The following is the letter from Mr Ray Burke to Mr Joe Hayes in response to assurances sought. In handwriting at the top of the letter it is stated: Signed & Despd [dispatched] from Minister's office [initials unclear] 4/2.4 February 1991Mr Joe Hayes Managing Director Independent Newspaper PLC 90 Middle Abbey Street, Dublin 1 Dear Mr Hayes I refer to previous discussions and correspondence regarding the status of MMDS franchises in which certain re-assurances were sought. I now wish to confirm my position on the matters raised (the paragraph numbering follows that set out in your document of 8 October 1990). The confirmations in this letter extend to your company and to all MMDS franchisees in which your company has or will have a direct or indirect interest.1. You were invited to apply for exclusive franchises and it is accepted that no further licences for television programme retransmissions, wired broadcast relay or other rebroadcast or relay within or to your franchise regions will be granted for the duration of your television programme retransmission licences. Neither will the Minister during this time permit geographical extensions to any wired broadcast relay (cable television) licences which now exist in the region. The exception to this arises where undertakings to issue cable licences were given before the award of the MMDS franchise. Holders of such undertakings (letters of intent) will be given a reasonable period to meet the conditions associated with the undertakings.2. The undertakings given in my letter of 28 May 1990 to the Irish Cable Operators Association apply to your company and to all MMDS franchisees in which your company has or will have a direct or indirect interest. Immediately MMDS service is available in any of your franchise regions, my Department will apply the full rigours of the law to illegal operations affecting that franchise region. My Department will use its best endeavours to ensure that there is no illegal rebroadcasting systems affecting that region with six months after the commencement of MMDS transmissions.3. While I would be prepared to consider proposals for occasional "community access" programmes or a modest volume of local programme inserts such as that carried on the Cork cable system at present, supported if desired by local advertising, I think it would be premature to give any commitments relating to anything more ambitious in view of other impending television developments at national level.5. I have instructed my Department to prepare an amendment to the Wireless Telegraphy (Television Programme Relay) Regulations, 1989, so that licence fee renewal payments are calculated on the basis of income from the relay of basic services - in line with the licence fee provisions of the Wireless Telegraphy (Wired Broadcast Relay Licence) (Amendment) Regulations 1988.6. Once the MMDS systems are established, say after 3 years, licensees may apply for a renewal of the 10 year agreement period under regulation 7 of the licence regulations. I will undertake to let any applicant know my decision in good time (3 years) before the expiry of the 10 year period providing the application for renewal is made in good time.I should say that I do not see changes of franchise being made simply for the sake of change. Unless my Department has had cause to express grave dissatisfaction to an MMDS licensee, it will be safe to assume that agreements under regulation 7 will be given to existing licensees.7. Within each MMDS franchise area, the Department will facilitate each licensee in providing service to subscribers whether this is by MMDS directly or by cable from an MMDS feed.8. My Department will not tolerate a situation where subscribers within a cable franchise who are not able to receive cable service are denied MMDS service if there is no reasonable prospect of them receiving cable service.9. I am aware of the potential problems created by the exemption of small cable systems contained in Statutory Instrument No. 200 of 1976. My Department will address this matter in the most effective way.4 & 10 Should a definite indication of subscriber demand for further channels become apparent, my Department will give the most sympathetic consideration to the allocation of further channels to MMDS although I have to say that the prospects of finding additional channel capacity at 2.5GHz are not great. However we will be in a better position to assess the technicalities involved when all the MMDS systems are in operation.(You are probably aware also that there is a lot of effort being put into the development of MMDS technology at higher bands which should ultimately become available here). On the question of additional "must carry" channels, while I so not see such a requirement arising at this time, should it arise in the future I would seek to link it if at all possible with making additional channel capacity available to MMDS operators.Yours sincerely, [stamped name Ray Burke]Ray Burke, T.D.Minister for Justice and Communications