Pay TV phase three document - Stakeholders - Ofcom

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Pay TV phase three document – non-confidential version 9.236 We consider that compliance with the existing codes will address many of the concerns we might have on how Sky may cross promote its channels and services. We therefore do not intend to introduce specific conditions relating to these activities. 9.237 However, we would expect Sky to ensure that the feeds provided to third party retailers did not include excessive promotions of services and features which were not available to consumers on non-Sky platforms which could lead to consumer confusion or that might degrade the consumers’ perception of the quality of the service provided by their pay TV retailer. 9.238 Individual retailers would be free to reach commercial agreement with Sky if they wished to distribute a different version of the Sky channels to those distributed by Sky on its retail services or advertise on these channels. For example, they may negotiate running different promotions during promotional air time or inserting different advertisements. Complaint handling 9.239 Ofcom has published guidelines on how we will handle complaints that are referred to us for investigation including complaints regarding conditions set under section 316 of the Communications Act 2003 (http://www.ofcom.org.uk/bulletins/eu_directives/guidelines.pdf) 556 . 9.240 Whilst our preference is for prospective retailers and Sky to reach commercial agreement in relation to supply of the relevant channels and content, in the event that a complaint is brought to us, we would normally follow these guidelines (or any subsequently published guidelines) in handling the complaint unless there is a good reason not to do so. Review provisions 9.241 In our Second Pay TV Consultation, we stressed that such an intervention should not have an indefinite life. We suspected that reviewing the regulation after it had been in force for a period of time – say, three years – might be appropriate. 9.242 [ � ] considered three years as an appropriate time to review. [ � ] also believed that it should correspond with the duration of the exclusivity of the key content rights and therefore suggested to review the provision at the time of the next auction. 9.243 The BBC thought that three years seemed “broadly right”, as a shorter period could not give enough time for wholesale or simulcrypt arrangements to be negotiated and implemented and for Ofcom and the industry to evaluate their effectiveness. It pointed out that the review should coincide with the outcome of the next FAPL rights auction. 9.244 The FAPL said that any wholesale must-offer obligation should be subject to regular review by Ofcom and should be reviewed in line with changes of ownership of the programming rights to which any such wholesale remedy applies. 556 These were adopted in 2004 and remain in force, however stakeholders may also consider Ofcom’s 2006 consultation on revised guidelines which are available at http://www.ofcom.org.uk/consult/condocs/enforcement/ 317
Pay TV phase three document – non-confidential version 9.245 Given the broad agreement of our proposals in our Second Pay TV Consultation we propose to commence a review of this regulation three years after it comes into force. However, it may become appropriate to review the provisions before this time if we were to consider that there had been a material change in the operation of the market. Consultation questions 318 15. Do you agree in principle that our retail-minus calculation should start from Sky’s retail prices and deduct the retail costs of an efficient entrant? 16. Do you agree with our proposal to set simple linear prices per subscriber, allowing flexibility for other pricing structures? 17. Do you agree with our proposal for wholesale prices to evolve over time according to a ‘ratchet’ approach and how should these prices track retail prices over time? 18. Do you agree with the principle that the same price for a ‘factory gate’ product should apply to all retailers regardless of their scale and choice of distribution technology? 19. Do you agree with our approach for deriving starting retail prices given the complexity of retail bundling? 20. Do you agree with our calculation methodology to deduct retailing costs – in particular the use of a discounted cashflow analysis, deduction of incremental and pro-rated fixed and common costs, and the use of Sky’s costs as an efficient retailer? 21. Do you agree with our proposal to focus on deriving prices for a ‘large’ entrant scale retailer using DTT transmission and what are your views on our range of prices? 22. Do you agree with our approach to deriving a wholesale price for HD services and what are your views on the resulting range of prices? 23. Do you agree with our proposals for non-price terms – in particular on Minimum Qualifying Retailer, Minimum Security Requirements and a Reference offer?
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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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(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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Respondents’ views 4.36 Sky comme
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Our current view Pay TV phase three
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Choice Pay TV phase three document
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Section 9 Pay TV phase three docume
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Pay TV phase three document - Stakeholders - Ofcom

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