Ofcom has confirmed it will investigate claims by entertainment channel Rapture over BSkyB's charges for its electronic programming guide service.

The regulator said after examining the complaint, it believes it is a "dispute" which it is obliged to investigate under the Communications Act 2003.

Rapture believes that BSkyB is charging excessively high fees for the supply of its EPG service on the digital satellite platform, and that it has previously charged much lower fees for the same service.

Ofcom will review the evidence presented by Rapture, which says the fee of £76,800 for one year's EPG is not cost related, and claims no negotiation on this price was allowed by Sky.

David Henry, managing director of Rapture said: "Ofcom opening our dispute is a huge development for Rapture. I am confident that with the evidence we have presented, Ofcom will have no other option but to find in our favour, and I look forward to a system in the future where a dominant competitor cannot abuse its position in an anti-competitive way."

The channel believes that the provision of a place on the EPG is of minimal cost and a reasonable charge would be £3,400 a year, pointing out that Canal+ in France does not charge channels for a place on its EPG.

Ofcom could decide to impose a fine of up to £410 million, around 10% of BSkyB's annual turnover, if it concludes it did not act in a "fair, reasonable and non-discriminatory way".

But BSkyB believes it has treated Rapture in fair manner, telling Digital Spy in August: "Sky has treated Rapture TV in a fair, reasonable and non-discriminatory manner at all times."

Separately, Sky has promoted Mike Darcey, currently group commercial and strategy officer, to chief operating officer, and recruited Didie Lebrat from Vodafone Italy to a newly created role of chief technology officer.