Investigation into complaint by TUTV against Sky in relation to the contract for wholesale supply of Sky Sports 1 and 2

15 December 2010

Complainant: Top Up TV Europe Ltd (TUTV)
Complaint against: British Sky Broadcasting plc (Sky)
Case opened: 15 October 2010
Case closed: 13 December 2010
Relevant Instruments: Conditions 14A and 17 of the Television Licensable Content Service (TLCS) licences for Sky Sports 1 and 2, Sections 316 and 317 of the Communications Act 2003, section 4 of the Broadcasting Act 1990, Ofcom's Pay TV Statement dated 31 March 2010 and the Competition Appeal Tribunal's Order dated 29 April 2010 1152IR BSkyB.

Update note - 5 January 2011

A non-confidential version of Ofcom's decision of 13 December 2010 is now available at the foot of this entry.

End of update note

On 13 December 2010 Ofcom concluded its assessment of Top Up TV's complaint, issuing a decision to give a direction to Sky in respect of compliance with Condition 14A of each of the Television Licensable Content Service licenses for Sky Sports 1 and Sky Sports 2. The direction states that a term of Sky's agreement for the wholesale supply of Sky Sports 1 and Sky Sports 2 to TUTV, restricting provision of the channels via CI+ CAMs, is in breach of Condition 14A and requires that term to be removed. We intend to publish a non-confidential version of the decision in due course. The decision constitutes the exercise of a Broadcasting Act power for a competition purpose pursuant to s317(4) of the Communications Act 2003 and therefore gives rise to the rights of appeal contained in s317(6).

Text published when case was opened

Ofcom has opened an investigation to consider a complaint submitted by TUTV in relation to the terms of its contract for wholesale supply by Sky of Sky Sports 1 and Sky Sports 2. The complaint relates to a restriction on the provision of the channels via CI+ CAMs (conditional access modules).

Case Leader: William Hayter (email: william.hayter@ofcom.org.uk)