Pay TV phase three document - Stakeholders - Ofcom

Pay TV phase three document – non-confidential version
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need to form the basis of an application to Ofcom, at which point we would review it
in the context of this proposed remedy.
Draft conditions
11.8 Under section 316(1) the regime for every licensed service shall include the
conditions that Ofcom consider appropriate for ensuring fair and effective competition
in the provision of licensed services or of connected services. Under s316(2) those
conditions must include the conditions (if any) that Ofcom consider are appropriate
for securing that the provider of a service does not engage is a practice which Ofcom
consider, or would consider, to be prejudicial to fair and effective competition. We
consider that a wholesale must-offer obligation in the proposed form falls within the
scope of s316(1) and also satisfies the requirement in s316(2).
11.9 As discussed above Ofcom proposes that it would be appropriate to include a
wholesale must-offer condition into the licences of certain channels held by Sky. The
proposed content of the condition is discussed in sections 8 to 10 above.
11.10 Pursuant to section 3(4)(b) of the Broadcasting Act 1990, Ofcom must give notice to
the licensee before varying a Television Licensable Content Service licence and
allow it a reasonable opportunity to make representations. Pursuant to that
requirement we set out below for consultation the proposed text of a condition to be
inserted into the licences held by Sky listed at paragraph 11.5 above.
14A Wholesale must-offer
(1) The Licensee shall offer the programme content of the
Licensed Service, including Interactive Content, to any person for
retail by that person to residential consumers in the United Kingdom
on Qualifying Platforms:
(a) upon reasonable request in writing;
(b) within a reasonable time;
(c) on a non-exclusive basis;
(d) on fair and reasonable terms;
(e) without any undue discrimination; and
(f) in accordance with the requirements of this Condition 14A
and any direction issued by Ofcom under this Licence.
(2) The charges offered for supply under Condition 14A(1)
shall not exceed the Maximum Prices.
(3) The Licensee shall publish by [DATE] standard terms and
conditions under which offers shall be made further to Condition
14A(1), which shall include at least the following:
(a) charges which do not exceed the Maximum Prices;
(b) the Minimum Qualifying Criteria for potential purchasers