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21|04|06

Ofcom publishes draft guidelines on Technical Platform Services

Since 1997, BSkyB has been subject to regulation regarding the terms and charges for broadcasters and operators of interactive television seeking to make their content available on the BSkyB satellite platform.

This regulation of Technical Platform Services (TPS) was established under Ofcom's predecessor, Oftel. The pre-existing regulatory regime has now been carried forward under Section 45 of the Communications Act, which requires Ofcom to ensure that third parties have access to those services on fair, reasonable and non-discriminatory terms. Digital terrestrial and cable digital platforms are not currently subject to this regulation. Oftel last published guidelines on how it would interpret this regulation in the event of a dispute in 2002.

Ofcom believes that these guidelines do not provide sufficient clarity or certainty for broadcasters. In the absence of transparent guidelines on Technical Platform Services charging, it is difficult for customers to plan for the charges to be incurred for the broadcast of their programmes or services on the BSkyB platform. This is likely to be particularly acute for new providers or new services.

In November 2005 Ofcom consulted on its proposals to revise the guidelines for Technical Platform Services. The consultation closed in February 2006 and Ofcom has considered the responses carefully.

Ofcom is today publishing a draft explanatory statement and revised guidelines which explain how it would in future interpret the regulatory conditions placed on BSkyB to offer Technical Platform Services on fair, reasonable and non-discriminatory terms.

In the interests of regulatory transparency, Ofcom has decided to conduct a short consultation on the draft explanatory statement and revised guidelines to provide stakeholders with an additional opportunity to comment on Ofcom’s approach before the guidelines are published and take effect.

The consultation closes on 22 May 2006.

The consultation document can be found in the Related Items.

Ends.

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