W1B-025 Tribunal letters-3.txt
Rt. Hon. Mr. Justice Seamus Henchy, Chairman, The Independent Radio and Television Commission, Marine House, Clanwilliam Court, Dublin, 2.

17th February, 1989.

OB/JS/ra.
Dear Chairman,
We wish to advise you that at a Board Meeting of Century Communications Limited held on Tuesday 14th February, Laurence Crowley was co-opted to the Board of Directors and elected Chairman, Terry Wogan and Chris de Burgh were also co-opted to the Board of Directors. In due course the new directors will be participating in up to 12 1/2% of the company's equity. This information remains confidential until 17.00 hrs Monday 20 February when it will be released to the Press.

The Board Meeting reviewed the question of transmission charges. They were of the unanimous opinion that the £ 375,000 offered to RTE for full transmission service was, given the advice that they had from the IBA, fair and reasonable. Furthermore, they were of the unanimous view that they were not prepared to negotiate or increase that offer as it would effect the viability of the service. They expressed their concern that RTE, as custodian of the National transmission network, had an obvious conflict of interest with their role as providers of transmission services to the independent broadcasters and that in the circumstances they could not understand why, given that the Minister has power under the Act, a directive has not been given to RTE.

At the public hearing on 12th January 1989, we stated that we could provide the service within 90 days of the signing of contracts. At that time there was 108 days to the 1st May. When the award was made on 18th January, there were 102 days left. We received the Broadcast Contract on 9th February and would hope to be able to agree the terms of that contract by the end of next week. As of today, there are 72 days left to the 1st May and we are particularly concerned that the issue of the transmission charges has not been resolved and that there appears to be no way in which it is going to be resolved to meet that date. We are prepared to meet all the extra studio installation costs associated with a shorter deadline and be on air 1st May but we are particularly concerned that there appears to be no urgency to resolve the issue on transmission.

At this stage we must advise you that unless the matter is resolved within the next seven days there is no way in which we can be expected to meet the original date envisaged and furthermore we will have to reconsider our entire position.

Such is the urgency of this matter that we remain available to meet with you at any time to suit your convenience.
Yours sincerely, Oliver Barry James Stafford DIRECTORS: OLIVER BARRY, JAMES JOSEPH STAFFORD
