Pay TV phase three document - Stakeholders - Ofcom

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Pay TV phase three document – non-confidential version 8.115 We acknowledge the argument of the Four Parties that ex ante measures to prevent the warehousing of SVoD rights by a licensed broadcaster are within the scope of Ofcom’s powers under s316 CA03. However, these powers relate to the provision of licensed services, and not to the manner in which such upstream content rights are sold and subsequently exploited. We set out our intention at the end of this document to address issues relating to SVoD rights on movies through an intervention at the rights level. This is the most direct way of addressing the concerns we have in this area. 8.116 Sky does however supply an SVoD service – Sky Player on PC – to existing subscribers to Sky’s linear channels, as well as on a standalone basis. Section 316 CA03 does permit us to consider services which are ‘connected services’ to a licensed service within the scope of a license condition, and we believe that when Sky Player is provided to an existing subscriber to Sky’s linear channels it is indeed a ‘connected service’ in the sense of s316. 8.117 As this is an existing service, and one which is clearly connected to the main retail offering, we might therefore expect this also to be offered by Sky to customers of other retailers alongside the linear product. Not doing so would imply a degree of discrimination between Sky’s internal supply and the approach to third parties. We are not however clear that this if this service is not part of the wholesale must-offer obligation there would be a continued risk to fair and effective competition. We also question whether it would be appropriate to include this as part of the remedy given that in order to allow customers of third party retailers with access to Sky Player, Sky would require commercially sensitive information on the identity of these customers, and the content which they are entitled to access. 8.118 In light of this, and our primary intention to address VoD issues through action at the rights level as we set out in section 12, we do not consider it would be appropriate to include this element within the scope of the wholesale must-offer obligation. We would be prepared to review that position if, following any implementation of a wholesale must-offer, it became apparent that restricted access to this service created a risk to fair and effective competition. Consultation questions 7. Do you agree with our view that it would not be more appropriate to proceed in relation to some or all of the matters in question under CA98? 8. Do you agree that a wholesale must-offer is in principle the best way of answering our concerns around restricted distribution of Core Premium channels? 9. Do you agree with our proposal not to apply a remedy to wholesalers without market power? 10. Do you agree with our proposal not to extend a remedy to retailers on Sky’s own platforms? 11. Is it necessary for us to set the prices of a wholesale must-offer? 12. Do you agree with our overall price-setting approach of using retail-minus, with a cost-plus cross-check? 13. Do you agree with our proposal to include HD and primary interactive sports content in a remedy? 263
Pay TV phase three document – non-confidential version 264 14. Do you agree with our views as the concerns relating to commercial premises?
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Pay TV phase three document Propose
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Section 1 1 Summary Pay TV phase th
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Pay TV phase three document - non-c
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(4) In this section— Pay TV phase
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Ofcom’s views Pay TV phase three
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� Annex 3: consultation response
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Content aggregation and market powe
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Respondents’ views 4.36 Sky comme
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Respondents’ views Pay TV phase t
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Our current view Pay TV phase three
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Retail markets for premium sports c
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Responses to our consultation Pay T
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Consumers’ observed responses to
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� DTT. � IPTV. Pay TV phase thr
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Production differentiation Pay TV p
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Barriers to entry and expansion Pay
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Background Pay TV phase three docum
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Figure 50 Distribution of Setanta p
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[ � ] 376 [ � ] 377 Pay TV phas
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Section 11 Pay TV phase three docum
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Consultation questions Pay TV phase
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Annex 1 1 Responding to this consul
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Annex 2 2 Ofcom’s consultation pr
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Cover sheet for response to an Ofco
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Pay TV phase three document - Stakeholders - Ofcom

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