RADIO Limerick One will continue to broadcast until the outcome of a Supreme Court appeal hearing on December 16th, the court was told yesterday.
The station, however, failed yesterday in its application to the Supreme Court for an injunction to prevent the IRTC from advertising for a new contract until the Supreme Court gave its decision.
On October 14th the station lost its High Court challenge, to the decision by the commission to terminate its licence.
In his judgment, Mr Justice Smyth said the IRTC had an abundance of evidence upon which to form the opinion to terminate the contract with the radio station.
The IRTC served notice on the station last February of the termination of the licence. It alleged there had been 17 breaches of its contract under the Radio and Television Act of 1988.
In the Supreme Court yesterday Mr James O'Reilly SC, for Radio Limerick One, sought an interlocutory injunction to maintain the status quo pending the hearing of the appeal. If his client won the appeal it would become a moot point because another contractor could be appointed before the hearing.
The Chief Justice, Mr Justice Hamilton, said an application for an interlocutory injunction had already been refused in the High Court. The station had not been prevented from broadcasting.
Mr O'Reilly said his concern was that the station could be prejudiced if the IRTC went ahead and placed advertisements in such a way as would affect the station's current goodwill.
Mr Justice Hamilton said the court would fix December 16th for the appeal hearing and asked for an undertaking from the IRTC that it would not decide on any application for the contract before the court gave its decision.
Ms Emily Egan, counsel for the IRTC, said the commission would seek expressions of interest in the contract for the broadcasting licence but would postpone dealing with the applications until the court gave its ruling.