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Directive 2002/21/EC on a common regulatory framework for electronic communications networks and services (see IRIS 2002-3: 4) was transposed into Irish law by Statutory Instrument (S.I.) No. 307 of 2003. On 27 April 2004, ComReg (The Commission for Communications Regulation) made its first SMP (significant market power) designation in accordance with Regulation 27(4) of the Framework Regulations. It designated RTÉ Transmission Network Ltd (RTNL), the transmission operating arm of RTÉ, the national public service broadcaster, as having significant market power (SMP) in two wholesale markets. The...

The BCI, which is the regulatory authority for the commercial broadcasting sector, has acted in recent months to prevent certain advertisements and news items being broadcast. With regard to advertisements, the BCI in June 2004 banned advertisements for an anti-war concert. It did so on the basis that they contravened the Radio and Television Act 1988, which prohibits political and religious advertising and advertising in relation to a trade dispute (see IRIS 2001-7: 9, IRIS 2003-2: 11, IRIS 2004-3: 10). The concert was planned to take place in advance of the visit to Ireland of President Bush....

The Competition Authority has cleared, subject to certain conditions, a proposed acquisition by Scottish Radio Holdings (SRH) of a Dublin local radio station, FM 104. SRH already own Today FM, the sole national commercial radio station. The acquisition had already been cleared by the Broadcasting Commission of Ireland, the regulator of the commercial broadcasting sector. However, media mergers are now subject also to specific requirements included in section 22 of the Competition Act 2002. Under that section the Competition Authority makes a determination on the proposed merger based on competition...

The Joyce estate, which holds the copyright in the works of James Joyce, has warned that it will sue for any breach of copyright occurring during the Bloomsday centenary festival, "ReJoyce Dublin 2004", to be held in June. The warnings have been given to the organisers of the festival, the Government, which is involved in organising some of the events, and RTÉ, the national broadcasting station, among others. The estate has taken legal action on previous occasions, for example in relation to a webcast celebration of Bloomsday and the publication of an anthology of twentieth century Irish writing...

The Supreme Court has decided that the supply of cable signal and the connection of viewers to cable are distinct services for the purposes of value added tax (VAT). The respondents, who were suppliers of cable television and radio services providing multi-channel viewing or listening, charged householders under separate headings for the connection of the service and the service itself (an initial fee to obtain the connection and then an annual fee for supply of the signal). VAT should therefore have been paid at a lower rate than in the case of a single supply. An EC Directive of 1977 requires...