Log In

Reset Password
BERMUDA | RSS PODCAST

Chief Justice to rule on cable row in January

Chief Justice Richard Ground is expected to rule early in the New Year as to whether or not CableVision will be required to carry channels 7 and 9.

In Supreme Court yesterday, Mr. Justice Ground said he would not make a decision before Christmas and thought it was more sensible to deliver the ruling after the holidays.

CableVision took the Department of Telecommunications to court after it was told it had to continue to carry the Bermuda Broadcasting Corporation (BBC) programming until a decision was made by the Government department.

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.

The judicial review started last week Thursday and was sent down for two days but continued yesterday morning.

The Department of Telecommunications issued a statement to CableVision and the BBC on December 5, telling both parties to restrain from any other proceedings.

However, CableVision decided to take the department to court, claiming if it continues to carry the channels it could face copyright suits not only from BBC, but also the American broadcast stations where the programming originated from.

On Thursday, Eugene Johnston, attorney for BBC said CableVision was wrong for bringing the dispute to court and that the company should have waited for a decision by the Commission.

Narinder Hargun, attorney for CableVision argued that a new act passed in July, meant the company didn't have to carry the channels.

Telecommunications lawyer Melvin Douglas said its position in the letter it sent to CableVision and BBC in response to the disagreement was "an advisory and it was not amenable to judicial review".

Lawyer for the Commission, Larry Mussenden, said the cable company needed the Commission's permission before changing its services, and dropping channels was clearly a change in service.

He added there is public value in carrying the channels, and CableVision should be required to carry them.