(•

COIViMERCE
COIVMSSIOW
(MEW ZEALAND

Te Komihana Touhokohoko

29 September 2016
John Drinnan
NZ Herald
Via email: idrinnan(5)xtra.co.nz

Dear Mr Drinnan

Official Information Act #16.39 Monitoring of Sky Network Television Limited
We refer to your request of 6 September 2016 asking how we have monitored Sky
Network Television Limited (Sky) since we issued Sky a warning under the Commerce
Act 1986 in October 2013.
We have treated this as a request for information under the Official Information Act
1982 (OIA).
Our response
3.

When we warned Sky in October 2013 that it was likely to have previously breached
section 27 of the Commerce Act, we also advised Sky that we would continue to
monitor its contracts and conduct with telecommunications retail service providers
(RSPs).1

4,

We wrote to Sky in December 2013 (letter attached) advising that we intended,
every quarter, to consider whether to request documents from Sky that record how
Sky has dealt with any RSP requests for exemptions from the key commitments in
the period since our last request.
In April 2014 and November 2014 (letters attached) we asked Sky for any documents
and were advised on both occasions that Sky had not received any RSP requests for
exemptions from the key commitments in Sky's contracts.

6.

In March 2015 (letter attached) we advised Sky that while we no longer intended to
regularly request documents, we would continue to monitor the pay TV market in
general.

AUCKLAND

See http://www.comcom.govt.nz/the-commission/media-centre/media-releases/detail/2013/commerce
commission-issues-warning-to-skv

L13, Forsyth Barr
55 Shortland Street
P.O. Box 105-222
AUCKLAND^^jlW ZEALAND

WELLINGTON

L9, 44 The Terrace
P.O. Box 2351
WELLINGTON 6140, NEW ZEALAND
Tel: (04) 924 3600 Fax: (04) 924 3700
Main Office

 2

If you are not satisfied with the Commission's response to your OIA request, section
28(3) of the OIA provides you with the right to ask an Ombudsman to investigate and
review this response.

8.

If you have any questions in regards to this request, please do not hesitate to contact

us at oia(5)comcom.Rovt.nz

Yours sincerely

r
Bel O'Reilly
OIA Co-ordinator

2625644.1