Ofcom faces legal case over Sky EPG decision

摘要

Ofcom will be forced to defend itself next month at a Competition Commission tribunal following an appeal against a decision it made earlier this year on charges for listings on the Sky Digital electronic programme guide. In what is set to become a David-and-Goliath battle, entertainment channel Rapture TV alleges that Ofcom's investigation into its complaint against BSkyB was not carried out dutifully. It is appealing against Ofcom's rejection in March of its 2005 complaint about the charges that BSkyB was demanding to list the channel on the Sky Digital EPG. Ofcom investigated the complaint but ruled that BSkyB's charging was "fair, reasonable and non-discriminatory". Rapture, which was removed from the Sky Digital EPG for not paying the charges, alleges that Ofcom failed to carry out a thorough investigation into the dispute. The company said the ￡76,800 charge demand for inclusion on the Sky Digital EPG was "unduly high" given its annual turnover was under ￡150,000. BSkyB has applied to enter the case, which will be heard on December 18 and 19 at a competition appeal tribunal, as an "inter-vener". The case is one of the first Ofcom decisions about the broadcast sector has been appealed to the Competition Commission. US law firm Orrick, Herrington & Sutcliffe has taken up the case on behalf of Rapture on a pro bono basis. David Henry, chief executive of Rapture, said that if the appeal were successful it could open the floodgates for broadcasters to seek compensation.