Pay TV phase three document - Stakeholders - Ofcom

Pay TV phase three document – non-confidential version
Section 3(3)
2.44 Under s3(3)(1) Ofcom must have regard to the principles under which regulatory
activities should be transparent, accountable, proportionate, consistent, and targeted
only at cases in which action is needed.
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� Transparency and accountability: This is Ofcom’s third consultation under its
market investigation process. During this process we have published a
substantial amount of information, produced by ourselves and also by
stakeholders. We take these principles into account in this document, in particular
in our approach to considering the appropriate form of remedies for dealing with
competition concerns identified.
� Proportionality, consistency and targeting cases where action is needed: We take
into account these principles in particular in section 10 where we consider the
proportionality of an intervention under s316 CA03 by reference to an impact
assessment and in the process of considering the options for the content of
remedies for consultation.
2.45 Under s3(3)(b) we must also have regard to our own regulatory principles, which
include the requirements that:
� Ofcom will operate with a bias against intervention, but with a willingness to
intervene firmly, promptly and effectively where required.
� Ofcom will strive to ensure its interventions will be evidence-based, proportionate,
consistent, accountable and transparent in both deliberation and outcome.
� Ofcom will always seek the least intrusive regulatory mechanisms to achieve its
policy objectives.
� Ofcom will consult widely with all relevant stakeholders and assess the impact of
regulatory action before imposing regulation upon a market.
2.46 These principles are taken into account in sections 8 to 12 below in the assessment
of potential remedies for addressing the competition concerns identified.
Sections 3(4) and 3(5)
2.47 Section 3(4) CA03 sets out certain other factors to which Ofcom should have regard
in performing its principal duty of furthering the interests of citizens and consumers.
Those which are most relevant in the context of this process are:
� The desirability of promoting competition in relevant markets. This further
establishes that in regulating the broadcasting sector Ofcom has a duty to
consider the merits of interventions designed to promote competition where we
have identified issues affecting consumer interests.
� The desirability of encouraging investment and innovation in relevant markets.
We include in our impact assessment and our consideration of potential remedies
the potential (positive and negative) impacts on investment and innovation.
� The opinions of consumers and members of the public. We have used consumer
surveys to inform our analysis where appropriate and welcome further responses
to this consultation from members of the public.