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

Today ITV officially rejected NTL's bid, currently worth around 120 pence/share with, among others, the consequence that Sir Peter Burt will have to continue to show up for meetings at ITV for the foreseeable future

Although NTL could use ITV programming to improve its competitiveness, it is difficult to see how yet another acquisition could be justified, given the managerial and financial burden that would result. Nevertheless, we believe that NTL will move heaven and earth to acquire ITV and is deeply serious in its intentions

Having experienced an almost straight-line decline in its audience, ITV1’s 20% share of total viewing in 2006 is about half of what it was in 1992. Although the causes of this dramatic decline have varied, the result has always been the same. When and where will it end? ITV1 Viewing Decline: Causes and Prospects [2006-63] examines the most recent viewing trends, starting in January 2003 and coinciding with the launch of review. This period has seen especially rapid digital growth, with almost 80% of the population now able to receive digital TV channels at home, compared with just over 50% at the start of 2003

Under mounting competitive pressure from Sky, NTL needs to reinforce its position in content and has approached ITV about a possible combination

Total TV advertising expenditure is expected to fall between 4% and 7% in 2006. ITV1 will suffer most, with a projected fall in NAR of around 13-14%, but the rest of the TV industry is also starting to feel the pain

ITV plc national advertising revenues (NAR) from ITV1 fell by £50 million in 2005. This was caused chiefly by a loss of more than 6% in weighted share of commercial impacts in 2004, which enables a proportionately similar reduction in 2005 ITV1 NAR under the CRR remedy. It was offset by total TV NAR growth of about 2.5% in 2005 

BT is clearly positioning its new, 21CN-based wholesale services as an economically viable alternative to both DIY and wholesale LLU