2013 has seen yet another year of strong growth in consumer adoption of mobile devices and screens adding to the challenges facing traditional media. Press and radio have long been affected, but television is now starting to feel the heat

BT and Sky’s contest for premium pay-TV sports rights has intensified. August saw the launch of BT Sport, while BT’s acquisition of the European football rights in November was a clear statement of intent, spending half of Channel 4’s total programming budget on approx. 200 hours of content

The UK has seen buoyant advertising growth of around 4% in 2013, with similar growth expected in 2014, in the context of the strongest economic recovery in Europe

The launch of BT Sport and the acquisition of European Champions League and Europa League rights have set the scene for the fiercest of conflicts when the domestic live Premier League rights fall due for renewal by auction in 2015

The scale of BT’s ambitions when translated into spend per percentage share of total viewing across the year are staggering for a national TV industry generating circa £12 billion a year on programming spend of less than £6 billion. The current level of rights payments by BT imply a grand annual total of £100+ billion, if all other parties paid the same rate

So far, BT Sport has performed similarly to Setanta and ESPN in terms of audience share, and with little visible gains since launch in the total estimated base of about 3.5 million households taking BT Sport. However, BT has a long-term vision and 2015 promises to be a crunch year

The Court of Appeal held full day hearings on 5 and 6 December 2013 in response to the appeal by BT against the earlier verdict of the Competition Appeal Tribunal (CAT) published on 12 August 2012 that the core competition concerns that led to Ofcom’s Wholesale Must Offer (WMO) remedy were not justified by the evidence

Although it may take some weeks or months before the verdict is published, the hearing appeared to run in BT’s favour (contrary to what we had anticipated), as the judges seemed convinced that the CAT had made an important mistake in not assessing whether Ofcom’s price proposals were a reasonable response to Sky’s dominance in retailing premium pay-TV sports

It looks as though the Court of Appeal will send the case back, saying that the CAT must now properly examine whether Ofcom’s WMO price levels were set carefully and appropriately. The CAT will not redo Ofcom’s work but rather it will check that its methods were reasonable and well thought through

BT’s case that the Competition Appeal Tribunal failed to address the reasons why the premium sports market works badly will finally arrive at the Court of Appeal tomorrow. We think BT’s chances of success are low, though a win would substantially enhance its competitive position in its battle against Sky BT’s complaint is that it has always wanted to retail Sky Sports channels, however Sky has always been unwilling to wholesale them, thereby resulting in no prospect of effective competition in the provision of premium sports on TV Ofcom implicitly endorsed BT’s position when it introduced the Wholesale Must Offer remedy. However, Sky took its case to the Competition Appeal Tribunal, which overturned Ofcom’s WMO remedy on the grounds of misinterpreting the evidence, only for BT to retort by taking its case to the Court of Appeal, which is to deliver a final verdict on whether BT is disadvantaged by Sky’s alleged anti-competitive behaviour

The UK residential communications sector again had a strong quarter for revenue growth, with reported growth from the top four operators at 5%, or around 4% excluding the one-off impact of extra BT Sport related revenues

Unfortunately cost growth was even stronger, with margins dropping at three of the four largest operators. The aggressive launch of BT Sport has driven up content costs, marketing costs or both for all of the operators

The main issue going forward will continue to be actual and potential disruption relating to BT Sport. Content and marketing costs have likely been set at a new higher level, with further increases possible up to and following mid-2015, when the next Premier League auction is due and BT takes over the Champions League rights

After several years of preparation Sky’s AdSmart launched in August and is on schedule to be offered to all advertisers in January/February 2014 after beta trials involving some 50 advertisers in the second half of 2013 AdSmart is all about addressable and low waste targeted segmentation on the Sky pay-TV satellite platform, which for the first time in UK TV history allows national channels to offer highly localised, targeted advertising AdSmart promises to grow significantly the TV advertising ecosystem, though success in realising the full revenue potential of AdSmart, possibly in the order of several hundred million pounds per annum, will depend on Sky’s ability to handle various challenges on the way, with regional press and direct mail most at risk

BT has doubled the price of the live ECL/EEL rights to £900m in order to outbid Sky and ITV and become the sole owner from 2015/16 to 2017/18 BT can easily absorb these extra costs through cost savings in other parts of its business, but the direct revenue returns through subscription charges and advertising on BT Sport are expected to fall far below the annual rights payments of £300m BT’s Euro victory is not a game changer in itself, but eyes are now firmly fixed on the next auction in about 18 months time of live PL rights, which could prove to be an inflationary bloodbath for all market participants

2014 will be a tough year for Sky as it strives to improve the connectivity across its base while facing the challenge of BT in premium sports. 2014 has started well in terms of product growth and BT Sport has had no discernible impact on Sky broadband take-up and little, if any, impact on acquisition and retention discounts offered to new and existing Sky customers. With eyes focused on the impending auction of European Champions League pay-TV rights, we think BT has every incentive to push the price up, but not actually to win them.

Although it is early days, BARB audience data already supply useful insights into the potential impact of BT Sport on the acquisition and retention of BT broadband customers and take-up of BT Infinity

Now entering its third month the very heavily publicised BT Sport has made a relatively good start in Sky households compared with its predecessors Setanta and ESPN, but less of a difference in DTT households, where getting BT Sport on BT TV is not straightforward

However, BT is still very much the junior player in a duopolistic mature market for premium sport, which we do not expect to grow significantly even if the premium sport is being given away

UK residential communications revenue growth was again strong in Q2 2013 at 4% supported by strong unit volume growth (despite seasonal factors in the quarter) and firming ARPU, helped by firm pricing and high speed broadband take up

High speed broadband adoption continued apace at BT and Virgin Media, but much more slowly at the other operators. This may start to change in the second half of the year, as Sky and TalkTalk market the product more aggressively, and a wires-only self-install version becomes available

Overall the market outlook remains very healthy, with two potential areas of market disruption – BT Sport and regulated pricing – looking like they will resolve without prompting a damaging price war