Ofcom has said that Sky did not discriminate against Rapture in a dispute over EPG charges. Rapture said that it failed to have any meaningful negotiation with the satellite platform and when in November 2005 Sky began providing Rapture with EPG services it was at a price that Rapture believed to be unfair.
In its draft ruling Ofcom found the charges to be is “fair, reasonable and non-discriminatory” under the EPG conditions set out in the 2003 Communications Act.
Rapture first contacted Ofcom In June 2005 as a result of what it believed to be excessive delays in getting the channel on the Sky platform. The correspondence continued during Rapture’s talks with Sky and into Ofcom’s consultation on the provision of technical platform services.
Rapture argued that for a company with an annual turnover of “under £150,000” Sky’s standard EPG listing charge of £76,800 was unduly high.
Ofcom is continuing to consult on its draft ruling until February 23.