The telecommunications regulator ComReg has imposed a series of stringent new obligations on RTÉ's television and radio signal transmission business.
RTÉ Network Limited operates a national analogue transmission network for itself and other stations like TV3, TG4 and Today FM. For many years, TV3 has alleged that RTÉ has not fully disclosed the commercial arrangements reached with the various customers. It also claims it has been overcharged by RTÉ in comparison with the tariff imposed on TG4, which is linked to RTE.
Following developments at EU level, ComReg chairperson Ms Isolde Goggin has now imposed various obligations on RTÉ Network Ltd relating to transparency, non-discrimination and access.
RTE Network Ltd will now have to file all agreements and associated documents relating to transmission services with ComReg. These will have to include a description of all terms and conditions and prices. ComReg said it may force RTÉ to make these agreements public.
RTÉ will have to publish within the next month on its website a complete list of existing tariffs charged for supplying transmission services. Details of the mechanism used to inform parties about price rises will also have to be published.
From now on, RTÉ will have to send ComReg a written notice of any new charges it is proposing. ComReg said it was also considering asking RTÉ to make the various service level agreements reached with each station publicly available.
ComReg said all agreements in future would have to be non-discriminatory in nature. It also said it wanted the accounts of RTÉ Network Ltd to be fully separated out from RTÉ's general accounts.
TV3 last night welcomed the decision of the regulator. In particular, it said it wanted to see the accounting separation take place as soon as possible. It said the regulator should prevail on RTÉ to publish as much of the material involved as possible.
TV3 (owned by CanWest Global, Granada Group plc and some private Irish investors) has long maintained it has been forced to overpay for using RTÉ's transmission service. However, RTÉ pointed out that the contract with TV3 was approved by the IRTC, the predecessor of the Broadcasting Commission of Ireland (BCI).
TV3 is pursuing several contentious issues with RTÉ at present. Two investigations concerning RTÉ's role in the advertising market and its use of the licence fee went against TV3 this year, but the station is now concentrating on a state aid complaint to the EU Commission.
RTÉ itself declined to comment last night, but a source at RTÉ Network Ltd said it never had any difficulties with transparency or non-discrimination principles and they were enshrined in RTÉ's code of fair trading.
The source said satellite transmission was reducing the need for analogue transmission, but ComReg had no regulatory remit in this area. Consequently its stance on the issues should be "reasonable and proportionate".
