CableVision customers may be able to receive channels 7 and 9 at no additional cost if a new tariff structure is approved by the Telecommunications Commission.

The news comes after the Court of Appeal ruled the cable provider must seek the Commission's permission before channing its services and in particular must keep the channels on air until the Commission approves the new tariff structure.

In a press release following the ruling the Commission stated they were "pleased to note that CableVision proposes to carry channels 7 and 9 at no increase in the current cost to subscribers".

The ruling, handed down last week, is the latest installment in the row between CableVision and the Bermuda Broadcasting Company (BBC).

It began late last year following new legislation which meant CableVision could no longer carry local broadcast channels 7 and 9 for free.

Last November, CableVision announced it would drop the channels because of the newly imposed fee, which it said it would have to pass on to its customers. They did so for 24 hours before an injunction was granted forcing them to put the channels back on air.

The Commission then argued CableVision could not make such a decision without its permission, but Chief Justice Richard Ground said the legislation did allow for the cable company to drop channels in certain circumstances. However, the matter was sent up to the Appeal Court.

Last week, at the Appeal Court, Justice Edward Zacca said the court upheld the Commission's argument. He added: "It should be noted that the process of setting the tariff is not a consensual one; there does not have to be agreement between the Commission and CableVision; the Commission can impose the rates consistently with its public duty."

A spokesperson for the Commission said: "The Commission is pleased with the outcome of the Court of Appeal proceedings, which were necessary to re-establish the extensive scope of the Commission's powers to regulate CableVision's service in the public interest, as CableVision is a monopoly supplier of cable television services in Bermuda.

In the Commission's view, the good sense of the Act requiring the Commission's consent before channels 7 and 9 were actually dropped and CableVision's new tariffs were introduced has been demonstrated by what happened between January 9, the decision of the Chief Justice, and the hearing of the Appeal in early March 2009. CableVision and Bermuda Broadcasting announced on February 20, 2009 that they had come to an agreement under which CableVision would carry channels 7 and 9 after all.

"The Commission hopes to approve CableVision's new tariff structure as soon as possible, as well as give its approval of arrangements under which subscribers can elect to receive channels 7 and 9 at no increase in their current cost of subscription."

After the judgement CableVision's General Manger Terry Robinson said: "Bermuda CableVision is pleased that the Court of Appeal clarified the Telecommunication Commission's powers of regulation. The issue before the Court of Appeal was an academic one concerning the interpretation of the regulations.

"The public will be aware from previous press releases that Bermuda CableVision and the Bermuda Broadcasting Commission in fact agreed earlier in the year the terms for the transmission of channels 7 and 9 on our system.

"We are pleased that this agreement is in place and that channels 7 and 9 will remain part of our channel offering. This agreement is entirely unaffected by the ruling.

"Now the Court of Appeal has provided clarity as to the Commission's powers, we look forward to working with the Commission to ensure that Bermuda continues to get the very best in cable television service."