[HD Boy]

In April, the regulator ruled that Sky must offer Sky Sports 1 and Sky Sports 2 to its competitors at a fixed price: one channel for £10.63 a month, a decrease of 23.4%, and both channels for £17.14, down 10.5%.

The basis of Sky's appeal is that Ofcom does not have the jurisdiction or power to adopt the decision under section 316 of the Communications Act 2003, and that Ofcom has failed to prove Sky has an incentive to withhold supply of the channels to its competitors.

Sky also said that Ofcom had erred in assessing the impact and proportionality of the fixed price, or wholesale must-offer obligation, and acted unlawfully in imposing the conditions.

Virgin Media has appealed because Ofcom did not include Sky Sports 3 and Sky Sports 4 in the ruling or impose on a control on the wholesale price Sky can charge for Sky Sports 1 and/or 2, when bundled with Sky Sports 3 and/or 4.

http://www.mediaweek.co.uk/news/1009...leases-no-one/