The "Radio Kilkenny" thread

[Mike Flynn]

Irish Independent

A COMMUNITY-based radio station will go off the air after 12 years next October following its failure to win a new licence for Carlow and Kilkenny.

The people behind Radio Kilkenny expressed shock yesterday at the decision of the Broadcasting Commission of Ireland (BCI) to grant the franchise to a rival bidder.

The BCI has re-drawn the licence areas in Leinster to create a new licence solely for Kildare, and has brought Carlow and Kilkenny together.

A new consortium, CK Broadcasting - trading as KCLR - has won the Carlow/Kilkenny licence and will take over from the existing station next Autumn.

In Kildare, a new locally based player, Kfm, was awarded the licence, beating off stiff competition from bigger media players such as UTV and Lite FM, as well as existing station CKR which broadcasts to Carlow/Kildare.

Joe Reidy, chairman of Kilkenny Community Communications Co-op Society Ltd which runs Radio Kilkenny, said staff and the many shareholders in the co-op were extremely disappointed by the news. He said the station had a strong listenership.

"We are the only community-based radio station in Ireland, and it has been a huge financial success. It is incredible that a radio station owned by the people could lose its licence."The station will go off the air in October of next year and CKR will also cease broadcasting on the same date.

The commission's decision to modify the franchise areas for Carlow, Kilkenny and Kildare was the subject of High Court proceedings earlier this year by CKR Ltd. But the application for a judicial review was ultimately withdrawn, clearing the way for the BCI to continue the licensing process.

The largest single shareholder in the winning Carlow/Kilkenny station is John Purcell, who has a 20pc stake.

He is a public relations consultant who also chairs the consortium and is a former chief executive of Radio Kilkenny.

Other backers include People Newspapers and Setanta Media Holdings.

Backers of the winning bid in Kildare include East Coast Radio and Midland Radio Group Ltd.

The group will invest €1.55m in the station, and expects to move into profitability by year three of operation.

Padraig O'Dwyer, former joint chief executive of East Coast Radio who will be CEO of the station, said the decision was a triumph for local radio and business.

He said that the consortium had been made of small to medium business interests who had been working towards winning a Kildare licence for three years.

"The competition was of a very high standard and I believe we gained the edge because of the local radio experience and the local element of people involved."

The group's shareholders includes Naas accountant Billy Mulhern; Noel Shannon, who is currently head of news at Today FM; and David Mongey of Mongey Communications.

The consortium projects advertising revenue of €1.7m in the first year, rising to €2.3m in three years and to €3m by year five

A marketing budget of €250,000 has been earmarked for launch of the station and year one of broadcast.

Kfm will be based in a purpose-built broadcast centre situated just outside Naas.

Samantha McCaughren

[Dogger]

This is sickening. Absolutely disgraceful.

[Macers]

Never really listened to it - all be it on the long drive home from Cork (while passing through). BCI picking a choosing a usual........12 years is a long time and to just drop them like this is unjustified. Are they getting compensation or anything?

[Dogger]

Compensation? Don't make me laugh. They close down and disappear, that's what the BCI wants.

[Darren B]

brown paper envelopes stuffed with cash anybody ?

[Dogger]

You're not the first to suggest that or something similar to me in the last 24 hours. A lot of people I've been talking to smell something distinctly piscean in this.
Failure by the BCI to explain clearly how this decision was arrived at will not lay such whispers to rest and, as we all know from the Rambo affair, they will grow louder with time.

[Darren B]

you took the words right out of my mouth Dogger. No doubt the real reason they have lost their licence will come to light in a tribunal in ten or fifteen years time.

[Hissing Sidebands]

The reason Kilkenny didn't get the licence were, to my mind, quite obvious if you read the submissions, and were at the aural hearings.
Kilkenny proposed to 'tack on' Carlow as an annexe, and there were vague future plans to recruit co-op members and subscriptions from Carlow.
I would say the BCI felt that this wouldn't serve the interests of Carlow, who would feel that they had a sub-standard service for another 12 years, and also there would bea great likelihood that the two factions of the co-op (Kilkenny vs Carlow) would be constantly battling about which side was being hard done by (as was the case in TMWR - Cashel vs Tipp town.
Kilkennys problem in any challenge now was that they agreed to the terms of the new county carve up (i.e. didn't legally challenge it when announced) and entered the competition (licence app) under these terms, therby implying acceptance of them.
I do feel sorry for Kilkenny, as I know what it's like to be knocked off air by a government decision (1988/89, after nearly a decade of running a tax paying, successful local radio station, applying for a licence and losing the bid - gut wrenching!)

[radio free king]

I agree totaly with the last post. The BCI have said that this is about radio for the future not the past. and if radio Kilkenny have been kicked out, it is because the BCI feel they may be good for Kilkenny, but not for the new franchise of Kilkenny and carlow because at the end of the day both counties have to be represented equally, not just one annexed by another

[Offshore]

The Irish Examiner 29 Oct 2002

By Neans McSweeney

A COMMUNITY radio station is threatening legal action in a bid to save its licence. Radio Kilkenny is challenging the Broadcast Commission decision to issue its licence to a new business consortium after 12 years on the air.

The public is also rallying together tonightin a finalbid to save the
station. Hundreds are expected at the meeting at Kilkenny's Springhill Hotel at 8pm, including local councillors, clergy and members of the public.

Radio Kilkenny employs 21 people but lost its licence to the new group headed up by former director of the station, John Purcell, as well as film director, Jim Sheridan and local potter, Nicholas Mosse.

The board of directors of Radio Kilkenny have vowed to they will take their protest to the steps of the Dáil and the door of the Broadcast Commission, if necessary.

Radio Kilkenny is set to go off the air when Kilkenny Carlow Local Radio consortium takes over in October of next year. But those heading the new group have dismissed claims that it will be the end of community radio

The news has stunned Radio Kilkenny board chairman, Joe Reidy. He said it was incredible that a station owned by the people of Kilkenny was going to lose its license. "We are totally shattered and in a state of shock at this news. We are the only community radio station in Ireland that has been a huge commercial success.

"We are seeking legal advice in a bid to save our station. We got our community licence through people power. And we will use people power to reverse this. Our submission stood up on financial grounds and listenership."

The decision has been made in terms of allocation of the licence, the broadcasting commission said. "The whole process of application was very open and transparent and an oral hearing was heard. It was a difficult decision as the standard of applications was so high. The full report will be with the unsuccessful applicants sooner rather than later," a BCI
spokesperson said.

Meanwhile, the board and shareholders of CK Broadcasting Limited were delighted with the decision of the BCI to accept their application for a licence to operate a radio licence for the new Carlow Kilkenny franchise.

The new station will be called KCLR heart of the two counties.

[RadioFriend]

I don’t want to hamper too much on this because I think I made my feelings known on this topic but I have to ask one question………..”How enter into a competition that you refuse to lose”?

A. If Radio Kilkenny were positive without a shadow of doubt that they had nothing to worry about then that means the likes of KCLR were being conned and forced to throw over €100K down the drain on a horse that won’t even run.
B. Is this a case of “We don’t mind entering this fair competition as long as we are winners”?
C. Radio Kilkenny should have took their views to the High Court and refused to apply at all, on the grounds that they should not have to enter such a competition.


Again I’m so sorry for Radio Kilkenny that the BCI are morons and don’t understand how to properly police Radio in this country but I have yet to see somebody in this country buying a Lotto ticket and then bringing the National Lottery to court when their number did not come up.

Finally I know this is like rubbing in salt but in my opinion the KCLR application was the better of the two.

Your number did not come up………….

RF

[Mister807]

Radiofriend,

I couldnt disagree with your lottery analogy more. A lot of us have had to enter licence competitions that we knew were unfair and we couldnt expect to win. This is because, both politically, and legally you have to be seen to have made the effort. It is disingenuous to say the least to compare the voluntary purchase of a lottery ticket to the unwilling entry to a non-transparent and unfavourable licence round.

The problem Radio Kilkenny have is a very valid one. I dont believe for a second that any judge will uphold a decision, based on grounds that the BCI will not particularly specify, to effectively close a succesful business in order to further the interest of a commercial consortium.

The simple facts are:

Radio Kilkenny has been providing an excellent service for the last 13 years to Kilkenny. The BCI in consultation with themselves redrew the boundaries, rendering the task of a station the size of Radio Kilkenny impossible. Despite their protestations, they were told they had to apply for the licence anyway. They lost out, and now, due not to their own shortcomings in service provisions, but to a BCI decision on redrawing franchises, they have to close down. That sort of logic is indefensible, and legal advice would suggest that it is utterly unenforceable. If a decison made by any body can be proven to be manifestly unfair, as this one obviously is, then a judge can order it to be overturned. Simple as that. Tort of equity if you must know!

The monkeys at the BCI need to look at the situation now, realise how fecked they are, and say to Radio Kilkenny: "Look, we have to readvertise a franchise for Kilkenny only, apply for it!". Problem solved. Instead, we are going to have Dail committees, high court cases and all sorts of costs in time and money to sort this one out.

The fact that in your opinion KCLRs application was better is not relevant in this case. The situation remains; Fine, give KCLR the licence (for the record, I was very unimpressed by their generic radio blueprint which could apply anywhere!) for the two counties, but tell me RadioFriend, what is achieved by closing Radio Kilkenny down in the process?

I would respectfully suggest that you may be missing the point a bit on this one. Its not about the awarding of the licence, its about the fairness of the process and the policy making decisions that lie behind it.

Regards,

Mister 807

[Mike]

I find it amazing that in some parts of the country radio stations with a long history of flagrant disregard for their licence conditions get their licences renewed (Despite very good competing submissions) while places such as Kilkenny and Tipperary stations loose their licences for no good reason whatsoever

[deco]

An appointment somewhat reminissent of a licence given to Dublin's latest offering me thinks..............

Certainly the BCI are facing an inquiry....aw sure why not go the whole hog and have a Tribunal, they seem to be fashionable enough.
One thing is certain and thats the tax-man will have a great time as per usual, all paid for by the nice people who really dont mind at all.....................

[scanman]

Save Radio Kilkenny today or you will end up with MidlandsRadio 3
all over Ireland , British owned broadcasters ??? So ALL Genuine Irish business should boycott MR3 under Tindle Radio UK !

There are over 1000 replies to another subject on this forum,
why not show BCI how much YOU care for the future of radio
in Ireland...

[021]

I by chance heard Ger Madden on RLO Friday night.
He has said that there were 10 stations with more serious breaches of IRTC rules at the time his station lost its licence for breaking IRTC rules.

Madden said he predicted Radio Kilkenny would lose its licence 6 months ago, and people said he was mad, but now he was proved right.
He said companies with Denis O’Brien involvements (i.e. East Coast Radio etc) were taking over from Radio Kilkenny and CKR, and that there was one law for him (D.O’B.) and another law for everyone else, also saying if the government had got proper value from the mobile phone licence they could have built a few hospitals with it. etc etc
Madden said that nowadays people are more educated and are no longer taking rubbish from politicians

Some weeks ago I heard GM saying on air his application for the AM licence was thrown out on the grounds he lost a licence in the past. He then gave an analogy that for example someone caught for drunk driving can get back on the road again after serving time off the road, but it looked like he was being punished forever by the BCI.

I tuned in to RLO again this morning Monday and the BCI was being discussed once again, it was suggested the people of Tipperary, Limerick and Kilkenny band together to fight the BCI.

BTW Another thing being discussed was the need for a proper headstone for the grave of the late ‘John the Man’ Frawley (former owner of Radio Lumni), and people were ringing in offering money.
There were loads of people ringing in with memories of Radio Lumni and the presenter Frank Carberry appealed for anyone with old tapes of ‘John the Man’ to give them on loan as he wanted to play them on air. One caller, Bill Hayes who was a DJ on Lumni said he recalled one night a Garda entering the station - he was afraid it was a raid and that a most valuable record collection he had with him that night would also be confiscated, but it turned out the guard was a friend of the station!