On 19 August 2022, Ofcom published its final decision in relation to an investigation as to whether Sky has breached and is continuing to breach Ofcom’s General Condition end-of contract notification (“ECN”) rules requiring Sky to send such notifications to pay-TV customers.

Ofcom’s ECN requirements were introduced back in Feb 2020. Ofcom’s decision clarifies that they require broadband, mobile, home phone and pay-TV companies to notify customers when their minimum contract period is coming to an end. Ofcom’s investigation centred around the requirement that ECNs must be sent to customers of all public “electronic communications services” (other than M2M transmission services). Sky argues that its pay-TV services do not fall within this definition, so no obligation applies. Ofcom disagrees and has clarified that a provider of pay-TV services transmitted by a satellite network such as Sky does provide a “public electronic communication service”, so the ECN requirement applies.

The results of Ofcom’s investigation today mean that Sky now must take all necessary steps to ensure they comply with ECN requirements for the pay-TV customers. Ofcom has asked Sky to do this within 9 months. Sky must also provide a progress report to Ofcom in the next 4 months on the steps it will take to ensure ECNs are put in place within the 9 months period.

It remains to be seen whether Sky will appeal today’s Ofcom decision. They have 2 months to do so. To find out more, click here