The proposal by the Conservatives to remove or to moderate Contract Rights Renewal if elected would put ministers back into the thick of competition issues

The Conservatives strongly supported the move to make the competition authorities independent of government in Enterprise Act 2002, and should this stance be reconsidered, the regulatory landscape for business would acquire a political dimension, to the detriment of UK business generally

CRR is a side issue and the Conservatives could be better advised to examine closely the marketplace for TV advertising sales in order to make it more transparent and thus work better for the industry as a whole

Hulu’s postponed UK launch, and the inability of SeeSaw and MSN to get carriage deals with the BBC and ITV, underscore the difficulty for internet TV aggregators of acquiring mainstream content

In-stream video advertising is nascent – we estimate it was worth just over 1% of UK TV ad spend last year – giving major channel operators/rights holders little incentive to syndicate their programming to online services

The future for ad-funded internet aggregators continues to look highly challenging, aside from YouTube, due to its audience scale and Google’s deep pockets

ITV survived the worst recession and advertising downturn in its history thanks to market outperformance, cost cutting and other measures that delivered a full year profit of £25 million despite a 7% decline in total revenues, largely the result of a £134 million drop in its core advertising revenues

With the worst of the recession past, the focus of the incoming management is on revival and sustainable earnings growth through a transformation that will make ITV increasingly less reliant on at best stable broadcast advertising revenues in the digital age

Announcement of the transformation strategy awaits the conclusion of the ongoing internal review. We are slightly more optimistic about the TV advertising outlook over the next five years and see some upside potential from possible changes in the airtime rules, whilst the key to revival rests with the future coordination of ITV’s content and multichannel interests

The IFNC process remains on track, but the pilot contracts may not be signed off this side of the general election – if Labour wins the election, this will not be material to the pilots or the wider IFNC project in the Digital Economy Bill

Given their opposition to IFNCs, we expect a win for the Conservatives would halt the pilot negotiations – as well as the wider IFNC project

The Conservative plan appears to be the creation of a network of local media companies. We are sceptical that such LMCs would be commercially viable

The Court of Appeal’s (CA) dismissal of Sky’s second attempt to overturn the Competition Commission’s (CC) decision that it must reduce its 17.9% shareholding in ITV to below 7.5% makes it increasingly probable that Sky will comply with the CC ruling at some point during 2010/2011

Although the CA’s dismissal of Sky’s appeal has always seemed the likely, even if never certain, outcome, the extra time consumed has so far benefited Sky greatly as the ITV share price has recovered from a low of below 20p in March 2009 to around 60p in January 2010

Sky’s share purchase was seen by ITV and others as unwanted interference in ITV’s affairs, but there was no suggestion of interference during the whole period of review by the competition and judicial authorities, while the outcome suggests that any future interest shown by other leading UK TV media players will probably also raise tough competition issues

Ofcom’s plan to review commercial airtime rules in 2010 with an emphasis on deregulation clashes with the Competition Commission’s provisional decision to retain the Contract Rights Renewal remedy (CRR) as it is, other than to extend the ITV1 definition to include staggercast and HD variants

The core issue is that it is impossible to address UK commercial airtime rules in isolation from CRR, which strongly motivates all parties to sell 100% of their commercial airtime inventories, and is seen by many as exerting a strong deflationary pressure on TV advertising spend

Even without CRR, the Ofcom aim of being in a position to effect change from the start of 2011 looks optimistic. Increasingly, it seems that meaningful relaxation of the existing rules will require primary legislation in order to circumvent the continuing competition issues that have led to CRR

Ofcom will announce at the end of June the new terms for ITV to operate the analogue portion of its broadcast licence for ITV1. According to Ofcom's own statements, it is obliged to estimate the full value of ITV’s operation of the analogue ITV1 service and then extract all this value – bar some profit and other small allowances – in the form of annual licence payments. To do so, Ofcom has announced a methodology based on what the winning broadcaster would bid in a hypothetical competitive tender. In order to estimate the licence payments, analysts must grapple with the highly complex tasks of inferring the model from Ofcom's description and establishing the inputs.

An eventual merger is possible but difficult, especially given Hutchison Whampoa’s inflated view of H3G Italia’s value, considering it worth about the same as Wind itself, which is double the size and actually makes a profit (unlike H3G Italia)

Nonetheless, this does create a possible exit should H3G Italia’s planned Q1 2006 IPO fail, with the consolidation likely to benefit all players in the Italian market. H3G UK does not enjoy such an option, and is struggling more on a stand-alone basis to boot