Germany’s fixed line market is in state of flux as Liberty Global and Vodafone, the third and fourth largest players respectively, are reportedly engaged in a bidding war for Kabel Deutschland (currently number two).

The Vodafone bid would offer the most direct cost synergies, but this would be at greater execution risk. The Liberty bid would finally reunify most of the German cable sector, but would consequently need stronger undertakings to get anti-trust clearance.

Either merger would create a strong number two triple play operator, increasing competitive pressure on Deutsche Telekom and Sky Deutschland.

Sky Deutschland is reaping the benefits of its re-launch using BSkyB’s model, with an improving content offering and quality of user experience, plus a favourable environment for household consumption in Germany.

2012 results came in very close to our forecasts and we predict that Sky Deutschland will break even at EBITDA level in 2013 and turn cash flow positive in 2015.

The competitive context is benign and the horizon is clear until the next Bundesliga auction in 2016. But, in the meantime, cable, IPTV, FTA and OTT players are committed to widening their pay offers, which may put pressure on Sky’s subscriber growth and content costs.

Keen to reposition itself as a media conglomerate, Vivendi is considering merging SFR with private equity-owned Numericable and its B2B sister Completel, while reducing its stake in the new entity to below 50%.

Sizeable savings would come from migrating SFR’s fixed line subscribers in urban areas from Orange’s copper network to Numericable’s coax and FTTB, and from eliminating Completel’s LLU network and Numericable’s marketing spend.

In the short term, execution would be challenging and require sizeable capex. In the longer run, coax is a much cheaper alternative to investing in FTTH. The merger would put pressure on the other two altnets, Iliad and Bouygues, to consider consolidation scenarios.

This report contains our annual assessment and forecasts for recorded music, in the context, as always, of the implacable physical-to-digital transition in music consumption and purchase, which continues to drain the topline of the recorded music industry.

Although 2011 was another year of decline in global recorded music retail sales, these fell just 4% in 2011 compared to 10% in the previous year, on a strong year for the album in the top markets, notably Adele’s 21 album.

Globally, the CD remains the recorded music industry’s leading sales format – accounting for the majority of retail sales in 2011. Despite brisk retail sales of download to own (DTO) tracks and albums, and encouraging sales of subscriptions in 2011, sales of mobile formats (ringtones, ringbacks, tracks) have been in decline since the peak in 2008. This gives urgency to the industry’s successful transition to digital music purchase in their top markets.

Much of the consumption of recorded music is free-to-the user, whether licensed, already purchased or pirated. Live streaming is the top music behaviour, shifting from the computer to the handset via adoption of smartphones and the free apps offered on the iTunes and Google Play storefronts, amongst others. Pandora is the emblematic supplier of ‘smart radio’, and dominates this segment in the US. Smartphone adoption is also driving subscriptions to the premium mobile tier of Spotify, Rhapsody and similar services.

The centre of digital music purchase remains the download-to-own (DTO) track or album, which we estimate accounted for $4.8 billion of retail sales in 2011, roughly 10 times the level of subscription revenues. Apple has built an unassailable lead on the DTO segment, leveraging the ecosystem created for its devices.

It is well known that piracy drains the creative industries of retail sales, although the precise interaction between piracy and foregone sales is difficult to pin down. Anti-piracy regimes are being established to combat digital piracy of cultural goods, including music, but effective implementation is slow.

Our forecasts for recorded music sales do not factor in any uplift to retail sales from successful anti-piracy action. We expect retail sales of digital formats to surpass the CD by 2015, more or less stabilising the market’s topline revenues. However, sales of around $16.5 billion by that time would be just a fraction of their 2005 level of $30 billion.

News Corp will split publishing out of its business by creating a company to include newspapers in the US, UK and Australia as well as book publisher HarperCollins News Corp revenue growth has for some time been driven by explosive growth in cable network programming revenues, with slower revenue growth in film, TV, satellite TV and publishing The structural decline of print-based businesses is the main reason cited for the split. However, the Dow Jones and WSJ, both serving a B2B market, will be at the heart of the new publishing company’s value

Sky Deutschland has renewed its broadcast rights contract with the Bundesliga until 2017, removing the most important source of uncertainty for investors and consumers, albeit at the cost of a 77% jump in the fee from 2013/14

Combined with Sky’s new exclusive channels, high definition offer and on-demand services, the contract will sustain subscriber growth, but ARPU will only rise slowly

Although we forecast Sky to meet its EBITDA breakeven target in 2013, cash flow should stay negative until 2015 due to rising spend on receivers

US music publishers have reached agreement on rolling over the mechanical royalties due on sales of digital and physical music formats for 2013-17

The expanded scope of the statute to cover ‘scan and match’ cloud locker services, such as Apple’s iTunes Match, provides incremental revenues to music publishers; the unlicensed ‘storage’ cloud locker services are not concerned

ASCAP’s agreement on US radio performance royalties will however reduce music publisher revenues

The European Court of Justice (ECJ) judgment in the Portsmouth pub landlady case looks to have opened the door to legitimising the private or domestic use of decoders to watch premium sports and other pay-TV content outside the territories for which they were licensed

The outcome could prove to be a significant commercial opportunity for Sky to expand its overseas distribution among residential customers, but an extra test for the Football Association Premier League (PL) as it designs the next round of contracts with a view to at least maintaining current revenues

The ECJ judgment is more ambiguous over the question of public screenings for commercial purposes against the wishes of the right holders and the conclusion appears some way off

Advancing its free-to-air TV project, France’s Canal+ is to buy Bolloré TV’s national channels for €465 million to gain (scarce) licences for FTA terrestrial broadcast

Canal+ plans to leverage its library of original programming to attract upscale audiences, neglected by commercial rivals

However, the Vivendi investment case of a 9% return on capital is built on incompatible assumptions about profit margins and market share – to grow the latter in a mature market, a channel needs to sacrifice the former

This report provides our annual assessment and forecasts for recorded music sales and music publishing revenues, which engage all four of the ‘majors’ – Universal Music Group (UMG), EMI, Sony and Warner Music Group (WMG). In the context of the ongoing physical-to-digital transition of music consumption, retailing and buying, documented in the report, we estimate a 10% decline in recorded music sales to $18.4 billion in 2010, the sixth consecutive year of decline. We also project further overall declines in our forecast period to 2015. The recorded music sales decline has fed into music publisher revenues via mechanicals, and will continue to do so. In addition, the recession of 2008-09 continues to feed through to music publisher revenues via the lagged distribution of royalties. Thus, for 2010, we estimate that the global total fell by 3.1% in 2010 to $5.6 billion, and project an overall return to modest growth in 2012. Together, our analysis of recorded music and music publishing provides an industry-level context to evaluate the likely development of the majors themselves, bearing in mind that shifts in market share and currency movements will continue to differentiate their relative performances.