Deflector firm to stay off air after court plea

A deflector operator in Co Waterford which ceased broadcasting last month on foot of a court order is to stay off the air following…

A deflector operator in Co Waterford which ceased broadcasting last month on foot of a court order is to stay off the air following an unsuccessful application to the High Court yesterday.Coastal Multi-Systems Ltd, which rebroadcasts TV programmes to Dunmore East, has been directed to refrain from broadcasting pending the outcome of legal proceedings taken by Cablelink Ltd against the company, Mr Anthony Power and Mr Richard Power. All three have addresses at Ballinamintra, Dunmore East.Cablelink holds a licence to provide television transmission services by MMDS in Co Waterford and objects to the deflector service. It has initiated legal proceedings seeking declarations that the deflector service infringes its constitutional rights and is a breach of the Wireless Telegraphy Acts. It also seeks substantial damages. In court yesterday Mr Justice O'Sullivan rejected an application by the defendants for a further stay on his original injunction directing them to cease broadcasting pending the outcome of the main action. That order was issued last July but the judge granted a six-month stay on its coming into effect after hearing the company has been in operation for 18 years.The stay expired on January 6th, and broadcasting ceased in accordance with its terms.In court yesterday counsel for the defendants sought a further stay on the order. In an affidavit Mr Anthony Power, a director of Coastal Multi-Systems Ltd, said the company had applied for a broadcasting licence under a scheme which a former communications minister, Mr Alan Dukes, announced in May 1997.The application was before the Director of Telecommunications Regulation, and no regulation had been made to implement the licensing scheme announced by Mr Dukes. In those circumstances the status of the scheme was uncertain.Mr Power referred to a recent High Court decision by Mr Justice Carney involving Carrigaline Community Television Broadcasting Company, in which he directed the Minister for Communications to consider the company's application for a broadcasting licence. The judge also quashed a decision by Mr Dukes purporting to refuse a licence and inviting Carrigaline to apply for a licence under the proposed scheme announced by Mr Dukes in April 1997 but not implemented.Mr Power said many issues in the Carrigaline proceedings were relevant to the circumstances of the defendants. He asked the court to extend further the six-month stay on its July 1997 in junction directing the defendants to cease broadcasting. That stay had expired, and Coastal had ceased transmitting.Opposing the application for a further stay, Mr Michael Collins SC, for Cablelink, said the Supreme Court had, in an interim judgment in a case involving a deflector operator, said the court could not be seen to sanction illegal activity. The defendants had had a six-month reprieve to make adjustments. The Carrigaline case made no difference to the present proceedings. Refusing the application, Mr Justice O'Sullivan said if the effect of a further stay was to permit a breach of the law, he had grave doubts about the appropriateness of such an order.