Broadcasting Commission of Ireland
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The Broadcasting Commission of Ireland (BCI) (Irish: Colmisiún Craolacháin na hÉireann) is the regulator of the commercial broadcasting sector in Ireland. It is responsible for arranging the provision of television and radio services in additional to those provided by Radio Telefís Éireann (RTE). In addition, it is responsible for developing codes on advertising and other matters, which apply both its own stations and those of RTE.
The Commission awards television and radio programme contracts (typically called "licences", though the actual broadcasting licences are really issued by ComReg) by a beauty contest system. Typically the Commission will decide on the area and type of service to be provided. It then asks for expressions of interest, which will then lead to an actual contest for the contract. Each bidder for the contract submits a detailed business plan and programming proposals to the Commission, which then selects a preferred bidder. It will then conduct further negotiations before issuing the contract. However the Commission has limited ability to enforce contracts once issued. It can issue stations warnings or ultimately threaten them with the loss of contract, but this is regarded as a "nuclear option" and is often very unpopular with the stations' listenership. More often, it will try to negotatiate with the station in order to influence its programming. Only in one instance - Radio Limerick One - was a station's contract terminated mid-way through its run. In three further cases - North West Radio, Radio Kilkenny, and Carlow Kildare Radio - the stations contract was awarded to a different company at the end of its term. These decisions proved very politically unpopular and have led to calls for the BCI to automatically renew contracts unless there have been stated misbehavior. However as Independent Local Radio stations typically have a monopoly, this would mean no new enterants could ever enter the market.
The Commission was set up as the Independent Radio and Television Commission (IRTC) under the terms of the Radio and Television Act, 1988. This act allowed the first legal stations not operated by RTE to come into existence. Prior to this commercial broadcasting in Ireland had been unlicenced and illegal. Despite this a thriving pirate radio scene existed. The Act sought to bring this under a regulatory framework.
From 1989 onwards the Commission began to licence Independent Local Radio stations. It also sought to introduce a national radio and television service. But while ILR was very successful, both national efforts ran into difficulty. In the case of the radio service, Century Radio, it went bankrupt within months and was later replaced by Radio Ireland, now Today FM. Meanwhile the selected contractor for the television service TV3 Ireland, took eight years to find a backer before it finally went on air.
The Broadcasting Act, 2001 gave the Commission its present name and increased its powers. It can now issue contracts for broadcasting via cable, satellite, and DTT, and can also develop codes in relation to various broadcasting activities. The first, a code on children's advertising, has proved highly controversial. It is expected that the commission will be superseded by the Broadcasting Authority of Ireland (BAI), this new authority will have some of the functions currently held by the RTE Authority.
