Southcoast's legal battle for survivial

From the day Southcoast was established extreme pressure was exerted on the government to shut it down. This continued relentlessly up to recent times with numerous raids on Southcoast transmitters resulting in the confiscation of large amounts of equipment.

Each time the service was shut down the community responded by contributing the necessary finance to acquire new equipment and the service was usually restored within a matter of days.

Eventually the massive public outcry which followed each confiscation had the effect of making the government reluctant to shut Southcoast down.

Having realised that the government wasn't going to do the job the Cable TV and MMDS TV providers decided to issue court proceedings to close down the Southcoast network.

In 1993 Southcoast found itself in court defending individual segments of its network following actions taken by Cork Communications Ltd. (now Chorus ) the local Cable TV and MMDS company. This company was successful in obtaining injunctions to shut down Southcoast transmitters in Fermoy, Kinsale and Glounaclohy near Drimoleague Co Cork resulting in a loss of service for thousands of viewers.

It quickly became apparent that unless the organisation could effectively counter these legal actions it would be picked off transmitter by transmitter and eventually have no network.

In June 1994 In the high court in Dublin Mr. Justice Declan Costello granted an injunction to Southcoast restraining Cork Communications Ltd. and the Minister for Transport, Energy and Communications from interfering with its network and services until such time as all the issues had been fully heard. Only twice previously in the history of the state had an injunction of this type been granted and it effectively protected the network up until January 2000 when an actual licence was granted.

In July 1994 The supreme court unanimously upheld Mr. Justice Costello's decision following a joint appeal by Cork Communications Ltd. and the state.

In a series of further actions Southcoast got the injunctions lifted against Fermoy , Kinsale and Glounaclohy and service was restored to its entire network.

In November 1994 John Bruton TD Fine Gael leader at a public meeting held by Southcoast in Carrigaline during by- election campaigns in Cork South Central and Cork North Central gave the following commitments. He stated that " Immediately on taking office he would give Southcoast a two to three year temporary licence."

Within several weeks the Fianna Fail led coalition government collapsed and John Bruton became Taoiseach in a Fine Gael / Labour / D.L. coalition.

Despite some meetings with the new minister Michael Lowry T.D and his department officials no progress was made and so Southcoast's legal action proceeded.

Between the 26th April and the 28th July 1995 during a seven week hearing before Mr. Justice Keane in the high court in Dublin Southcoast made its case against the state and Cork Communications Ltd.

Southcoast sought a number of relief's. Declarations were sought confirming that sections of various broadcasting acts were unconstitutional, that the awarding of MMDS licenses was against competition law, that a decision to refuse Southcoast a license in 1992 was taken ultra vires and was null and void, and finally that the court should direct the Minister to consider Southcoast's licence application fairly and in accordance with law.

Mr. Justice Keane reserved his judgement to a later date.

In his judgement delivered on the 10th November 1995 Mr. Justice Keane found in favour of Southcoast on the last two issues and directed the minister of the day to reconsider the licence application fairly and in accordance with law. He also continued Mr. Justice Costello's injunction until the minister made a final decision The organisation was awarded most of its costs for this and the original injunction hearing.

The state accepted this judgement and in January 1996 at a meeting in Thurles between Southcoast and ministers Hugh Coveney T.D. and Michael Lowry TD. Mr. Lowry announced his intention to appoint independent consultants from outside the department of communications to advise him on Southcoast's licence application.

On the 20th and 21st August 1996 a group of consultants under the aegis of the EBU (European Broadcasting Union) and chaired by Ken Hunt head of broadcasting technology with the EBU visited transmitting sites and had a series of meetings with Southcoast officials.

14th February 1997 The EBU consultant's final report was given to the newly appointed Minister for Transport, Energy and Communications Alan Dukes TD with a copy also being sent to Southcoast. The essence of this report was that Southcoast could be licensed and it set out a possible licensing format.

15th April 1997 Having been summoned to a meeting in the minister's office Southcoast were informed by Alan Dukes TD that he had both good news and bad news to impart. The bad news was that he was refusing Southcoast's application for a license while the good news amounted to an invitation to re-apply under a new nationwide licensing scheme which he intended announcing in the Dail that very day.

It was strongly pointed out to the minister that having made his decision the injunction which had protected Southcoast from interference pending a ministerial decision would now lapse and would leave the network vulnerable to attack from the Cable/ MMDS company.The minister stated that his advice was that this couldn't happen.

Later that day Alan Dukes TD announced his proposed new scheme in the Dail.

May 1997 In answer to adverts in the national press inviting applications under the proposed new scheme Southcoast submitted the necessary application forms and monies while reserving its position on seeking a judicial review of the Minister's decision to refuse its original application.

June 1997 Having been defeated in the general election the rainbow coalition left office without signing the necessary regulations to give the proposed new nationwide UHF TV re-transmission scheme the force of law. The incoming FF/PD government indicated that it wouldn't be proceeding with the regulations thereby effectively killing off the proposed scheme.

June 1997 In the high court Mr. Justice Keane confirmed to Cork Communications Ltd. that having received a negative ministerial decision on its license bid Southcoast's court protection was now at an end leaving the Cable / MMDS company free once again to seek injunctions to close the network down.

July 1997 After a day of high drama in the high court Mr. Justice Catherine McGuiness granted Southcoast leave to seek a high court judicial review of Alan Dukes TD's decision to refuse its licence application.

October 1997 Southcoast's judicial review of the Minister's decision of the 15th April 1997 was heard by Mr. Justice Paul Carney over six days in the High Court in Dublin. Mr. Justice Carney reserved judgement.

January 1998 In delivering his judgement Mr Justice Paul Carney found that the minister Mr Alan Dukes TD hadn't dealt properly with Southcoast's licence application and therefore it was still effectively on the Minister's desk awaiting fair and proper consideration in accordance with law.He awarded costs to Southcoast and decided that the state should also be liable for Cork Communications Ltd. costs.

Both parties agreed that as the duties of the Minister in the areas of licensing and regulating TV transmission had passed to the newly appointed Office of the Director of Telecommunications Regulation (ODTR), it was this agency and its director who would now have to consider Southcoast's application.

December 24th 1999 Following the signing by Mary O'Rourke TD minister for Public Enterprise of regulations prepared by the ODTR, the regulator Etain Doyle signed the documents giving Southcoast its long awaited licence.

In contrast to the other community TV groups in Ireland who were eventually licenced under a general scheme which was introduced by the ODTR Southcoast Community Television was licensed separately under its own unique scheme.The Director of Telecommunications Regulation Etain Doyle with the consent of the Minister for Public Enterprise Mary O'Rourke had made special regulations entitled "Wireless Telegraphy (Carrigaline UHF Television Programme Retransmission ) Regulations 1999" to cater for Southcoast.

17th January 2000 following some delays due to administrative problems the licence finally arrived at the Southcoast office.