue in an already deflated market. A

80 service of this nature would cost in the region of €10 – 20m per annum to run and as such it is extremely likely that RTE would request an increase in the licence fee in order to finance the channel

5. How and to what extent do the new channels/services contribute to meeting the:

5.1 Democratic needs of Irish Society, of individual groups within Irish society, and of Irish communities outside the island of Ireland;

It is our view that the proposed channels will not meet the democratic needs of Irish society any further than the existing RTÉ channels do at this point. The proposed channels appear to be merely an extension of the type of programming (acquired US dramas) that is currently broadcast by RTÉ, or a simulcast of the existing RTÉ One and RTÉ Two channels. There is very little content on these channels that would address the democratic needs of Irish society at the moment. If the proposal were to be accepted, we believe that it is more likely to have the opposite effect, as it would force the only commercial broadcaster in the state out of business, which would lead to a loss of a great number of programmes that address the needs of individual groups in Ireland that are currently produced by and broadcast on TV3. In fact, the ensuing lack of plurality and diversity could be said to be a diminution of true democracy in the state.

5.2 Cultural needs of Irish Society, of individual groups within Irish society, and of Irish communities outside the island of Ireland;

The cultural needs of Irish society are not addressed on any meaningful level by the content proposed by RTÉ. None of the programme schedules in their proposal make reference to any increase in cultural programming. As RTÉ’s current schedule is sadly lacking in cultural content, we cannot envisage how the new channel line-up would be likely to address this situation. In respect of RTÉ Two, we feel there is a disproportionate amount of acquired programming from the US (approximately 50-60% of RTÉ Two’s prime time programming in 2010 was non-EU acquired), which is inconsistent with the role of a Public Service Broadcaster as laid out in the Broadcasting Act 2009 and in the Protocol (on the System of Public Broadcasting in the Member States) to the Amsterdam Treaty. RTÉ Two is the Public Service Broadcaster in the European Union that broadcasts all the main US dramas. In 2005 (the last year of which we have full details), the following were the main US studio programmes available in Europe:

The Sopranos Lost

81 CSI Desperate Housewives Prison Break Nip/Tuck

In France, Germany, Belgium, Denmark, Czech Republic, Hungary and the UK, none of these programmes were broadcast on any state- funded channels. In Sweden, Poland, The Netherlands, Spain and Italy, one programme from the list was shown on a state-funded channel. In Ireland, all seven of these programmes were shown on state-funded broadcasters, with six of them being broadcast on RTÉ Two.

The European Broadcast Union (the lobby group for state owned broadcasters in Europe) said in a report in 2005 that “RTÉ is a public service broadcaster where arts and culture have been forgotten”. In the period to which this report makes reference (2004) RTÉ 1 devoted 0.4% of their airtime to arts and culture, while RTÉ Two devoted 0%. We do not believe that this situation has improved significantly. By contrast, in the 2009-2010 period BBC One and BBC Two broadcast over 300 hours of cultural and arts programming.

As the RTÉ Two HD channel is proposed to be identical to the current RTÉ Two channel, but broadcast in HD, and that it has been stated that the RTÉ Plus channel (in phase two) will broadcast even more acquired programming, it is very clear that these proposed “new” RTÉ channels will not satisfy the cultural needs of the Irish public on any level.

5.3 Linguistic needs of Irish Society, of individual groups within Irish society, and of Irish communities outside the island of Ireland;

If we assume “linguistic needs” to mean Irish language programming, then the RTÉ proposal will not contribute to the development of the language, as it is their clear intent to use the RTÉ Plus and RTÉ Two HD channels to broadcast their existing schedule along with some acquired US programming that they have been unable to broadcast. With the exception of a couple of children’s programmes in Irish that will be shown on RTÉ jnr, there is a serious deficiency in Irish language programming in the schedules.

We examined a 7 day period in the schedules of RTÉ 1 and RTÉ Two and could only note two Irish language programmes on RTÉ 1 and none at all on RTÉ Two. In fact, even on RTÉ News Now, a channel that is proposed to be dedicated to news 24 hours a day, there is only one 15 minute slot per day dedicated to An Nuacht.

We do not believe that such a low level of Irish language programming would be sufficient to meet their requirement to broadcast a

82 “comprehensive range of Irish language programming” under s.114 of the Broadcasting Act 2009.

5.4 Educational needs of Irish Society, of individual groups within Irish society, and of Irish communities outside the island of Ireland;

With respect to the educational needs of Irish society, with the exception of a number of educational children’s programming on RTÉ jnr, we do not believe that the proposed RTÉ services will contribute to the educational needs of Irish society. We believe that this indicates that RTÉ are not complying with all of their requirements as a Public Service Broadcaster. Perhaps a service such as the BBC’s Open University or some language teaching programmes would assist RTÉ with meeting these objectives.

6. Your view on the extent to which the proposed channels/services will be accessible by the public

While these proposed services will be available to almost all of the population of Ireland, it would appear from the RTÉ proposal that they will simply be providing content that is already available on the existing RTÉ channels.

7. Your view on the extent to which the proposed services will reach underserved audiences

The current analogue service now reaches approximately 98% of the territory. It is proposed the DTT service will only reach similar levels by Q4 2012. In fact, while TG4 currently has coverage of approximately 96%, it will only reach 92% of the population on DTT. We do not see how this assists in reaching underserved audiences.

8. Do the new services help to raise the level of familiarity of the general public, or of individual groups within Irish society, with new forms of services and technologies?

While there will be some basic education of the population in respect of the reception and use of DTT services generally, this would result from reception of the existing channels on DTT in any case. These proposed services becoming available on DTT will not be of any specific advantage to raising the level of familiarity with the new services and technologies. In fact, RTÉ’s proposed service is likely to reduce people’s levels of interest in the new services and technologies, as they will merely be receiving virtually the same channels as they already do on a different platform. We would submit that, were the DTT mux to be filled with new and varied services, that it would attract a much greater interest from the public.

i. Diversity of content ii. Diversity of ownership

These proposed services will not in any way contribute to media plurality. RTÉ has a dominant presence in media in Ireland, with significant presence across television, radio, publishing and internet. There is a risk that RTÉ will increase their dominance of these industries through cross-subsidisation if RTÉ increases its dominance in television. Plurality is an important feature of media as it is vital that different views are given an opportunity to communicate with the public. It is not acceptable to allow a situation to arise whereby the only Irish broadcaster available to people is the State broadcaster.

It is clear that diversity of content will be virtually non-existent if this proposal is accepted. If independent media companies are forced out of business due to RTÉ’s dominance across the sector, then it will remain that the only Irish television broadcasting channels will be operated by the state broadcaster. As the channels outlined in the proposal do not appear to include any new or innovative content, it follows that the only Irish content available will be the content currently broadcast by RTÉ.

It is evident from the information outlined above that there will be no diversity of ownership in the broadcast sector in Ireland if RTÉ’s proposal is accepted. If this occurs, RTÉ will control over three quarters of the bandwidth available on the DTT platform. If independent commercial broadcasters are forced out of business, this amount could be even higher, leading to a situation where every television station in the country is state-owned. This is a situation that is not beneficial to the Irish people in the slightest. Plurality and diversity are key issues when it comes to any planning relating to the future of broadcasting in Ireland. There could be a real increase in plurality, diversity and a significant improvement in the availability of Irish programming, at little additional cost, if the Minister were to use his powers under section 130 of the Act to designate that the current community television stations (such as Dublin Community TV) be carried on the RTÉ multiplex. It is our understanding that there are numerous similar services available in the main urban areas in Ireland and we would suggest that these services should be carried, at a minimum, within relevant specific regions – for example, Cork Community Television in the south-west and Waterford Community Television in the south-east.

30 UPC

UPC Ireland submission on the DCENR consultation on ‘RTÉ New Service Proposals” Introduction

UPC Ireland (UPC) welcomes the opportunity to present its views on RTÉ’s proposed new services for the new Saorview platform.

As the Department of Communications, Energy and Natural Resources (DECNR) will be aware, UPC currently has a state aid complaint with the European Commission with respect to certain concerns stemming from the legislative provisions related to the funding and roll out of DTT in Ireland. The following observations are made without prejudice to UPC’s position on the issues set out in that complaint.

UPC’s feedback on questions of relevance in the DCENR’s detailed questionnaire are provided in Annex A. The following ‘General Overview’ section provides general commentary on the RTÉ proposal and is also the company’s position to those questions from the DCENR questionnaire for which no individual response has been provided.

General Overview

1. UPC support for the development of new services

On a general note, UPC welcomes the development of new services for the Irish marketplace and recognises both the cultural and commercial importance of having a vibrant local media sector. UPC itself has in the past and continues to support a number of new Irish channel developments and was the first party to support Setanta, Channel 6, City Channel, Channel South and the only platform provider to currently carry the Dublin and Cork community channels.

Saorview and Saorsat (hereafter referred to generically as ‘Saorview’), Ireland’s new DTT platform has been assigned two multiplexes (one to be available immediately and the other to be available post analogue switch-off). The excess capacity that has been granted to the Saorview platform should be utilised for the distribution of programming services which meet a public broadcasting remit in line with the rationale for the granting of this valuable spectrum. In order to justify the creation of these services RTÉ should also seek carriage on as wide a base as possible in order to maximise their reach and ensure that the majority of the licence paying public can view these regardless of the underlying transmission platform.

While UPC has no issue per se with the list of services suggested in RTÉ’s proposal, if not already the case, the BAI and the DCENR may wish to consider whether any of the other national broadcasters have plans to develop new services that may also fulfil a public service remit. In event that this is the case, the relevant authorities may need

85 to consider whether sufficient spectrum is available for all such services, and if not, how it will determine now, or at any point in the future, which services should be granted carriage on the free- to- air (FTA) multiplexes. UPC believes that at a minimum, all those services that already today fulfil a public and community service remit should be guaranteed carriage on the FTA multiplexes.

2. Sectoral impact of RTÉ’s proposed services

The public service remit of RTÉ’s proposed services That RTÉ should be permitted to develop additional services that clearly fulfil a public service remit would seem appropriate and just. However UPC would note that notwithstanding the provisions under in Section 101 of the Broadcasting Act 2009, no definition or statement of what constitutes a public service currently exists.

The lack of any definition creates some difficulty when attempting to determine whether RTÉ’s proposed list of services satisfies a public service remit. A recent European Commission’s Communication provides some guidance by indicating that public services should fulfil the democratic, social and culture needs of society. In the absence of any specific definition in Ireland, it would appear that the services as proposed by RTÉ would, in the main, satisfy those criteria. 9

RTÉ has indicated the new services will be funded from existing resources and at no extra cost to the State. Given the services will be funded by the taxpayer, it will be paramount and indeed obligatory under state aid rules, that RTÉ meets all of its transparency requirements with respect to its financial accounts.

Further, with regard to the carriage fees as set out in Section 8 of the RTÉ proposal, UPC understands these fees relate solely to the fees that RTÉ NL (RTÉ’s network arm) will charge to RTÉ (the state broadcaster). Again transparency in accounts will need to be assured if RTÉ and the State in particular is not to fall foul of state aid rules such as the potential for cross subsidisation either directly or indirectly between RTÉ and RTÉ NL.

DCENR will be aware UPC has a state aid complaint outstanding with the European Commission with respect the roll out and funding of a DTT service in Ireland. That complaint was originally submitted on foot of public declarations by RTÉ with respect to its intentions to procure and offer audiovisual content that clearly fell outside its public service remit. It was also further to a lack of clarity in relation to the funding of the network upgrade (of the terrestrial platform) and concerns in relation to the allocation of spectrum arguably set at an artificially low price.

UPC’s complaint is still with the European Commission. In that context it is only fair to say that as long as RTÉ benefits from state funding and ambiguities continue to exist in relation to the funding of either the proposed new services or the upgrade of the underlying network, UPC will continue to closely monitor developments for the roll out of Saorview.

9 Communication from the Commission on the application of State aid rule to public service broadcasting 2009/C 257/01

Availability of the new services on other digital platforms UPC notes RTÉ’s intention to make services that are approved by the Minister available on as many digital platforms as possible. RTÉ has stated it will make these services available firstly on Saorview and after a period of technical and market testing, they will then be offered to other platforms. UPC has a number of concerns with this proposed approach. Firstly, these services should be made available for testing to all platforms at the same as they are to the Saorview platform. UPC would advocate that these services, funded with taxpayers monies, will be must carry on the cable and mmds platforms and therefore these platforms should be afforded the same opportunity to test the services as Saorview.

In addition, by limiting the services (for an unspecified period of time) to Saorview affords that platform an unfair competitive advantage over all others. Given Ireland’s high pay TV penetration rate (79%), RTÉ should make these services available at the same time to all platforms if it is to avoid disenfranchising large sections of the TV market. Indeed the national reach of the pay TV platforms are already greater than that of Saorview, therefore it is in RTÉ’s own interest to ensure these services are made available to other providers as soon as possible.

3. Carriage of the new services on other digital platforms

UPC’s cable and mmds platforms are currently subject to must carry obligations. At present these obligations apply to RTÉ One, RTÉ Two, TV3 and TG4. The provisions are also applicable to community channels and UPC presently carries both the Dublin and Cork community channels. In the past UPC has been both supportive and willing to have these channels included (at no cost to the channels themselves) in its basic TV packages. UPC would expect that given RTÉ’s new services will be funded with state finances these too will fall under the must carry provisions. In this regard, UPC would expect that the current financial arrangements for must carry services would continue for RTÉ’s proposed services; namely both RTÉ and UPC bear their own associated costs for the production and onward distribution of these services.

In conclusion, UPC welcomes RTÉ’s proposal for new services and looks forward to accessing these for testing as soon as they are available. UPC has always been a strong supporter of indigenous content and will continue to lend this support to RTÉ and other public service broadcasters as they deploy new digital content services.

Annex A

UPC Ireland response to specific questions from the DCENR consultation document

1. Do you agree that these additional / enhanced services will provide further value to the Irish public and additional support for the adoption of DTT in Ireland? Please support your response;

UPC Ireland (UPC) strongly welcomes these new services from RTÉ and looks forward to making them available at the earliest opportunity to UPC’s digital TV customers.

UPC welcomes RTÉ’s adoption of new digital TV services as befits a modern public service broadcaster in the digital age. UPC’s parent company, Liberty Global Inc. operates in eleven European countries and in each territory works closely with public service broadcasters to make available the latest digital TV content of specific national and cultural resonance to our customers in each country. In UPC’s experience, viewers expect that publicly funded broadcasters funded by the licence fee are available on all transmission platforms.

Ireland today already has one of the highest levels of digital TV penetration in Europe at 69.4% with only 21% of homes relying on analogue terrestrial services.10 In this fragmented multi-channel world, UPC considers it essential for Irish public sector broadcasters to deploy new digital TV services to maintain and grow their presence in the digital space to ensure they remain relevant to viewers. The creation of these new services would lead UPC to consider creating a whole new “Irish” category within our Electronic Programme Guide (EPG) dedicated to Irish national channels.11

The proposed services should benefit the DTT platform since the 21% of the population that are solely dependent on this platform for TV services will receive more services than they have in the past. Indeed assuming the licence fee does not increase, the proposed services would represent more value to Irish consumers since they will be getting more for the same financial payment.

It will be important however that these services, funded with state financing are not solely to the benefit of the DTT platform and to the competitive disadvantage of other digital platforms (Please see commentary in the General Overview in the previous section).

10 Source ComReg Quarterly Review Q2 2010. 11 Please note sections in green are confidential and should be blacked out in any publication of this document to the general public

RTÉ Two HD Select The vast majority of Irish homes now have a HD ready TV sets estimated at 992,000 homes12. It is therefore entirely appropriate that RTÉ deploy HD services including sports coverage in HD of unique resonance to the Irish viewer such gaelic games and Six Nations rugby.

RTÉ News Now Similarly, the concept of a rolling 24 hour News service is very well established with viewers with similar services already available from a number of UK and other international broadcasters. The public appeal and utility of a dedicated news service is clear, in particular in times of important breaking national news and current affairs.

The launch of RTÉ News Now would provide RTÉ with a point of presence in the News section on UPC’s EPG, thus helping to maintain the profile of national news versus UK an international news outlets. Indeed UPC would consider allocating RTÉ News Now the first EPG location in our EPG listings so that our viewers can readily access the channel ahead of other outlets.

RTÉjr UPC already recognises the value of the concept of Irish public service broadcasters having a dedicated children’s channel. In this regard it already supports both RTÉ and TG4 by dual broadcasting their children’s content output by including it in the Children’s Section of our EPG (RTÉjr / TRTÉ & CÚLA4). UPC allocates bandwidth to the channels at UPC’s own expense cost and these channels ensure RTÉ and TG4 have a presence alongside UK and international children channels.

RTÉ Plus The concept of an extended / timeshift service is very well established with viewers with similar services already available from a number of UK & international broadcasters. In particular the proposed phase two development of RTÉ Plus to include additional programming not available on the existing channels is particularly welcome and provides a prime example of the benefits of digital TV. UPC believes its viewers would expect that publicly funded broadcasters make such additional content available to all TV platforms.

RTÉ Aertel Digital Digital text services are an important benefit of digital TV and consumers are familiar with using text services when integrated within their EPG. Digital text news services such as BBC interactive and Euronews are already available on platforms such as Sky and UPC. In the UK, the BBC, via its state funding, offers various versions of BBC interactive for a variety of platforms including Sky and Virgin Media. UPC welcomes RTÉ’s proposal for a digital text service and look forward to including this in UPC’s digital TV service.

12 Source: HIS-Screen Digest Screen Digest "TV intelligence data"

89 2. For each service, please indicate whether you consider the service assists RTÉ in pursuing its public service objects as detailed in Section 114 of the Broadcasting Act 2009 (Annex 1). Please provide reasons for your responses.

As outlined above UPC welcomes the introduction of these services on the natural assumption that these services will be made available the Irish public as a whole. We consider these channels essential for RTÉ to maintain its unique position in the new digital landscape.

3. The compatibility of the proposal with the Audiovisual Media Services Directive and recommendations of the Council of Europe in respect of public service broadcasting and in particular the extent to which the proposals address the following; 3.1 a reference point for all members of the public, offering universal access; 3.2 a factor for social cohesion and integration of all individuals, groups and communities; 3.3 a source of impartial and independent information and comment, and an innovatory and varied content which complies with high ethical and quality standards a forum for pluralistic public discussion and a means of promoting broader democratic participation of individuals; 3.5 an active contributor to European audiovisual creation and production and greater appreciation and dissemination of the diversity of national and European cultural heritage; 3.6 discharge of the Public Services Broadcasting remit via diverse platforms.

4. Do you consider that the costs and revenues associated with the proposal will impact on existing public service provision and if so, how? Given the level of detail provided it is difficult to answer this question, however we would expect that the advertising revenues generated from these new channels would outweigh any costs and create a larger sum available to RTÉ. This however may have a negative impact on other commercial channel providers in the state should they not alo be treated equitably and transparently on the Saorview platform.

5. How and to what extent do the new channels/services contribute to meeting the: 5.1 Democratic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; 5.2 Cultural needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; 5.3 Linguistic needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland; 5.4 Educational needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland and 5.5 Social needs of Irish society, of individual groups within Irish society, and of Irish communities outside of the island of Ireland.

6. Your view on the extent to which the proposed channels/services will be accessible by the public.

Answer Questions 5-6 : Please see commentary under the General Overview section.

7. Your view on the extent to which the proposed services will reach under served audiences. UPC does not have a view on this question.

8. Do the new services help to raise the level of familiarity of the general public or of individual groups with Irish society with new forms of services and technologies? Please provide additional information to back up your response.

Yes UPC believes these new service would raise familiarity around new technologies. For a certain section of the Irish population, the launch of the Saorview platform and digital terrestrial services will represent the first time it has been exposed to a digital TV service. The proposed services themselves (RTÉ Plus One RTÉ HD) will also help increase awareness of enhanced functionality of a digital TV platform and will serve to highlight the benefits of transitioning to digital.

9. Do you consider that the new services help contribute to media plurality? Why ? The response should make particular reference to the contribution of the proposal to the following aspects of media plurality 1) diversity of content 2) diversity of ownership Please see above commentary with respect for the need to have these services available from the outset on all digital platforms. In addition please refer to commentary in relation to the need to ensure that other services that fulfil a public service remit are also granted sufficient spectrum for their services on the Saorview. This would serve to further enhance the media plurality objectives on diversity of content and ownership.

December 2010