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Originally Posted by OLD BOY
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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Right but remember that's what the DCMS "considered" to be the case at the time of the consultation. They have backtracked somewhat since then. Unfortunately, it's not explicit in the legislation and ITV appears to be ignoring the initial conclusion of the DCMS.
This is why I have suggested that ITV should be left to make any move and for it to take the risk as the PSB licence holder. Then allow Ofcom and the DCMS to clean up the mess and to order ITV to fulfil the terms of the "must-offer" requirement of the Communications Act and their PSB licence.
As much as ITV threatens to blackout the channel, the Communications Act hasn't been repealed and still requires that they offer the channel to pay-tv providers. As I said earlier, ITV appear to be testing the water.
It would be sensible for VM and, eventually, Sky Online to be clear about the carriage of PSB channels in their channel guides and publicity material. Showing them as PSB channels carried "at no cost" to all TV end customers and not listing them as a part of any subscription pack. If the PSBs then claim a share of the pay-tv revenue attributable to PSB channels, they are asking for a share of £0.