A radio station which failed to get a new contract for the provision of radio service in Cos Carlow and Kilkenny has taken High Court proceedings to quash the award of the contract to a rival station.
Kilkenny Community Communications Co-Operative Society Ltd, trading as Radio Kilkenny, had held the franchise area of Co Kilkenny since 1989.
Yesterday it secured leave from Mr Justice O'Neill to seek orders by way of judicial review against the Broadcasting Commission of Ireland.
It wants to overturn the contract awarding the service for Carlow-Kilkenny to KCLR-FM, claiming that contract was made irrationally and arbitrarily. It is also seeking a declaration that in reaching its decision on October 14th last, the commission breached its own guidelines.
Radio Kilkenny wants a further declaration that the commission's decision breached fair procedures and the Radio and Television Act, 1988, in that two of its members failed to declare their interests in companies to which it proposed to make a contract.
The commission had announced a change in the franchise area by including the area of Carlow in what was to be the new area of Carlow-Kilkenny, "the modified franchise area". The county of Carlow was originally in the franchise area of Carlow-Kildare.
In January the commission sought applications for the awarding of a contract for the provision of a broadcasting service in Carlow-Kilkenny. CKR-FM, which was the pre-existing local radio station in the Carlow-Kildare franchise area, was the eventual winner.
When the board of the commission met in October to determine the awarding of the contract, one-fifth of board members, two out of 10, were not in a position to participate because they were not present either at the final meeting or at earlier stages of the competition, it is argued.
In an affidavit, Mr James J. Brett, a director of Radio Kilkenny, said his was a community-based organisation.