Compromise reached in RTÉ action against TV3

A compromise has been reached in the action by RTÉ against TV3 over alleged failure to pay about €1 million alleged to be outstanding for digital transmission services.

The case was transferred to the fast-track Commercial Court last March and Mr Justice Brian McGovern has been told a compromise had been reached to be implemented by the end of November.

The judge listed the matter for mention in December for the purposes of confirming implementation.

RTÉ claimed sums of about €734,000 and €287,000 respectively were outstanding from TV3 for provision of Digital Terrestrial Television (DTT) multiplexing broadcasting and transmission services in 2013 and 2014.

The sums sought represented the difference between what TV3 has paid for the service and what RTÉ alleged was owed for the relevant periods. TV3 had said it had a defence to RTÉ’s claim.

In its action, RTÉ said it provides national terrestrial broadcasting transmission distribution and multiplexing services, which it procures from its wholly owned subsidiary RTÉ Network Transmission Ltd, trading as 2RN.

It claimed TV3 relies on RTÉ’s transmission services for the digital broadcasting of TV3 and 3e and must pay the national broadcaster a fee for those services.

After TV3 raised issues about calculation of the tariffs with the commission for communications regulation, ComReg, the regular carried out a review of RTÉ’s tariffs.

RTÉ claimed Comreg made a finding last January which put beyond doubt the tariffs for the periods in question were correctly calculated.