Lawyers for the Flood tribunal have challenged the legality of a directive the former minister for communications, Mr Ray Burke, issued in 1989.
Mr Burke did not receive a request to issue a directive from the Independent Radio and Television Commission (IRTC) and had not consulted RTE on the issue, Mr Patrick Hanratty SC, for the tribunal, said.
As a result the terms of Section 16 of the Radio and Television Act 1988 had not been complied with, he added.
The issue centred on a letter Mr Burke received on February 20th, 1989, from Mr Justice Henchy, chairman of the IRTC, outlining that Century Communications had requested a ministerial directive be issued under section 16, requiring RTE to allow access to its transmission equipment.
"I got a letter from the duly appointed chairman, former Supreme Court judge asking me for a decision under section 16," Mr Burke said.
"It didn't ask you for any decision it drew your attention to the fact that Century had asked for a decision," Mr Hanratty replied.
"As far as I was concerned when I received it, it was a legitimate request from the chairman of the IRTC passing on a request from the company they had given the licence to. The legal strength of that letter never arose," Mr Burke added.