A COMPANY broadcasting multi-channel television programmes without a licence to areas of Co Tipperary was restrained from transmitting in the High Court yesterday.
South East Community Deflector Association Ltd, Kilnagrange, Kilmacthomas, Co Waterford, was restrained from transmitting or retransmitting any television signal or beam to residents in areas of Co Tipperary which are covered by licences issued to MMDS Television Ltd, Broadford Rise, Ballinteer, Co Dublin, and Suir Nore Relays Ltd, John Street, Kilkenny.
The order continues until the full hearing of the action.
The injunctions were sought by the two companies, which are owned equally by Mr Jim Cranwell and his wife, of Broadford Rise, Ballinteer, Co Dublin.
The court heard that the companies, which have had licences for some years and have 8,000 and 6,250 subscribers respectively, had spent over £4 million on setting up the transmission systems in the area.
Miss Justice Carroll, in her judgment, said that MMDS Television had spent £2.8 million as outlay for the licence and setting up the transmission service to thee areas covered by the licence. It also had to pay annual rent to the Minister for Communications and royalties to copyright holders (BBC, ITV, Sky TV, etc). The licence was given by exclusive right and it was necessary to earn a return on a large scale.
Suir Nore Relays Ltd had spent approximately £1.7 million in capital outlay to provide a relay cable service to Clonmel, Cashel and Thurles.
The defendant, the association, used a cheaper method of transmission and did not hold a licence. The transmitter was in the Seven Sisters area of the Comeragh Mountains, an area which was included in the plaintiffs' licences.
The managing director of the companies, Mr Cranwell, had said in an affidavit that as a result of the defendants having erected the transmitter, it was now possible for members of the public to receive multi-channel television by erecting a UHF aerial on the roofs of their houses at an approximate cost of £20 and without paying rental.
Mr Cranwell said the transmitter interfered with the plaintiff's' revenue, was unlawful, and was an unauthorised structure as it did not have planning permission.
On the question of the balance of convenience, the judge said that MMDS Television was granted its licence in October 1989, while the other company licences were granted in the late 1980s.
The defendant, however, erected the transmitter last June and applied for the licence only last November. It seemed to her that the balance lay with the plaintiff.
She refused an application by the defendant for a stay on the order pending a decision by the Minister on the licence application or pending an appeal to the Supreme Court.
The judge accepted an undertaking that a local farmer, Mr Michael Hickey, of Comeragh View, Glenpatrick, Kilsheelin, Co Waterford, would not supply electricity to the defendant's transmitter.