NINE years after independent radio was legalised the pirates are still broadcasting and increasing in number. Over 40 pirate stations are operating in the State, but the Department of Communications has not prosecuted any illegal stations since 1992.
Nearly every county has one or two pirate stations, with a concentration in Border areas and greater Dublin.
Dublin is the most crowded market, with the RTE services, Radio Ireland, two independent local stations, five community stations as well as the over spill from local stations in surrounding areas not to mention the pirates. On any given weekend about 17 stations broadcast in Dublin.
The Independent Radio and Television Commission (IRTC) believes the greatest threat to legal broadcasters lies in the capital. Given the limits to broadcasting bands, legal stations risk interference from illegal stations broadcasting near their wavelengths.
Despite the proliferation of illegal stations, research carried out either for independent local radio stations, or centrally for the Joint National Listenership Research (JNLR), shows their listenership is falling - especially in Dublin - and advertising income is small.
But the number of pirate stations is still rising, according to Mr Charlie Collins, president of the Association of Independent Radio Stations (AIRS), and chief executive of Highland Radio in Donegal.
In Donegal, one pirate station, North Atlantic Radio, has been on air for years. Recently a new station, Tyrone Community Station, which is actually broadcasting from Donegal, started, he says.
Mr Collins says some stations are offering advertising rates that Highland Radio simply could not compete with, such as five advertisements a day for a month for £100.
AIRS has sought changes in the law in order to strengthen the hand of the Department of Communications. The procedure for closing and prosecuting an illegal station is cumbersome. It entails identifying the signal, confirming that it is illegal, identifying the landowner, obtaining warrants to enter the premises and identifying the equipment's owner.
The task is made even more difficult given that some of the stations move frequently, especially around the Border. It is believed Tyrone Community Station once transmitted from Strabane, but has since moved south of the Border.
In Northern Ireland the RUC can simply enter a premises and confiscate equipment. The consequence is that there are few, if any, pirate stations there, he says.
AIRS has asked that the law be changed and has complained continually to the IRTC about the illegal stations.
Mr Dermot Hanrahan, chief executive of FM 104 in Dublin, says that while the problem of pirates has diminished, in that listenership figures are now so small, there is a principle involved.
There are requirements on legal radio, such as a levy to the IRTC, 20 per cent of air time must be devoted to news and current affairs and there is an Irish music quota. In return, local stations were meant to have exclusive rights in their own franchise areas. That is not the case if no one moves against the pirates, he says.
The IRTC chief executive, Mr Michael O'Keeffe, says as more legal channels come on air the amount of the transmitting band available to the pirates will be squeezed. On the other hand, legal stations could have problems with their signal being blocked by pirate stations.
There is already a pirate operating very close to Radio Ireland's frequency. Another is transmitting near to one of RTE Radio 1's frequencies.
Mr O'Keeffe says he does not blame the Department of Communications - the relevant section is understaffed.