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Pay TV phase three document - Stakeholders - Ofcom

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<strong>Pay</strong> <strong>TV</strong> <strong>phase</strong> <strong>three</strong> <strong>document</strong> – non-confidential version<br />

� On 13 August 2008, Sky made a further submission to <strong>Ofcom</strong> entitled “An<br />

examination of LECG’s arguments in relation to pay <strong>TV</strong> operators’ ability to<br />

monetise the acquisition of new content”.<br />

� On 15 August 2008, Virgin Media made a “supplementary submission” to <strong>Ofcom</strong>,<br />

which focused on the idea that “UK pay <strong>TV</strong> consumers can be better served”.<br />

� On 16 September 2008, Sky made a submission to <strong>Ofcom</strong> in response to the<br />

Four Parties’, BT’s and Virgin Media’s August submissions.<br />

� On 22 September 2008, Sky provided a <strong>document</strong> to <strong>Ofcom</strong> which it had<br />

commissioned from CRA International, commenting on the submission from the<br />

Four Parties dated 6 August.<br />

� On 24 September 2008, Sky provided a <strong>document</strong> to <strong>Ofcom</strong> entitled “A review of<br />

LECG’s critique of PwC’s report on the outcomes for consumers in relation to pay<br />

<strong>TV</strong> in Europe”.<br />

� On 30 September 2008, we published our second consultation on pay <strong>TV</strong>,<br />

relating to access to premium content. The consultation period closed on 9<br />

December 2008. We received 26 responses to the consultation. One of the most<br />

substantial responses was submitted by Sky on 14 January 2009, and the final<br />

response was submitted by [ � ] on 21 January 2009. Seven responses were<br />

submitted confidentially. <strong>Ofcom</strong> published all non-confidential responses on 4<br />

February 2009.<br />

� On 12 May 2009, Sky provided comments on an initial paper by Oxera setting out<br />

its methodology for assessing Sky’s profitability.<br />

� On 27 May 2009, Sky provided a submission to <strong>Ofcom</strong> responding to points<br />

made in various parties’ responses to the Second <strong>Pay</strong> <strong>TV</strong> Consultation.<br />

� On 1 June 2009, Sky provided a submission to <strong>Ofcom</strong> on market definition and<br />

market power. This submission was a supplement to its January 2009 response<br />

to <strong>Ofcom</strong>’s Second <strong>Pay</strong> <strong>TV</strong> Consultation.<br />

� On 5 June 2009, Sky provided a submission to <strong>Ofcom</strong> on platform security<br />

issues.<br />

� Also on 5 June 2009, Sky provided a submission to <strong>Ofcom</strong> commenting on other<br />

respondents’ views on the scope of the wholesale must-offer remedy proposed<br />

by <strong>Ofcom</strong> in the Second <strong>Pay</strong> <strong>TV</strong> Consultation.<br />

2.4 We have published the submissions we have received from Sky over the past two<br />

months alongside this <strong>document</strong>, apart from Sky’s paper on security, which remains<br />

confidential.<br />

Introduction<br />

2.5 This process began as a general investigation into pay <strong>TV</strong> markets, prompted by a<br />

request for a market investigation reference to the Competition Commission (“CC”)<br />

under the Enterprise Act 2002 (“EA02”). We first consulted in December 2007 on the<br />

overall structure and operation of the market.<br />

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