Feeds

Foxtel gets foxed by ACCC

Green light for Austar merger, red light for IPTV

  • alert
  • submit to reddit

Choosing a cloud hosting partner with confidence

Foxtel’s ambitious IPTV plans have been significantly thwarted following the Australian Competition and Consumer Commission’s conditions which will allow Foxtel’s AUS$1.9 billion takeover of pay- TV operative Austar to go ahead.

While Foxtel has passed its last hurdle in the acquisition with the green light from the regulator, it comes with significant conditions.

Under the ACCC‘s enforceable undertakings Foxtel will be prevented from acquiring exclusive IPTV rights for a range of attractive television program and movie content.

These prohibitions include: linear channels supplied by independent content suppliers, including more than 60 linear channels that are currently broadcast by Foxtel and many more that are broadcast internationally; subscription Video on Demand (SVOD) rights to current or past seasons of television programs that form part of a linear channel supplied by an independent content supplier; movie linear channels from more than 50% of the eight major movie studios or more than 50% of the eight specified independent movie studios and SVOD rights to movies, except for an 18 month window in relation to the movie studios from which FOXTEL is not prohibited from acquiring exclusive linear rights.

The pay-TV giant will also be forbidden to acquire any movie delivered on a Transactional Video on Demand (TVOD) basis.

The ACCC has also decreed that Foxtel will also be prevented from acquiring exclusive mobile rights to the aforementioned content in the case that those rights are sought by competitors to combine with IPTV rights.

ACCC chairman Rod Sims said “by reducing content exclusivity, the undertakings will lower barriers to entry and promote new and effective competition in metropolitan and regional telecommunications and subscription television markets.”

The regulator was primarily concerned by the merged entity’s market power which would in turn give Telstra, Foxtel's largest shareholder, greater market power in regional fixed broadband and telephony markets.

The undertaking also aims to further lower barriers by requiring Foxtel to provide necessary signal access to linear channels distributed by independent content suppliers to third parties.

The undertaking will also extend Foxtel’s 2006 Special Access Undertaking, allowing content suppliers to gain access to Austar subscribers as well as Foxtel subscribers.

“The ACCC will also continue to consider whether there is a need to advocate for regulatory intervention in these markets,” Sims said.

A Public Competition Assessment will be issued by the ACCC in due course.

Telstra Digital Media Group Managing Director Rick Ellis said the deal still allowsTelstra to expand its Foxtel on T-Box offering into some Austar areas over time. “Telstra will provide further detail on its plans to expand the availability of FOXTEL on T-Box at a later date.”

Beginner's guide to SSL certificates

More from The Register

next story
Download alert: Nearly ALL top 100 Android, iOS paid apps hacked
Attack of the Clones? Yeah, but much, much scarier – report
Broadband sellers in the UK are UP TO no good, says Which?
Speedy network claims only apply to 10% of customers
Virgin Media struck dumb by NATIONWIDE packet loss balls-up
Turning it off and on again fixes glitch 12 HOURS LATER
Fujitsu CTO: We'll be 3D-printing tech execs in 15 years
Fleshy techie disses network neutrality, helmet-less motorcyclists
Facebook, working on Facebook at Work, works on Facebook. At Work
You don't want your cat or drunk pics at the office
Soz, web devs: Google snatches its Wallet off the table
Killing off web service in 3 months... but app-happy bonkers are fine
Ofcom tackles complaint over Premier League footie TV rights
Virgin Media: UK fans pay the most for the fewest matches
prev story

Whitepapers

Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.
Managing SSL certificates with ease
The lack of operational efficiencies and compliance pitfalls associated with poor SSL certificate management, and how the right SSL certificate management tool can help.
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.