
In a long-running dispute, Rapture has argued that Sky charges small channels too much for a slot on its electronic programme guide.
Last month a competition appeal tribunal supported a decision by Ofcom that the charges were fair. Rapture boss David Henry has now said he will appeal the CAT ruling.
"Currently BSkyB demands over £79,000 per free to air channel per year," he said in a statement. "Rapture TV believes the true cost of providing the service is closer to £625 per month per free to air channel.
"If the investigation finds that Rapture TV is correct then it could lead to a more competitive marketplace, increasing consumer choice and preventing further anti-competitive or restrictive practices. Ultimately the British citizen will benefit from more viewing choice. British TV broadcasters will benefit from having reduced running costs."
The CAT said Sky should not have to reduce its charges to help small or niche channels.
The exact basis of Rapture's new appeal is unclear, though it said: "[Ofcom is] required to investigate the basis of the fees that BSkyB are charging third parties for technical services. Part of Ofcom’s duties is to ensure that there is cost separation from all other non-technical activities.
"Ofcom has thus far failed to ensure this requirement is met and instead based its whole dispute investigation on a confidential ‘Sky Platform Model’, which neither separates the technical costs and is not up to date and has not been independently verified.
"Rapture believes that this fact leaves the burden of proof on BSkyB to prove that its technical costs are economic and do not include costs for non technical services."
Rapture now broadcasts exclusively online.
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