There is a reasonable chance that, by the middle of 2010, Ofcom will introduce regulations concerning the availability and pricing of wholesale premium movie and sports content, as outlined in its third pay-TV consultation released on 26th June 2009

The Ofcom wholesale remedy proposals are likely to provide rival retailers to Sky with modest benefits in new customer acquisition and customer retention in the first three years, whilst opening up the prospect of wider competition as the broadband infrastructure develops

The complexity of the wholesale pricing issues being addressed by Ofcom may yet stand in the way of achieving an effective “must offer” wholesale remedy

To coincide with the Digital Britain Report, the Office of Fair Trading (OFT) released its report on local media merger rules, confirming their application to newspaper consolidation although, perhaps significantly, it will ask Ofcom for “views... arising from its understanding of media markets”

Costs of compliance with the merger regime will remain a very significant barrier to consolidation of newspapers, especially for local newspaper titles serving small catchment areas, and we anticipate no appetite for engaging with the OFT

If local newspapers cannot consolidate further in the near future, the recession and ongoing structural shift to the internet will force title closures and job losses and also weaken local economies. The supply of local media to communities will be impaired to the detriment of democracy and plurality

Digital Britain Report’s “Universal Service Commitment” will make high speed broadband ubiquitously available, thus potentially boosting the adoption of illegal file-sharing by UK internet users. However, the government’s goal is to achieve a 70-80% reduction of illegal file-sharing activity

A last minute rescue proposition has postponed the threat of Setanta entering into administration by at least another week, subject to meeting its revised payment schedule of sums owing to the Premier League

The profound commercial difficulties experienced by Setanta highlight the weakness of EU efforts to ensure competition in the sale of live televised rights to top UK domestic football and underline the inflated rights costs that would face any other complementary premium pay-TV sports supplier

Setanta’s survival hinges on its ability to negotiate further cuts in its rights payments and persuade investors that it can become profitable by making the necessary revisions to its retail/wholesale business model

Under recession-induced financial stress, rival Spanish media groups Prisa and Mediapro have settled a three year battle over football rights, giving Digital+ secure access to domestic football for three seasons

A separate tentative deal to merge their TV assets still faces considerable hurdles if it is to be finalised by the end of June. Prisa needs to raise cash and may still dispose of Digital+ or bring new investors in the merged entity

Although Digital+ is unrivalled on the premium segment of the pay market, we doubt the economic gloom, plus strong competition from IPTV, cable and terrestrial TV, leaves much room for subscriber expansion

According to press reports, Sky has lodged a bid of about £160 million for the VMtv content arm of Virgin Media (VMed), estimated to be 50-60% higher than other offers in the latest and final round of the bidding contest

At TalkTalk Group (TTG) net broadband additions for the quarter were relatively strong, given likely market growth, probably due at least in part to reduced subscriber loss at AOL UK

In our view cut-price business broadband, rather than IPTV, offers the best prospect of profitable revenue growth in fixed line

Steep declines in CD sales in major recorded music markets continued in 2009 as we had forecast last year (Recorded Music and Music Publishing [2008-39])

Sales of recorded music continue to be decimated by physical and online piracy, plus the disintermediation of the album purchase by the digital purchase of ‘cherry-picked’ tracks

A further knock-on effect on CD sales is the reduction in retailers’ shelf space devoted to music, including as a result of the bankruptcies of major chains (Circuit City, Woolworths and Zavvi) – what we have called the ‘perfect storm’ for the CD

Against current annual losses in the order of £100 million, Setanta has the whole of June in which to attract the necessary investment that will allow it to continue. The alternative is closure

As complementary supplier of premium sports channels to Sky, Setanta has been more vulnerable to recessionary pressures, but it is not in the interest of any of its existing competitors/business associates for it to cease operations

There is a chance of survival, but it requires swapping the current retail/wholesale model for a wholesale only model as a start, with the possibility of further reductions in the costs of its sports rights

The OFT has delivered its verdict on ITV’s request for a review and modification of the CRR remedy that the Competition Commission imposed as a condition of the Carlton/Granada merger in 2003

In delivering its verdict, the OFT has chosen to sit on the fence. After recognising both the merits of the ITV case and the continuing concerns of the advertising community it reiterated earlier recommendations for minor changes in keeping with the times, but otherwise left it to the CC to decide what changes to make

The complexity of the CRR remedy and the polarised views of parties involved, as well as the burden of decision-making transferred to the CC, merely confirm the view that any significant modification to CRR will be a long time in coming, and almost certainly long after the start of the 2010 trading season, as previously suggested by ITV

Newspaper publishers are about to enter a series of ‘online payment’ trials to help bolster disappointing online advertising performance that alone will be unable to support full scale newsrooms

Publishers are on the back foot, however: they have been giving away their content for free for almost a decade, and their core content does not have the unequivocal unique attributes of a football match, a movie or a pop song

While there are a variety of options for management to explore, in aggregate they will never match the print model, and so news is destined to shrink as a commercial enterprise for newspaper publishers