ITV complaint about Sky's proposed charge for ITV1 regionalisation

10 August 2005

Complainant: ITV plc ("ITV")
Complaint against: BSkyB and Sky Subscribers Services Ltd ("Sky")
Case opened: 31 December 2004
Case closed: 10 August 2005
Issue: Alleged breach of Sky's obligations regarding the provision of EPG (electronic programme guide) services
Relevant instrument: Ofcom considered ITV's complaint under Condition 1 and Condition 11 of Schedule 1 to the continuation notice to a class of persons defined as the licensee for the purposes of the provision of electronic programme guide services under paragraph 9 of Schedule 18 to the Communications Act 2003 ("the EPG Conditions") and Ofcom's code of practice on Electronic Programme Guides ("the EPG Code").

In light of the fact that ITV and Sky have resumed negotiations, ITV has withdrawn its complaint. Ofcom has therefore closed the case.

Case Leader: Louise Marriage ( e-mail: Louise.Marriage@ofcom.org.uk)
Case Reference: CW/00807/12/04

Text published when the case was opened

ITV complaint about Sky's proposed charge for ITV1 regionalisation

Complainant: ITV plc ("ITV")
Complaint against: BSkyB and Sky Subscribers Services Ltd ("Sky")
Case opened: 31 December 2004
Issue: Alleged breach of Sky's obligations regarding the provision of EPG (electronic programme guide) services
Relevant instrument: Condition 1 and Condition 11 of Schedule 1 to the continuation notice to a class of persons defined as the licensee for the purposes of the provision of electronic programme guide services under paragraph 9 of Schedule 18 to the Communications Act 2003 ("the EPG Conditions") and/or Ofcom's code of practice on electronic programme guides ("the EPG Code").

Background
ITV has complained to Ofcom about Sky's proposed charge for regionalisation of ITV1 on Sky's digital satellite platform.

The service that ITV has requested from Sky delivers the appropriate ITV1 regional variant to Sky digital satellite subscribers. This means, for example, that a viewer in Manchester who selects Sky channel 103 would see Granada, while a viewer in Belfast would see Ulster Television.

ITV alleges that the charge proposed by Sky for the service is not fair and reasonable, and that it is discriminatory when compared to charges made to other broadcasters for related services.

Ofcom is considering ITV's allegations.

Case Leader: Louise Marriage ( e-mail: Louise.Marriage@ofcom.org.uk)
Case Reference: CW/00807/12/04