CableVision will be taking the Department of Telecommunications to Supreme Court next week despite a statement issued from the department telling the cable company to restrain from any other proceedings. The Royal Gazette understands the hearing for a judicial review is set for December 18 and 19 before Chief Justice Richard Ground.

The Department of Telecommunications issued the statement last week that said: "Due to the potential impact on the public interest, the Commission considers this a matter of urgency that therefore justifies an ex parte decision to stop this matter proceeding any further until the Commission can hold an inter partes inquiry for the purpose of making a decision.

"Bermuda CableVision Ltd. and Bermuda Broadcasting Co. Ltd. are to restrain from proceeding to any other body until the Commission, the appropriate body to hear complaints and hold inquiries until the Telecommunications Act 1986 (as amended), can conclude its inquiries."

A statement sent from CableVision said it would be carrying channels 7 and 9 until the courts have made a final ruling.

Terry Roberson, general manager of Bermuda CableVision said: "We are awaiting the outcome of the court's decision regarding must-carry and channels 7 and 9.

In the interim we will continue to look after the interests of our customers and keep them abreast of our position.

"We are, however, hopeful that a determination by the courts will be given as early as next week. Until the courts have made a final ruling, CableVision will continue to carry channels 7 and 9."

BBC CEO Bill Craig responded saying: "CableVision's latest legal gambit appears to be gobbledegook designed to muddy the waters."

He continued: "It is perfectly clear that CableVision is legally obligated to carry ZBM TV9 and ZFB TV7 until the Commission says otherwise.

"ZBM and ZFB agree to continue carriage until the Telecommunications Commission has reviewed and made a decision after a full process."

Mr. Craig said the BBC doesn't understand CableVision's "disruptive attitude" or why they were rushing to remove the channels.

"Cablevision should put a fraction of their energy into negotiating with us that they are spending trying to deny their customers two terrific Bermuda TV stations. We are reasonable people", he added.

The row began on November 30 when CableVision announced its plans to dump BBC channels 7 and 9 because the BBC intended to charge a fee for carrying ZBM and ZFB even though the channels have aired without charge for years.