Youth telly channel Rapture TV has lost its Competition Appeal Tribunal case against OfCom and BSkyB.
As previously reported, Rapture claimed the satellite network breached its regulatory obligations when it demanded £76,800 off the TV channel to be listed on the Sky electronic programme guide system. When Rapture originally complained, OfCom ruled that Sky had reached the rate in a "fair, reasonable and non-discriminatory" way, even though they were asking for half of the independent channel's annual turnover.
The TV indie appealed that ruling last year, but yesterday the appeal hearing backed the original OfCom ruling on the matter. The new ruling means Rapture will not return to the Sky Digital network, but more importantly for Sky means that other niche channels - who could have use a ruling in Rapture's favour to renegotiate their EPG fees - will have to continue to pay at current rates.
The appeal court argued that Rapture had failed to demonstrate why Sky's prices were too high. Rapture boss David Henry argued he did not have sufficient access to Sky's figures to put together a stronger case, though the court said if he needed such access he should have asked for it in court. Henry told the Guardian he found the ruling "unbelievable" adding that it might mean the channel, which has broadcast on the internet since losing its Sky spot, may now close down.