The following EU Directive on Conditional Access was published by the EC on 20th of November 1998. Article 2 titled ‘Definitions’ describes what Conditional Access is. This documents clearly describes the features that are present when Conditional Access is in use. The fundamental activity is a ‘protected service’ and there needs to be a prior individual authorisation.

Rapture TV is currently appealing a CAT ruling on an Ofcom investigated dispute with BSkyB Limited over EPG fees. Ofcom has failed to understand the fundamental and basic meanings of the technical services that are used to deliver digital satellite television and radio transmissions. Ofcom has used a Oftel claim that when the end user uses a EPG to control what he or she watches or listens to via a EPG that the EPG is part of Conditional Access. The acid test is that if you can remove a Sky Viewing card and still select a in the clear transmission then there is not Conditional Access being used.

Rapture will continue to fight its case as it is clear incorrect for BSkyB Limited to be charging for a EPG listing that includes costs for Sky box subsidies because it is claimed that the EPG is part of Conditional Access. This assumption is clearly wrong.

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