The High Court yesterday ordered the shutting down of a television deflector operator servicing Glenties, Co Donegal. The order continues until after the hearing of an action brought against the operator by Cable Management (Ireland) Ltd.
In separate proceedings brought against the operators of a TV deflector system at Ardara, Co Donegal, the court was told Cable Management was not pursuing its application for an interlocutory injunction following agreement that its engineers be allowed to inspect the Ardara transmission equipment. Mr Thomas Gildea TD, of Stranalough, Glenties, is among the persons named by Cable Management in the proceedings. He was elected to the Dail following a campaign for the retention of the local deflector systems. Cable Management claims to have been licensed by the Government for television retransmission, using the MMDS system, in the Sligo, Donegal and Buncrana areas. The company alleges it has been prevented by organised protests from siting transmitting equipment on Mulmasog Mountain which would serve 15,000 homes on the Donegal western seaboard. Gardai had to assist Cable Management workers to gain access to the site early on December 13th, 1995, but the company claims it has been impossible since then for its engineers to erect the equipment.
Yesterday, Ms Justice Laffoy granted an interlocutory injunction to Cable Management against Comhlacht Phobal Teilifise Thir Chonall Teo, and two named persons and all persons "acting in concert with them".
It restrains them transmitting television signals in the Glenties area otherwise than in accordance with a licence granted under the Wireless Telegraphy Acts.
In the other proceedings, Ardara Community Piped Television Ltd claims it is operating within the legislation.
Mr Frank Clarke SC, for Cable Management, told the judge they were not going ahead with their application for an interlocutory injunction against the Ardara operators.
It appeared the balance of convenience lay in allowing the Ardara broadcasting to continue until the full hearing of the action. Mr Clarke said Cable Management was anxious to expedite the hearing of the action and it had been agreed between the parties that there would be an inspection of the Ardara equipment by his clients' representatives .
Cable Management would undertake that within two weeks of the inspection it would either discontinue its proceedings against the Ardara operators or issue a statement of claim in its action.
Ms Justice Laffoy, giving her decision in the Glenties application, held there was a fair issue to be tried as to whether there was rebroadcasting of television transmission contrary to legislation.