The DCMS has published the government’s response to its consultation on the balance of payments between television platforms and public service broadcasters, the so-called issue of retransmission fees

One sure outcome is that Section 73 of the Copyright, Designs and Patent Act (CPDA) 1988, which has hitherto protected cable operators (i.e. Virgin Media) from having to pay retransmission fees, is outmoded and will go

But, we now have a disconnect. The government has stated unequivocally that it expects the continuation of no net carriage payments between the licensed PSBs and the platform operators and may consider legislative changes to ensure this. And yet ITV sees the government response as a welcome first step towards their introduction

TV viewing has one reliable, long term trend: programme genres are watched by consumers at predictable life stages and ages

At a high level, there has been little manipulation of the balance of genres being broadcast. But amongst the sub-genres, editorial optimisation has resulted in an uptick in actual viewing

As the core viewing age of linear television rises, there is an opportunity for broadcasters to leverage this to create the most desirable schedule for their available audience by daypart; with genres that transcend demographics when younger viewers tune in

The award of the match packages in the 2017-21 domestic football rights auction in Germany is probably optimal for Sky (within the “no single buyer” constraint): it will broadcast about eight out of nine weekly fixtures including the top picks, while Eurosport’s package is complementary to Sky’s rather than substitutional

Sky will, however, pay a hefty price, with the new contract costing 80% more than the current one – although the new Bundesliga rights value is not out of line with other Continental leagues

We expect Sky’s German operations to briefly break even in fiscal 2017 before falling back into losses with a return to profit if other costs are kept under control. Management has made a bold statement of self-confidence: building scale is the priority

• The Commission proposes to require VOD services to implement a 20% share of EU works in catalogues, which Netflix already largely meets
• More impactful is the EU’s proposal for OTT SVOD services to provide access to the home service when subscribers travel in the EU, benefitting the UK’s 14 million subscribers
• TV broadcasters, which observe a 50% EU works threshold in their linear programming served on TV platforms and online players, will be able to opt-in to portability

2015 has been a very good year for Channel 4: excellent remit delivery, record revenues and record investment in content origination, supported by the stabilisation of audience share for its main channel, which we expect to continue in 2016.

The spectre of privatisation nevertheless looms. The government may have backed away from full privatisation, but part privatisation is still on the table. In our view, this has even less merit and promises even more conflicts of interest than full privatisation.

Channel 4 should be encouraged by the government’s White Paper on BBC Charter Renewal, which has strongly endorsed its commitment to public service broadcasting under the next 11-year Charter.

Short form video is growing. It is easy to create, share and, with the rise of mobile technology, incorporate within communication

But despite the novel flexibility that mobile technology offers, the actual video most desired is surprisingly traditional

Buzzy, short form content fills gaps that have always existed; yet, despite the hype, it will remain supplementary to long-form programming

At present, Sky exclusively holds all pay-TV domestic live rights to Germany’s top football league. The 2017-2021 rights auction will conclude in early June. It contains a new soft ‘no single buyer’ clause referring solely to online rights

Sky’s real threat comes from potential bids for the main TV packages by deep-pocketed telecom or digital platforms. This could see Sky losing games and shouldering significant cost increases

We think Sky’s German operations will break even by fiscal 2017. Beyond this, profitability is heavily dependent on the auction’s outcome. If it were to retain all live rights, Sky could afford to increase Bundesliga costs by up to 40% over the four-year period. Anything beyond this would lead to Sky making losses

On TV, UK public service broadcasters (PSBs) have operated within a privileged ecosystem; a guaranteed electronic programme guide (EPG) prominence placing their channels at the forefront, helping sustain their market share and spawning digital families

But technological changes within the TV set are eroding this prominence, and on devices, such structural advantages are non-existent

To confront dramatically falling mobile engagement, despite consistently excellent content, the PSBs need to collaborate and replicate their privileged linear position or they will struggle against the major SVOD players

Enders Analysis co-hosted its annual conference in conjunction with Deloitte, Moelis & Company, Linklaters and LionTree, in London on 8 March 2016. The event featured talks from 22 of the most influential figures in media and telecoms, and was chaired by Sir Peter Bazalgette.

This report provides edited transcripts of the talks, and you will find accompanying slides for some of the presentations here.

Videos of the presentations are available on the conference website.

Record growth in 2015 shows Netflix to be well on its way to achieving its goal of 60-90 million US streaming customers, while the latest wave of international expansion suggests Netflix will at least double its global base to over 150 million streaming customers by 2020

Much has been said about the growing SVOD competition from Amazon, Hulu, HBO, Disney and many others, but the simplicity and single-mindedness of the Netflix model is hard to beat, with evidence suggesting it has extended its lead in the toughest of markets, the US

Although growing spend on content origination is putting a strain on the Netflix business, it is critical to long-term success, contributing to the distinctiveness of the Netflix offer and its complementariness with other SVOD services