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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 />

278<br />

an ‘efficient’ entrant, acknowledging the trade-off between the dynamic benefits of<br />

entry and competition, and the static costs of inefficient entry.<br />

9.63 The approach we have adopted is to derive prices on a retail-minus basis for an<br />

efficient entrant looking to retail Core Premium channels. The efficient entrant is<br />

hypothetical – we do not focus on a particular potential or existing retail competitor to<br />

Sky. Our concept of ‘entrant’ is a potential or existing retailer who does not currently<br />

offer Core Premium channels, but might well be offering other retail services,<br />

including other pay <strong>TV</strong> services.<br />

9.64 The general principle of a retail-minus approach is to derive wholesale prices by<br />

asking: ‘how much could an efficient entrant afford to pay for the wholesale channels<br />

after taking into account all of its other costs and the need to earn a return on its<br />

investment?’ The resulting wholesale prices should be at a level which allows the<br />

efficient entrant to compete with Sky in retail markets, providing similar products at<br />

similar prices. That is not to say we would expect or desire competitors to adopt<br />

identical business models to Sky, but rather that there should be a comparable retail<br />

cost ‘allowance’ for others to compete in retail markets. For example, the cost<br />

allowance might be used to subsidise set-top boxes or license basic channels<br />

(following a similar business model to Sky), to package Core Premium channels<br />

alongside new services, or to retail unbundled packages at a lower price point. Our<br />

intention would be to facilitate diversity in business models and product offerings in<br />

order to provide greater choice to consumers.<br />

9.65 In addition to this retail-minus calculation, adopting a cost-plus cross-check ensures<br />

that our proposed approach would enable Sky to recover the costs it efficiently incurs<br />

in the provision of its Core Premium wholesale channels.<br />

9.66 For the retail-minus calculation, at this most fundamental level there are therefore<br />

two key questions:<br />

� What retail prices should we start from?<br />

� What costs should we deduct from the reference retail price?<br />

9.67 Both these questions raise further methodological issues in calculating retail-minus<br />

wholesale prices. In particular:<br />

� Should we adopt a single year or a multiple year analysis?<br />

� How should we allow for an appropriate return?<br />

� What is a reasonable scale to consider for the efficient entrant?<br />

� How should we deal with differences in the costs of alternative distribution<br />

technologies?<br />

9.68 We have also considered separately how to derive wholesale prices for HD versions<br />

of the Core Premium channels on a retail-minus basis, given Sky’s current retail<br />

pricing structure (see paragraphs 9.138 to 9.143).<br />

Retail prices as the starting point of the calculation<br />

9.69 The first step of the retail-minus calculation is to derive a retail price for each of the<br />

11 Core Premium wholesale products identified in the list in paragraph 9.22. This

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