VSB wins Olympics fight
A magistrate rapped Bermuda Broadcasting Company yesterday after it boasted exclusive winter Olympic games rights, then suffered a technical breakdown and begged rival VSB to air them - and then refused to pay for the favour.
And Magistrate Edward King expressed disgust at BBC's cheeky bid to counter-sue DeFontes Broadcasting after it got them out of a jam.
The legal row dates back to February 8 last year when viewers turned on to BBC hoping to catch the opening ceremony complete with Bermudian Patrick Singleton's dramatic Bermuda short-clad entrance at Salt Lake City only to see blank screens.
The ceremony was switched to VSB but they were never paid for the favour.
Yesterday Mr. King ordered BBC to pay DeFontes Broadcasting the full $7,200 DeFontes had sought, plus $70 costs plus seven percent per annum interest dating back to September 2002 - six months after they got the invoice.
He ordered them to satisfy the debt by paying the money into the court within 14 days and said further interest would accrue until it was satisfied.
Mr. King said the BBC had obtained sole rights to broadcast the games from NBC and had sent a threatening letter warning DeFontes television not to air any portion of the games.
However on February 8 last year as the opening ceremony was in full swing BBC Programme Director Darlene Ming rang VSB Studio Manager Mike Bishop at 10.15 p.m. complaining of technical difficulties and asked his station to broadcast it.
Mr. Bishop insisted the BBC put up a message on their station making it clear VSB were showing it because of the earlier warning and asked for payment.
The magistrate said BBC chief executive officer Rick Richardson said it would be sorted out later but it was a matter of urgency to get the games on air.
The court heard VSB dropped their own sponsored programmes and had the ceremony up at 10.30 p.m. and ran it for the next eight hours.
Early next morning BBC resumed coverage after fixing their difficulties. VSB then sent an invoice totalling $7,200 for coverage at $900 an hour.
The court heard that the BBC said they were not obliged to pay because VSB had benefited.
The BBC then threatened to counter sue for fees in excess of $8,000.
Mr. King said: "I find this not only preposterous but repugnant."
"It's like saying to a child you can go to Horseshoe Bay and when they go you turn round and say I can flog you."
Mr King note that Ms Ming admitted that VSB had raised the cash issue and were told the matter would be discussed.
And Mr. King noted she had testified there was no time to draw up a written contract while Mr. Richardson claimed DeFontes had agreed to carry the Olympics out of public interest.
Mr. King said: "I reject outright this agreement. There are no free lunches in the corporate world.
"Rivals don't give away free things. It's a cut throat business in the corporate world."
Particularly after the BBC had just issued DeFontes with a "veiled threat", said Mr. King and DeFontes had dropped their sponsored programmes and put on the Olympics within 15 minutes of BBC's desperate request.
He said both Ms Ming and Mr. Richardson had admitted Mr. Bishop had raised the money issue and had never said it would be gratis. Mr. King said the $7,200 was reasonable in the situation.
After the hearing Mr. Bishop said: "We are quite pleased. It has dragged on for over a year.
"We have bailed them out of a serious situation.
"In fact the only Bermudian athlete who was participating in the games was due to come up. And I think that was part of the necessity on their part to indicate to us to get it on as soon as possible to see Mr. Singleton.
"Patrick came just after 10.30. We missed him actually walking out on to the field. During the breaks we re-ran his complete entry.
"We were able to achieve that and when the bill went out we thought everything was a done deal but it turned out it wasn't."
Asked if the row had soured relations between the two broadcasting firms Mr. Bishop said: "I wouldn't say that relations have been great terrific between Bermuda Broadcasting and DeFontes Broadcasting.
"We are competitive entities and in the past we have been the underdog in most situations and had to try that much harder."
He said VSB saw their rival was in problems at 9 p.m. Then Ms Ming rang in a distressed manner.
"The biggest upset to me was to receive this very harsh directive from them literally just two days before the games were to be broadcast saying you will not, in no uncertain terms, do anything with the Olympic Games, be it clips or whatever.
"Then we get this call at 10.15 saying now you will and after we have done all this we still get a situation where they are not going to pay you.
"It is all a bit of a farce really."
Asked if his station would ever help out the BBC again he said: "We wouldn't come to the fore without something definite in writing.
"But as the magistrate pointed out in those circumstances it was impossible - 15 minutes to get the thing on the air."
He said he was glad he had made BBC put up a notice advising viewers to switch to VSB which made it clear that VSB has permission to show the games.
"We have dealt with them so long and have been aware of things like this which can happen so I don't take chances anymore.
"We try to get everything in writing, it could have been quite awkward for us if we hadn't had that information that the public were aware of."
