Thread: General ITV threaten to blackout on Virgin
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Old 19-11-2017, 11:04   #144
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Re: ITV threaten to blackout on Virgin
Quote:
Originally Posted by jj20x View Post
Although that potentially puts VM in the no-win situation of the man who constructed a building without planning permission in Richard's example. If VM do find another source and use it, then ITV win their case to charge retransmission fees, it leaves VM with no elbow room at all. In that scenario, they have to pay the fees. If VM decide not to pay the fee and subsequently remove a service they have sourced, then VM are failing to meet their "must carry" obligation.

If ITV cut the feed and VM don't find an alternative source, ITV are at fault for failing to meet the "must offer" requirement. VM could then argue that they are still happy to carry the service but that it is being withheld by ITV. In the meantime, ITV loses advertising revenue, making them more willing to negotiate a much fairer solution. Also, failing to offer the service potentially puts ITV in breach of their PSB licence.

---------- Post added at 02:07 ---------- Previous post was at 02:00 ----------

A little background reading:

http://www.osborneclarke.com/insight...-deregulation/
According to the link you posted, ITV's demand for payment from Virgin Media would be a 'prohibited charge', and that appears the correct way to look at this.
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