Pay TV phase three document - Stakeholders - Ofcom

Consultation questions
Pay TV phase three document – non-confidential version
(c) terms of payment and billing procedures, including the
arrangements under which the number of subscribers shall be
agreed for the purposes of calculating payments due;
(d) the arrangements under which changes to the content of
the Licensed Service shall be notified and agreed;
(e) a dispute resolution procedure to be used between the
parties; and
(f) the duration of agreements and notice periods.
(4) If the Licensee includes a Non-TV Product as part of a
package it retails to consumers with the Licensed Service; and the
incremental price of that Non-TV Product exceeds the long-run
average incremental cost of that Non-TV Product (the “Amount”);
then each of the Maximum Prices shall be reduced by the Amount.
(5) The Licensee shall comply with any direction or request for
information issued by Ofcom for the purpose of ensuring, monitoring
or investigating compliance with this Condition 14A.
(6) In the event that a person accepts an offer made pursuant
to Condition 14(A)(1) the Licensee shall use its best endeavours to
enable that person to commence retailing of the content of the
Licensed Service, including Interactive Content.
(7) For the purposes of this Condition 14A:
“Maximum Prices” means [a set of prices would be established
pursuant to the consultation, as discussed in Section 9 above]
“Minimum Qualifying Criteria” means the minimum requirements that
must be satisfied by a potential purchaser requesting supply under
Condition 14(A)(1), which may include requirements relating to: (a)
financial standing; (b) technical standards for retail provision of
content; (c) technical standards for securing wholesale supply of
content; and (d) encryption and security (including allocation of
liability);
“Non-TV Product” means a service which does not consist primarily
in the provision of programmes.
“Qualifying Platform” means any platform used for the distribution of
programmes to residential consumers in the United Kingdom, other
than a platform operated by the Licensee.
26. Do you have any comments on the draft wording of this condition, in light of the
positions we have set out in the previous two sections?
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