THE satellite broadcaster Sky could take the government to court if it loses its exclusive rights to televise next September's Ryder Cup matches between Europe and the USA at the K Club.
Sky Ireland has informed the Minister for Communications, Noel Dempsey, that if the Ryder Cup television coverage is designated free to air, it "reserves the right to take all actions necessary to protect its property rights and its business interests, and challenge any such unwarranted unlawful interference".
Sky has broadcast the highprofile biennial event since 1995, and in 2002 signed a contract with the European Tour for exclusive live coverage of the first Ryder Cup ever to be staged in Ireland.
However, that deal is now under threat as Dempsey decides whether or not to add the K Club matches to the current list of free-to-air sporting events such as the Summer Olympics and the All Ireland senior football and hurling finals.
According to Sky Ireland, there is "no doubt that designation of the 2006 Ryder Cup would be seen by sports rights bodies, investors and businesses more generally, as an unjustified interference with contractual rights".
The claim is contained in a letter to Dempsey, who had invited submissions as part of his review of the list of freeto-air events, from Sky Ireland deputy managing director, Mark Deering. The European Tour, which effectively controls the Ryder Cup when it is played in Europe, as well as the PGA of America, have indicated their support for Sky's position, while both TV3 and Setanta Sports have called for the Ryder Cup not to be included on the list of designated sporting events.
Meanwhile, RTE, whose broadcast rights are confined to highlights packages and to the opening and closing ceremonies, has pointed out to Dempsey's department that viewer access to the September matches will come at a higher cost under the Sky deal, and that it will be confined to cable and satellite homes. However, Sky Ireland has claimed that when the list of events was reviewed in 2002, RTE failed to call for the designation of the Ryder Cup as free to air.
"The designation of the Ryder Cup was considered by the Department of Communications in 2002, " Sky Ireland says in its letter, "and following extensive consultation concluded that the event should not be designated.
There have been no changes in circumstances since then which would warrant a change in policy."
Padraig Harrington, Darren Clarke and Paul McGinley are virtually certain to be part of the Europe team at the K Club, while Graeme McDowell's qualification would make it a record four-man Irish representation.
Against a backdrop of Taoiseach Bertie Ahern's insistence last month that the government was "trying to organise free to air for the Ryder Cup", Dempsey will be faced with two choices when he receives a report from his officials at the end of the month. Either he will decide that the Ryder Cup should not be on the list of designated events, or he will say he is still considering the matter, and set up a series of meetings with interested parties.
The European Tour and Sky Ireland have already asked to meet the minister, with the tour being represented by Fintan Drury, who heads up the sports, sponsorship and event management agency, Platinum One.
Drury, who has described himself as a "key player" in bringing the Ryder Cup to Ireland, was appointed by Dempsey as chairman of the RTE Authority, but resigned from the position over a potential conflict of interest following Dempsey's announcement that he was considering the addition of the Ryder to the list of free-to-air events.
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