JUDGMENT will be given today on whether a company without a licence to broadcast should be restrained from rebroadcasting multi channel television stations in areas of Co Tipperary.
MMDS Television Ltd, John Street, Kilkenny, is seeking an interlocutory injunction against South East Community Deflector Association Ltd, Kilnagrange Kilmacthomas, Co Waterford which claims it has had a licence application with the Minister for Communications for some time.
The injunction seeks to restrain the company from rebroadcasting television programmes from a transmitter in the hills of the Seven Sisters area.
Yesterday, Mr Michael Collins SC, for MMDS Television, said his client had a licence under the Wireless Telegraphy Acts to operate a Microwave Multipoint Distribution System (MMDS) to transmit television programmes to the Clonmel, Thurles and Cashel area.
It was necessary to preserve the customer base as the company was valued on the number of subscribers. MMDS Television was the sole supplier in those areas for multi channel television and had already invested over £1 million in the area and did so in the knowledge and expectation that it would be given the monopoly.
Mr Maurice Collins counsel for the defendant company, said he accepted MMDS Television had a licence and his client did not. For years, it had sought a licence from the Minister. His principle submission was that it would be cruelly unfair to shut down the operation now and not allow it to continue to broadcast until the Minister considered the licence application.
There was no evidence that the customer base of MMDS Television was being eroded.
He was asking that the court application be adjourned pending the determination of the licence application by the Minister.
Miss Justice Carroll said she, would give judgment today.