Quote:
Originally Posted by Tod
If Virgin have to open up their cable then Sky should open up their EPG! 
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Sky's EPG is open, this is enforced as part of their operating licence.
---------- Post added at 10:21 ---------- Previous post was at 10:05 ----------
Quote:
Originally Posted by TheDon
Bolded bit especially is why VM is not and never will be a monopoly, and why the broadcast side of Sky could never be a monopoly.
Anyone can build a cable network, just plough money into it and build your network. If VM's network (like BT's) reached every home in the UK and was therefore cost prohibitive to build (due to the cost of reaching rural areas where there's limited scope to recoup costs) then it'd be a monopoly, but as it stands it only passes areas that would be deemed as financially viable to replicate.
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Given that Virgin Media's predecessors both went through bankruptcy protection and debt for equity swaps this is debatable and within VM's passed areas there is no way that replicating their network could be done financially viably as the market is saturated. To be viable a new entrant would need to capture nearly half of the customer base in the area. The penetration of altnet services in Europe is sub-20% and price pressures are heavy right now.
This same argument could be applied to BT in areas where they overlap Virgin Media, and to an extent is, however this only applies to the charges BT are allowed to levy in the areas all open access obligations remain.
Regardless being a monopoly isn't the issue, the question is one of Significant Market Power.
Do Sky have SMP within Pay TV - yes, which is why they are regulated.
Do BT have SMP - yes, which is why they are regulated.
Do Virgin Media have SMP - within their passed areas clearly yes, however Ofcom side-step this by taking their market share nationwide.
Kingston Communications have regional SMP while VM don't. There are a number of contradictions however cable has been favoured since its conception.