RTÉ takes case against TV3 over alleged failure to pay €1m

RTÉ has brought legal proceedings against TV3 over an alleged failure to pay a sum of about €1 million alleged to be outstanding for digital transmission services.

The case was transferred to the fast-track Commercial Court by Mr Justice Brian McGovern on Monday on consent of the parties.

RTÉ, represented by Cian Ferriter SC, claims sums of about €734,000 and €287,000 respectively are outstanding from TV3 for the provision of Digital Terrestrial Television (DTT) multiplexing broadcasting and transmission services in 2013 and 2014.

The sums sought are the difference between what TV3 has paid for the service and what RTÉ alleges is owed for the relevant periods.

The court was told that TV3, represented by Maurice Collins SC, has a defence to RTÉ’s claim.

In its action, RTÉ says 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.

RTÉ claims that 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.

TV3 had raised issues about calculation of the tariffs with the commission for communications regulation, ComReg, which regulates the broadcasting market, RTÉ says.

ComReg had conducted a review of RTÉ’s tariffs and made a finding last January which RTÉ puts beyond doubt that the tariffs for the periods in question have been correctly calculated, RTÉ claims.

Despite ComReg’s decision, TV3 has not paid over the outstanding sums, it claims.

A hearing date for the action will be fixed later.