A decision by the former minister for communications to refuse a rebroadcasting licence to a deflector service in Munster was considered and reasonable, the High Court was told yesterday.
Mr Roderick Murphy SC, for the Minister, said Mr Alan Dukes had to have regard to several considerations when making a decision on an application by South Coast Community Television Broadcasting Service for a licence to retransmit British channels.
In making his decision, the minister was entitled to have regard to policy considerations including ensuring good frequency management, Mr Murphy said. He was also obliged to have regard to the obligations of the State under international conventions.
Mr Dukes refused the licence to South Coast last April 15th, but invited the company to resubmit an application which would meet the terms of a planned new scheme for the restricted licensing of deflector operators.
Every attempt had been made by the minister to accommodate the concerns of South Coast, Mr Murphy added. It might have been technically feasible to accommodate the company, but national policy considerations had also to be taken into account.
The decision might not have been the minister's political preference but it was a considered one, counsel said.
He was making closing submissions on the sixth day of judicial review proceedings taken by South Coast against the Minister for Transport, Energy and Communications, the Director of Telecommunications Regulation and the Attorney General.
South Coast is seeking several orders including one quashing the decision refusing the company's application for a licence.
Closing submissions were made by both sides yesterday in relation to the application for an order quashing the minister's decision and Mr Justice Carney reserved judgment on that matter. Following his judgment on that aspect, the judge will deal with any matters relating to the Director of Telecommunications Regulation and with an application by Cork Communications Ltd for an injunction against South Coast, which would have the effect of closing down the deflector service.
In court yesterday Mr Murphy said the court was dealing with a test case, not only for deflector operators but in relation to the minister's discretion and freedom to operate. He argued that the role of the court was limited in dealing with the minister's exercise of his discretion.
In her closing submission Ms Mary Finlay SC, for South Coast, said Mr Justice Keane had held in 1995 that the South Coast licence application should be considered on its merits and the company was entitled to fair procedures.
She said the company's application had not been considered on its merits but in the context of a planned new scheme to license deflector operators which had now been abandoned.