ACCC failed on Foxtel-Austar: iiNet

ACCC failed on Foxtel-Austar: iiNet

Summary: The Australian Competition and Consumer Commission (ACCC) has failed in its duty to foster competition by allowing the $2.5 billion Foxtel-Austar merger to proceed in its current form, according to iiNet.

TOPICS: Telcos, Telstra

The Australian Competition and Consumer Commission (ACCC) has failed in its duty to foster competition by allowing the $2.5 billion Foxtel-Austar merger to proceed in its current form, according to iiNet.

The ACCC announced this morning that it would not oppose Foxtel — which is jointly owned by Telstra, News Limited and Consolidated Media Holdings — from merging with its pay TV rival Austar, despite concerns raised about the impact that this would have on Australia's IPTV market.

iiNet, which offers IPTV services through FetchTV, said last month that the merger wouldn't do anything to make it easier for companies offering IPTV product to negotiate with film studios and other content providers in order to get content that would make it able to compete with Foxtel.

iiNet's chief regulatory officer Steve Dalby told ZDNet Australia today that the ACCC could have used the merger proposal to consider not just the impact that the merger would have on competition in the subscription TV industry, but also on the wider telecommunications industry, given Telstra's 50 per cent stake in Foxtel.

"The ACCC has shrugged its shoulders and said, 'well, no, that's really beyond the scope of this merger proposal'," Dalby said. "Which is disappointing, because I think their primary role is to look at competition and foster competition and to do it in the interests of the end user. It seems to me they've failed that test on this particular matter."

Telstra will now get a strong foothold for the subscriber pay TV market in regional Australia, Dalby said.

"Now you've got Telstra with its 50 per cent ownership of this merged entity, it's going to be able to dominate the bundled TV and broadband sector with offers in the regions that nobody is going to be able to match, because no one's got the infrastructure in the country to be able to deliver the content you will get on Foxtel and Austar merged together."

Despite iiNet's position as the second-largest DSL provider in Australia, Dalby said that iiNet was not in a position to compete with the likes of Foxtel for overseas content rights.

"We couldn't hope to meet that leverage on our own at any stage. Even if we got as big as we possibly could, we still wouldn't have this buying power in this market."

Instead of trying to compete with Foxtel on its own, iiNet adds what content and services it can to the international FetchTV product. Fetch works with iiNet, Internode and Optus in Australia, as well as Astro All Asia Networks in Asia, to negotiate the content and channels it offers on the FetchTV device that the internet service providers (ISPs) then customise and sell on to their customers as part of a bundled service.

In order to get the ACCC's approval for the Austar buy, Foxtel submitted an undertaking that stated it would not exclude IPTV providers from acquiring rights to content, allowing access to some but not all sports and entertainment content currently locked up by Foxtel. Although this places FetchTV — and iiNet — in a position to get more content and channels like Nickelodeon, Sky News and National Geographic, Dalby said it could be a number of years before Fetch can start broadcasting these channels.

"[It] probably won't do much for the next three years, at least, while their exclusive contracts play out. It's not particularly immediately useful to us," he said. "That's positive to get access to those linear channels, but I'm not positive if that's immediate or if that's when their existing exclusive agreements expire which could be years away."

Dalby added that the ACCC singling out that Foxtel can't bundle exclusive mobile-distribution rights with IPTV was unusual, considering that the government was looking at this sort of issue as part of the convergence review.

"It doesn't seem to make a lot of sense when you've got the convergence review going on in parallel. It doesn't make any sense for the ACCC to be making specific determinations on technology. My first reaction to it is: why is it being split up like that?"

The convergence review committee handed its final report to government, but Communications Minister Stephen Conroy has yet to release the committee's findings to the public.

Also not a fan of the ACCC's decision is Greens communications spokesperson Scott Ludlam, who thinks that the ACCC should have delayed the decision in light of a report published by the Australian Financial Review last month, which alleged that a subsidiary of News Corp, which owns part of Foxtel, has promoted piracy against pay TV rivals.

"The competition impacts of the takeover were troubling enough, and were made infinitely more troubling by the piracy allegations," Ludlam said.

"This takeover will exacerbate the one-way trend towards monopoly in Australia's pay TV sector, and the ACCC should have put any decision on hold until these serious allegations against News Corp entities are resolved."

Topics: Telcos, Telstra


Armed with a degree in Computer Science and a Masters in Journalism, Josh keeps a close eye on the telecommunications industry, the National Broadband Network, and all the goings on in government IT.

Kick off your day with ZDNet's daily email newsletter. It's the freshest tech news and opinion, served hot. Get it.


Log in or register to join the discussion
  • So it's ok for iiNet to buy out the competition, but no one else can? Marker consolidation is commonplace; iiNet should know this by now: they are one of the largest acquirers in this space.
  • @ wakie - Common now, it's not really the same with ISP's. There are at least a dozen players competing in the national market. What choice is there for pay-tv?
    Super Ted
    • There's a growing list of IPTV players emerging; TPG and iiNet are two which come to mind. The buyout doesn't appear to restrict either of these players from airing much of the same channels as Foxtel (obviously there are a few exceptions, ie: sports, etc). Another ZDNet article today listed all of the channels that were open slather. So I'm not sure what the concern is?

      I don't have any commercial interests in any of this. Just a guy with an opinion :)
  • From customer point of view, once NBN available nationwide, next generation of TV will be IPTV offered by website on Smart TV... Who is going to buy Foxtel?
    • You've hit the nail on the head. +1.

      ASSUMING the NBN becomes a full reality and the coalition keeps their mitts off it, I foresee IPTV taking over. Especially if we start moving to an on-demand type of broadcasting. TV and Foxtel (yes, I know about repeat showings) are generally - sit down and watch show X at timeslot Y with a possible delay because Masterchef is running over time. It's going to get to a point where episodes become available in a list, and we simply choose to watch what we want when we want it. That is the future. FTA should continue to exist as it is free, but Foxtel are fighting an uphill battle. In my not so humble opinion, good, as I think it's the biggest rip off on this planet. I don't need you to agree with me on that one, but having lived in other countries - trust me it's the biggest wrought going.