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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 />

324<br />

Sky’s Core Premium channels and that there is no evidence to suggest other<br />

operators are any less interested in obtaining Sky’s channels.<br />

10.31 Most importantly, consumers would be able to make choices based both on their<br />

content preferences and their platform preferences.<br />

10.32 As explained in section 7, the most obvious manifestation of reduced consumer<br />

choice is the restricted availability of Sky’s premium content on other platforms. The<br />

fact that consumers on a number of DTT and IP<strong>TV</strong> platforms are currently either<br />

unable to access the most valuable sport and movie content, or face restricted<br />

access, is a source of concern.<br />

10.33 On DTT, we consider there to be significant opportunity for market expansion, given<br />

that there are about ten million DTT-only households 561 who cannot at present gain<br />

access to Sky’s Core Premium channels (although they can currently access Setanta<br />

Sports 1, which is a Core Premium channel). While DTT is not suited to carrying<br />

large packages of pay <strong>TV</strong> channels (unlike cable and satellite), given its capacity<br />

constraints, the evidence we have seen indicates that there is significant unmet<br />

demand for Sky’s Core Premium channels on platforms using this distribution<br />

technology (see paragraphs 7.65 to 7.74).<br />

10.34 For example, Sky estimated (in April 2008) that around [ � ] households would<br />

subscribe to premium content on its proposed Picnic service within five years of<br />

launch, equivalent to around [ � ] per cent of DTT-only households 562 . More<br />

generally, research carried out by Freeview in November 2007 found that around 22<br />

per cent of Freeview users would definitely or probably consider paying either a<br />

monthly or one-off fee to access more channels/programmes in addition to<br />

Freeview's channels 563 .<br />

10.35 There may also be scope for market expansion on IP<strong>TV</strong>, as this distribution<br />

technology becomes more practical for pay <strong>TV</strong>, where at present Sky’s Core<br />

Premium channels can only be accessed via Sky by Wire and Sky Player.<br />

10.36 We may also see some market expansion on cable under a wholesale must-offer<br />

remedy, where take-up of Sky’s Core Premium channels is currently much lower than<br />

on satellite 564 . We have been provided with evidence to suggest that this may be<br />

attributable, at least in part, to Virgin Media’s lack of an incentive to invest in<br />

marketing Sky’s Core Premium channels as a consequence of wholesale charges<br />

being too high, and some additional services not being available (see paragraphs<br />

6.115 to 6.124).<br />

561 See <strong>Ofcom</strong>’s Digital Television Update – 2008 Q4:<br />

http://www.ofcom.org.uk/research/tv/reports/dtv/dtu_2008_04/.<br />

562 [ � ].<br />

563 462 face-to-face interviews were conducted between 14 and 25 November 2007 by Taylor Nelson<br />

Sofres on behalf of Freeview. 70% of respondents were Freeview viewers and 30% were non-digital<br />

viewers.<br />

564 On cable, Virgin Media currently has about 3.5 million subscribers, of which [ � ]% (about [ � ])<br />

subscribe to one or more of Sky’s Core Premium channels. This is a reduction of [ � ]% from the<br />

penetration rate in 2000.

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