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Virgin Media EPG listing policy

Version 1.0, 25 March 2008

1. INTRODUCTION

1.1 Virgin Media is an innovative UK entertainment and communications business. Consumers can get all the entertainment they need from one source – a large choice of pay and premium channels, the most advanced TV Video on Demand (“VOD”) service available, and V+, our high specification HD-compatible personal video recorder. Virgin Media believes the unique nature of the platform and the different ways Virgin Media customers can access content requires Virgin Media to be innovative in the way it presents programming on the platform and within the Electronic Programme Guide (“EPG”).

1.2 Virgin Media’s customers accessing the EPG are able to select programmes based on a traditional linear schedule under the “TV Guide” menu or from our selection of VOD programming within the Video on Demand Programming Guide (“VPG”). Virgin Media also has separate identified areas within the EPG for interactive services and radio services.

1.3 This EPG Listing Policy (the “Policy”) sets out Virgin Media’s methodology for listing channels in the EPG and conforms to Ofcom’s Code of Practice on Electronic Programming Guides (“Ofcom Code”). In line with Virgin Media’s regulatory obligations, access to the EPG is provided on a fair, reasonable and non-discriminatory basis.

1.4 Virgin Media will apply this Policy in line with its regulatory obligations and in such a way as it considers of most benefit to its viewers and the long-term development of the platform. Access to the EPG will take into account operational parameters of the Virgin Media platform together with the technical features of the cable network and set-top box along with future developments and enhancements of the EPG product and software.

1.5 This Policy is effective from 25 March 2008 and supersedes all previous and existing policies including the Telewest EPG Statement and the ntl EPG Statement.

2. LAUNCH OF NEW CHANNELS

2 Virgin Media’s platform distributes a diverse range of services such as television, radio, and VOD content and can support interactive and high-definition technologies. Any service (except Must Carry channels, as defined in the Communications Act 2003) wishing to launch onto the Virgin Media EPG must enhance our customers’ viewing experience with reference to the existing content which Virgin Media carries. Allocation of slots within the EPG will be determined by Virgin Media on completion of a carriage agreement and in accordance with this Policy.

3. PUBLIC SERVICE BROADCASTERS

3 In accordance with Ofcom’s Code and section 310(2) of the Communications Act 2003, Virgin Media is required to give the relevant public service broadcasters “appropriate prominence” in allocating an EPG listing. In deciding how to give “appropriate prominence” to public service broadcasters, Virgin Media will ensure that its approach is objectively justifiable and has regard to the interests of citizens and the expectations of consumers. It is understood that the degree of prominence required under the Ofcom Code is not prescriptive and this has informed Virgin Media’s view that public service content varies greatly in terms of the target audience, the particular nature of the content and the date of the relevant channel’s launch into the EPG.

4. DETERMINATION OF GENRE

4.1 In determining which genre (or sub-genre, if applicable) a channel will be allocated, Virgin Media will consider a range of factors, including but not limited to the following (which are listed in no particular order):

  1. the channel genre indicated on the Ofcom licence;
  2. the nature of the programming schedule, giving due weight to the proportion and balance of the programming content over time;
  3. allocation of genre on other television and broadband platforms under the same brand;
  4. any marketing material and publicity surrounding the nature of programming;
  5. whether a channel is free-to-air, pay-per-view or a subscription service (basic or premium); and
  6. any other information provided by the channel provider to support an application to a particular genre.

4.2 In order to assist its customers with navigation of the EPG, Virgin Media has divided the “TV Guide” menu into a number of genres, whereby viewers can select the nature of the programming they would like to view without having to scroll through the “All Channels” menu. Virgin Media reserves the right to periodically review the presentation of genres, such that Virgin Media may add or remove genres, change the order of genres or change the categorisation of content included in a particular genre. At present, the “TV Guide” menu is divided into the following genres:

  • General Entertainment (located within slots 1 - 200 in the “All Channels” section of the EPG)
  • Kids
  • Music
  • Movies
  • News
  • Sports
  • Shop and Play (N.B the nature and scope of this genre is currently under review)
  • Lifestyle
  • Radio
  • Factual
  • International
  • Adult

4.3 Once a channel is listed, the nature of the content or the schedule may change such that a particular channel is more appropriately listed in another genre. If a channel is likely to be moved to a different genre, Virgin Media will contact the channel to explain the rationale for and details of any proposed move. The channel will have 30 days to respond to Virgin Media’s proposals. Virgin Media will consider any submissions made by a channel to remain in a particular genre, but the final decision shall be made by Virgin Media in its sole discretion. If a channel moves genre, Virgin Media shall allocate a new EPG slot in the appropriate genre in line with this Policy.

5. ALLOCATION OF EPG SLOTS

5.1 Subject to the considerations listed in 5.2 below, the methodology applied to the allocation of a slot number will be on the basis of the next logical sequential slot available at the end of the appropriate genre.

5.2 In allocating an EPG slot within the “All Channels” menu and radio menu, Virgin Media will give effect to the following policy considerations (in no particular order):

  1. consistent with Virgin Media as the largest on-demand platform in the UK, Virgin Media will seek to locate those channels which provide VOD content ahead of those channels which provide linear only content;
  2. where possible, “multiplex” channels (a channel which is a time-shift of a principal channel) and “sister” channels (a channel which is manifestly linked to another channel by branding, scheduling or cross promotion), will be placed adjacent to an existing principal or sister channel;
  3. priority will generally be given to those channels which form part of Virgin Media’s basic pay TV service over any premium subscription TV channel;
  4. if applicable, the slot allocation of a particular channel on alternative platforms;
  5. any applicable commercial terms which apply to the carriage of a channel;
  6. the audience reach and ratings of a channel; and
  7. the likelihood of any future anticipated channel launches.

5.3 Virgin Media may reserve slots to accommodate further channel launches in accordance with the allocation methodology of this Policy; however, Virgin Media is not able to guarantee that a reserved slot will be allocated to a particular channel.

5.4 Virgin Media is not able to guarantee a particular channel’s slot, the page number the channel appears on in the EPG, or the genre or relative positioning of the channel.

5.5 All slots are subject to change from time to time in accordance with this Policy. Virgin Media will review any changes to EPG slots in light of its regulatory obligations, the enhancement of the Virgin Media brand and the long-term development of the platform.

6. CHANGES TO POLICY

6. Virgin Media will carry out periodic reviews of the Policy and where necessary will take steps to consult broadcasters at least 2 months prior to any changes to the Policy becoming effective.