On 21 September 2006, Ofcom published a proposal to give a consent to Sky to notify any changes to its charges or charging methodology for the provision of conditional access (“CA”) services by publishing a notification no later than the last working day before the date on which the revised charges or methodology are to become effective, rather than the 90 days that is required by the condition. Ofcom provided interested parties with one month to respond to the proposal.
Ofcom received three responses to the consultation. Having carefully considered these responses, Ofcom is satisfied that granting consent to Sky’s request to publish new CA charges (or charging methodology) within 1 working day of these changes taking effect is justifiable, non-discriminatory, proportionate and transparent. This consent is only granted for notifications made on or before the 2 January 2007 and after this date 90 days notice will be required as set out in the CA conditions.