The following is the full text of the document detailing what was sought by Independent Wireless Cable Limited. At the head of the document in handwriting is the name `Joe Hayes'. Mr Hayes was at the time managing director of Independent Newspapers.
8 October 1990 RE: Independent Wireless Cable Limited; Multi-Channel Multi-Point Microwave Distribution System ("MMDS")
For planning, banking and investment reasons it will be necessary to get the Minister's absolute reassurances on a number of points;
1. You were invited to apply for exclusive franchises and it will always be accepted that no further licences for television programme retransmission, wired broadcast relay, or other rebroadcast or relay within, or to, your franchise regions will be granted for the duration of your licences.
Neither will the Minister during this time permit geographical extensions to any cable licences which now exist in your franchise region. The letter of 7 June 1990 should be expanded accordingly.
2. The undertakings given in the Minister's letter of 28 May 1990 to the Irish Cable Operators Association should be extended to you. Immediately your MMDS service is available in any of your franchise regions the Minister will apply the full rigours of the law to illegal operations affecting that franchise region. The Minister will ensure that there are none such operations affecting that region within a maximum period of 6 months after your commencement of retransmission.
3. In respect of each licence, one of the frequency channels may be used by you for the transmission of a local programme service and you will be authorised to use paid advertising to support this service not later than 2 years from the date of issue of the licence.
Such service may also be transmitted on other frequency channels when these are not retransmitting television programme services.
4. In respect of each licence, there will not be more than one "must carry" service and the provision of any such service will not result in you incurring any cost or exposure.
5. The renewal fees and the powers of price investigation shall only apply to the annual charges for the basic television programme retransmission services provided on a general basis throughout the franchise region. Charges for additional services should not be subject to renewal fees - or investigation.
6. In respect of each licence, at any time after the expiry of the third year of the initial 10-year licence period, you shall have the option to apply to the Minister for renewal under Regulation 7. Within 3 months of your application, the Minister undertakes to agree in advance to renew each of your licences, in respect of which you exercise your option, at the expiry of the 10-year licence period provided said licence has not been surrendered or revoked.
In addition the following operational matters should be agreed between the Minister and his Department and you:
7. Your licences will give you the option, at your discretion, to extend your services by cable or other means as appropriate to ensure the widest and most efficient coverage possible.
8. In relation to areas where a cable licence exists within your franchise region, the Minister should agree that you may install subscriber stations within such areas pursuant to regulation 9(J) (ii) where a member of the public has been denied access to the licensed relay service in his area for a period of six months from the date of request.
9. The Minister should undertake to repeal, pursuant to Section 3 (6) of the Wireless Telegraphy Act 1926 (inserted by Section 11 of the Wireless Telegraphy Act 1972), Statutory Instrument No 200 of 1976 which exempts certain cable stations. The Minister will not permit any further exemptions. The timing should be agreed.
10. The existing allocation of frequencies limits channel capacity to eleven MMDS channels but the Department should give active support to extension of that capacity, if technically possible, to meet market demand as it arises.
Matters To Be Dealt Within The Schedule To The Licence
1. Name of Licensee
2. Location of transmitter and flexibility to change location.
3. Licence region.
4. Minimum number of subscribers.
5. List of "must carry" services.
6. List of "may carry" services.
7. Technical conditions.