Strong FY 2010 adjusted revenue growth of 11% was powered by a 15% rise in subscription revenues, reflecting a mixture of solid subscriber growth in spite of the recession and burgeoning multi-product sales, with HD subscriptions registering a net increase of 1.63 million to end the year at 2.94 million and the telecoms sector breaking into operating profit in Q4

Firm cost control and streamlining of manufacturing and subscriber management expenses now make Sky’s 25% TV operating margin target look very achievable, but also leave it room to increase spend on programming substantially within the guidance limits of pegging increases to the rate of revenue growth

Overshadowing the results is News Corp’s proposal to purchase the 60.9% of BSkyB shares that it does not already own, subject to regulatory review. Assuming it goes ahead, News Corp will have a larger market share in the UK across media (TV, newspapers and books) than any other company in a major market

Virgin Media’s Q2 results showed real strength in the top line, with continuing growth in cable revenue due to increases in both price and volume compounded by long-awaited growth in revenue from mobile and B2B, although overall performance was compromised to an extent by higher costs

The sale of VMtv to Sky cements a de facto pay TV duopoly by clarifying the distinctive wholesale and retail roles of the two leading players, against which others will find it hard to compete

The outlook continues to look encouraging despite the economic environment and this is reflected in management’s plan to return £700 million of capital, a historic milestone in the history of UK cable

The transaction size means that the OFT was obliged to examine BSkyB’s purchase of the VMtv channels. The transaction will probably be approved because of the small impact on Sky’s share of NAR (Net Advertising Revenue), which will rise from around 14% to 16%

The more pressing competition concern, which has attracted little attention, is Sky’s growing market power in the determination of carriage fee payments. Nevertheless the lack of companies actively prepared to complain to the OFT probably means that the transaction will go through without a murmur

Separately, the likely purchase of Five by Richard Desmond raises regulatory issues to do with the possible reduction of media ‘plurality’. The Sky/VMtv transaction and Channel 4’s taking over UKTV advertising sales also places Five Sales in a significantly weaker position, but any attempts to join with one of the big three sales groups (ITV, Channel 4 or Sky) may well be rejected by the competition regulators

BT’s launch of Sky Sports should help reduce customer churn to Sky and other competitors, although we expect the extent of ‘win back’ to be modest

The financial impact on BT should be positive but of limited significance at group level due to the negative margin involved on the Sky Sports element of the bundle

Sky is likely to deploy a number of countermeasures that may negate some of the benefits to BT

News Corp’s bid for the shares it does not own in BSkyB is unlikely to generate much concern at the OFT because newspapers and TV will be seen as being in separate markets

But, separately, the Secretary of State for Business, Vince Cable, is entitled to make a ‘public interest’ intervention that requires the plurality issue to be assessed alongside the competition investigation over the next few weeks

We think that there is a strong case that the transaction does raise substantial issues of ‘plurality’ as defined in the Court of Appeal judgment on the purchase of ITV shares by BSkyB in 2006.1 Whether the new Secretary of State has the stomach for a fight with the company must be open to substantial doubt

Subject to BBC Trust approval, Canvas looks almost certain to launch in spring 2011 after the OFT decided that it did not have the jurisdiction to review Canvas under the merger provisions of the Enterprise Act 2002. The OFT decision does not rule out complaints on other grounds, but the chances of persuading the regulators look very small

The launch of Canvas promises to strengthen significantly the free-to-air digital terrestrial platform, otherwise very limited compared with satellite and cable platforms in terms of bandwidth, but mass adoption poses numerous challenges and it is open to question whether Canvas will ever extend to more than half the DTT base

In the long term, it is hard not to see Canvas as an interim step in the growing convergence between the TV screen and the internet, raising the question of how successfully its PSB TV-centric approach can adapt to the coming challenges of the full blown digital age

Sky Q3 2010 adjusted revenues showed strong year-on-year growth of around ten percent in the year to date (10.7%), and in the third quarter (11.1%), marked by strong product sales into its existing subscriber base, especially in HD, but also solid progress in broadband, telephony and line rental

The rise in revenues was more than matched by a rise in costs (up 11.7% in the first nine months); however, this was largely accounted for by a one-off rise in programming costs in the wake of Setanta’s departure in June 2009 and upfront HD investment and direct network costs associated with the strong growth in product take-up

Once the HD and direct network investment costs driving product growth have washed through, Sky appears well on track to deliver operating margin growth into the upper twenties for its TV business and into the high single digits for its telecoms business; which we expect to experience little direct material impact in the next five years from the implementation of the Ofcom wholesale must-offer remedy

Implementation of Ofcom’s wholesale must-offer (WMO) remedy for Sky Sports 1 and 2 is to proceed while the Competition Appeal Tribunal (CAT) hears Sky’s appeal, but subject to conditions which include restricting it to three parties: Virgin Media, BT and Top-Up TV

The settlement marks an important concession by Sky on the principle of enforced wholesale, and seems implicitly to reduce the WMO issue to one of price

DTT viewers should now be able to access live Premier League and other premium sports action on Sky Sports 1 and 2 from the start of the 2010/11 football season; but the ability of BT and Top-Up TV to capitalise depends on several factors, among them the possibility of Sky launching Picnic should it satisfy Ofcom’s limited preconditions for that service

Ofcom’s long awaited final statement on its pay-TV investigation will include its decision over Sky’s Picnic proposal

We expect Ofcom to greenlight Sky’s Picnic subject to ancillary conditions aimed at preventing the DTT pay-TV platform tipping towards Sky, and giving other DTT pay-TV retailers the chance to establish successful competing businesses

It is not at all certain whether Ofcom will have addressed the concerns of competing pay-TV retailers fully to their satisfaction via the soon to be announced ancillary conditions, while Sky has other routes to the DTT market besides Picnic

The News Corp management has given Sky Deutschland a full and costly revamp in 2009, leading to a steep year on year increase in negative EBITDA of around €200 million

Underlying trends of improvement in net subscriber additions, ARPU growth and churn reduction, assisted by its HD offer, suggest that Sky management will get close to, if not actually meet, its 2011 breakeven target

However, there are significant downside risks in the historically tough German pay-TV market, and robust profitable growth beyond 2012 presents a real challenge