Judgment on an appeal by Rapture Television plc (“Rapture”) against a determination published on 9 March 2007 by OFCOM that the charge for British Sky Broadcasting Limited’s provision of electronic programming guide listing services to Rapture between 14 November 2005 and 10 November 2006 was fair reasonable and non-discriminatory. The determination had been made by OFCOM using its powers under sections 188 and 190 of the Communications Act 2003 to determine a dispute which had arisen between Rapture and British Sky Broadcasting Limited and which Rapture had then referred to OFCOM under section 185 of the Communications Act 2003. The appeal concerned the interpretation and application of “The terms of supply of conditional access: Oftel guidelines” (“the 2002 Guidelines”) and the dispute resolution procedure set out in sections 185 to 191 of the Communications Act 2003.
The Tribunal unanimously dismissed the appeal.
The Tribunal found that the appellant had not made out a compelling case and that its submissions as to OFCOM’s misinterpretation and misapplication of the 2002 Guidelines were misconceived.
