BSkyB loses pay TV battle but wins the war

So, BSkyB has lost the battle over what price it charges rivals Virgin Media, BT and Top Up TV to transmit Sky Sports, after the regulator Ofcom imposed a swingeing cut of nearly 24% on wholesale prices paid for Sky Sports 1 and 2.

You wouldn’t think so, though, to judge by BSkyB’s share price which, in early trading this morning, soared 3%. Now why would that be?

Most of the answer is succinctly supplied by Gavin Patterson, head of BT Retail – quoted in The Guardian:

“Ofcom should have gone much further than it did. They have dropped movie channels, which should have been included. They should have included all Sky Sports channels, not just two [and] the wholesale price for the two sports channels is higher than the regulator had previously suggested.” Deconstructed, from BSkyB’s point of view: ‘Phew! It could have been a lot worse.’

One other thing. Ofcom has given the go-ahead to BSkyB’s Picnic project, as a quid pro quo to accepting its wholesale prices ruling. Picnic, which stalled some time ago after running into trouble with the regulator, would enable BSkyB to replace its three Freeview free-to-air channels, Sky News, Sky3 and Sky Sports News, with a potentially lucrative pay TV proposition.

No wonder the City is chortling. BSkyB, however, seems less happy. It has immediately lodged an appeal against the Ofcom ruling. Which, given the lengthy legal prevarification involved, will make its rivals even more irate.

For more on the background to the pay TV dispute, look here.

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