Government in the decade-long battle to get Bermuda Cablevision Ltd. to respect exclusivity agreements BBC has for programming.

This was confirmed by BBC chief executive officer Ulric P. Richardson yesterday. He said a writ could be filed in the Supreme Court this week.

The legal challenge comes just as the Telecommunications Commission is set to report to Minister for Technology John Barritt on the issue and matters relating to copyright legislation.

Government is interested in refining statutes relating to copyrights, trademarks and patents. The long-standing issue could, if not derail their efforts, at least put a damper on any legislative initiative.

BBC claims it has been financially injured by Cablevision carrying certain programmes and they want to be compensated for the losses and for $200,000 in legal fees. The BBC also lost an annual $250,000-contract with Government for children's television programming because Cablevision began carrying the same programming.

Mr. Richardson said: "This matter must be cleared up. I think everyone should be working to resolve it. And we won't let up, right now. Obviously, this company has suffered through this for years.'' BBC chairman Fernance B. Perry said in the firm's annual report: "The company has stepped up its fight to secure protection for its programming for which we have exclusive rights. Many of you would be aware of the decade-long battle to force Bermuda Cablevision to acknowledge our fully executed contractual agreements with syndicated programme suppliers. We have always maintained that the duplication of our programmes has impacted significantly on our bottom line.'' The report also noted that both CBS and ABC executives have urged the company to continue to press the Minister "for legislation that will ultimately prevent the piracy of the network signals''. Mr. Barritt was off the Island and not available for comment yesterday.

Telecommunications Director Ted Pitman said Government will review its position once the Commission delivers its report, but had previously viewed the dispute between the two companies as a commercial matter.

Even though both Cablevision and the BBC operate as a result of licences supplied by the Department of Telecommunications, Mr. Pitman said there is nothing, at present, under such licensing that could cause the department to intervene and resolve the dispute.

The Minister asked the Telecommunications Commission to investigate the concerns and inquire generally into matters of copyright and how they should be addressed by Government. In March they held in camera meetings in the Senate Chamber that included representatives from BBC and Cablevision.

The BBC felt the contentious hearing should have been open to the public.

There were also other procedural questions, Mr. Richardson said.

"The Commission apparently had agreed that the hearing would follow certain rules,'' he said.

BBC suing Govt. over Cablevision "They didn't tell us, but the rules didn't require Cablevision to put anything on the table.

"We would show our complaint. Cablevision would be able to cross-examine us and we wouldn't be able to ask any questions. It was a real set-up, and against the course of natural justice. Then the meeting came to an abrupt end.'' Mr. Richardson said the Minister and Cablevision have received letters from companies that gave BBC exclusive rights to programmes such as "The Oprah Winfrey Show'', "Children's Television Workshop'' and "The Young and the Restless'' but the programmes are still shown on cable TV.

"This is why the Commission was looking into this matter in the first place.

We felt they would say to Cablevision: "Bermuda Broadcasting has shown us their written approval to carry these programmes, now show me your approval,'' he said.

Cablevision general manager Don Greiner was not available for comment yesterday.

Mr. Richardson said: "Networks like ABC have non-duplication rules. These networks will not have a cable company having the same programming in a jurisdiction where they have an affiliate. Neither would they allow a distance cable operation to put their programming on in an area that is serviced by their affiliates. That is standard.

"This Government investigation is the first time they have launched their own inquiry. Our lawyers, Smith, Barnard & Diel are suing the Minister responsible for Telecommunications because the Commission's inquiry was structured against the rules of natural justice.

"You can't have a situation where the one being complained about doesn't have to answer to anything. They never presented an argument. If they don't have to show anything in this meeting, then what's the point of the Commission's inquiry? What's the point of the Commission reporting to the Minister? "The hearing was never held properly, and we want them to throw out this Commission and its inquiry.

"They worked on an agenda for the hearing with Cablevision, not the complainant. We didn't even know about the agenda and the rules of the hearing until we got there. But Cablevision knew. They had copies of the rules of the hearing in front of them. They hadn't agreed to show anything in this hearing.'' Cablevision also faces challenges from the US Government, the Motion Picture Export Association of America (MPEAA) and others over programming.

Mr. Richardson said: "I believe the Government viewed it then, and now, as an unpopular decision to tell Cablevision to cease and desist. They would have to take some of those channels off.

"We don't want Cablevision to lose their licence. We want them to recognise our rights to programming we negotiated and paid for. Cablevision has $16 million in escrow, in anticipation of a resolution to the dispute with the MPEAA.'' GOVERNMENT GVT COURTS CTS