BSkyB refused to supply critical information to the telecoms regulator last year because the State body refused to sign a strict non-disclosure agreement drawn up by the British satellite firm.
The dispute is the latest in a series of high-profile disagreements with Irish regulatory authorities. The non-disclosure agreement would have prevented the regulator from releasing information under the Freedom of Information Act.
It also sought to bring the regulator's dealings with BSkyB under the jurisdiction of British rather than Irish courts.
Documents obtained by The Irish Times using the Freedom of Information Act show BSkyB drew up the agreement following requests from the regulator to gain access to information on its satellite system in mid-2002.
Ms Etain Doyle, chairwoman of the Commission for Communications Regulation (ComReg) and former telecoms regulator, asked for the information to investigate whether a proposed Irish digital TV service would interfere with BSkyB's satellite signal.
The proposed regional digital terrestrial television service would operate in the same 12 gigahertz band that BSkyB uses to beam a signal to its 272,000 Irish subscribers. BSkyB had previously written to Ms Doyle to warn that its customers would be "adversely affected" by interference if firms were allowed to provide regional TV services. No decision has yet been taken on whether to license these new digital TV systems.
The documents, released by ComReg on appeal to the Information Commissioner, Mr Kevin Murphy, include correspondence between BSkyB and officials in the regulator's office.
They show BSkyB drew up a non-disclosure agreement that would have enabled the firm to demand the return or destruction of information given to the regulator. The satellite firm argued that: "As a company based in England and as the provider of the information we believe English law should apply."
In response to the issue of releasing data under the Freedom of Information Act, the regulator's officials wrote that it would not be possible for the body to "dilute its obligations, to tarnish our reputation or utilise our staff to act in a claim on the part of Sky." The letter continues: "As an Irish statutory body we would prefer not to be bound to the Courts of a foreign jurisdiction."
Despite the drawing up of a four-page non-disclosure agreement, a ComReg spokeswoman said yesterday it was never signed.
