Ofcom’s proposal to regulate access to premium television content: some thoughts

In September 2008, Ofcom submitted a consultation document dealing with the regulation of access to premium television content in the UK. Ofcom’s proposal reflects some tensions in the electronic communications sector which are in part the consequence of the choice made in 2002 to exclude television content from the scope of the Regulatory Framework adopted at the Community level. The British regulator proposes a solution based on the imposition of a compulsory licensing obligation on BSkyB—the leading supplier of pay television services in the UK. In essence, this approach amounts to extending to premium television content the mandated access regime that currently applies to the telecommunications infrastructure under the Regulatory Framework. The present piece provides a critical account of the regulatory proposal and details some reasons why this move may not be justified. In addition, its likely impact on the electronic communications sector at large is examined.