This statement and guidelines set out how Ofcom would normally interpret the requirement on Sky to ensure that its terms, conditions and charges for providing access to its technical platform services (“TPS”) are fair, reasonable and non-discriminatory.
Broadcasters and operators of interactive TV services who wish to gain access to viewers using Sky’s digital set top boxes can purchase TPS and Sky is required to provide these services on fair, reasonable and non-discriminatory terms.
In the event of a dispute or complaint about Sky’s TPS terms, conditions and charges, Ofcom would normally expect to follow the guidance in this statement when interpreting the meaning of what is fair, reasonable and non-discriminatory. However, Ofcom cannot legally fetter its discretion in advance and therefore retains the ability to depart from the guidance where the circumstances warrant it.
Ofcom first consulted on this subject in November 2005 (“the first consultation”). Having carefully considered the responses to the first consultation Ofcom developed a draft version of this explanatory statement and guidelines.
Ofcom consulted on the draft explanatory statement and guidelines on April 21 2006 (“the second consultation”). This consultation closed on 16 June 2006. Ofcom has also given careful consideration to the responses to the second consultation in finalising this statement and guidelines.
Following a statement on Access Control (AC) services published on 17th March 2015, Ofcom removed the Access Control Continuation Notice from Sky on 28th April 2015. AC services are provided by Sky and were covered by the Technical Platform Services Guidelines. Following the removal of the AC Continuation Notice, we still consider the FRND principles contained in the TPS Guidelines remain appropriate in relation to Conditional Access (CA), Geographic Masking, Electronic Programme Guide listing (EPG) and Regionalisation services. If we were to receive a complaint in relation to these services provided by Sky, we consider the TPS Guidelines remain a relevant starting point for assessment.