Digital channel Rapture TV has claimed that Ofcom did not fully investigate its complaint that BSkyB overcharged for its electronic programme guide listing in an appeal against the regulator’s ruling.
Rapture, which airs a mix of entertainment and extreme sports programming, originally complained to Ofcom that its annual EPG bill of £76,500 from Sky was “unduly high”, given that its annual turnover was under £150,000.
The channel, run by chief executive David Henry, claimed Sky had breached its regulatory obligations by offering unfair listing terms. However, Ofcom cleared Sky of overcharging in February, saying the price had been “fair, reasonable and non-discriminatory”.
At the Competition Appeal Tribunal, Michael Bowsher QC, acting for Rapture, said: “The question for the tribunal is whether Ofcom did enough. Our ending point is that Ofcom did not do enough. It was happy to accept Sky’s position without drilling down on what was being said.”