An alternative rock radio station will go on air in Dublin next spring after a decision by the Broadcasting Commission of Ireland (BCI) to award the licence to Phantom FM was upheld by the High Court today.
Phantom FM was awarded the licence in November 2004, but a rival applicant, Scrollside Ltd (trading as Zed FM), sought a judicial review of the decision.
In a judgment issued this morning, Mr Justice Philip O'Sullivan upheld the BCI's decision to award the alternative rock station licence to Phantom.
Both Phantom FM and the BCI welcomed the decision.
BCI chief executive Michael O'Keeffe said the commission "strongly holds the view that the process for the award of the licence was fair, open and transparent.
"The licence was awarded to Phantom FM as they were considered to be the best applicant following a detailed and extensive consideration of all the applications.
Phantom FM also said it was "very pleased" with this morning's decision.
Although Phantom FM was not directly involved in the court proceedings it was forced to suspend its launch plans pending the outcome of the review.
Phantom said its launch plans were at an "advanced stage" when Scrollside sought leave to seek a judicial review over three months after the licence decision was made. It had begun to recruit staff and was negotiating key contracts.