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PERSPECTIVE
Exclusive Content Cross-Carriage Obligation in Singapore:
An innovative intervention that promises to create value
for all stakeholders
                                    Singapore’s pay TV industry is experiencing a transformation. The advent of fierce
           Ruggero Jenna            competition and rights bidding, followed by a controversial regulatory development,
           Managing Director, SEA   namely the Media Development Authority of Singapore’s (MDA) proposed introduction
                                    of an “exclusive content cross-carriage measure”, has captured the attention of pay
           Dominic Arena            TV industry groups and other interested parties worldwide. Well-voiced concerns on
           Partner, Head of TMT     both sides of the spectrum regarding the formulation, feasibility and impact of such
           Consulting SEA           a regulatory measure have been fiercely debated by stakeholders, with the face-off at
                                    one stage threatening to snowball into an international incident.
           Cheryl Lim
           Engagement Manager        However, contrary to some quite negative arguments put forward publicly to date,
                                     Value Partners’ independent analysis over a 10-year timeframe shows that the MDA
measure is not an ill-conceived or hasty retort to a temporary market anomaly which threatens to destroy economic value,
but an innovative and well-grounded measure. Its efficacy lies in a simple, yet overlooked, mechanism, enabling exclusive
content owners to retain - and enhance - monetisation of their asset. It is this mechanism which sets this measure apart
from any other of similar name adopted around the world and, subject to certain implementation prerequisites as discussed
herein, promises to create and preserve economic value for all Singaporean pay TV industry stakeholders.

Introduction of the Measure
In March 2010, the Media Development Authority of Singapore (MDA) announced a Public Interest Obligation
requiring pay TV licensees to cross carry each other’s content on a cross-transit basis.

     The cross-carriage measure enables a Supplying Qualified Licensee (i.e. purchaser of exclusive content) to
     provide access to its content on a paid retailer-customer basis to consumers on any pay TV platform via a
     network transit arrangement. In this way, it differs from other ‘cross-carriage’ measures which may have
     been implemented in other markets.

From a consumer perspective, Singaporeans will therefore have the convenience and freedom of gaining
access to all content available in the Singapore pay TV market, via a single set top box, for which they will still
be billed by the owner of that content.

From a pay TV operator’s perspective, the exclusive content owner will continue to be compensated
directly at the retail level for consumption of their content, with content being monetised by customers of
another operator incurring a network transit charge. The content is therefore effectively decoupled from the
platform.

MDA’s proposed regulation follows a series of events, most notably SingTel’s aggressive bidding for exclusive
broadcast rights for the Barclays Premier League (EPL) and Starhub-SingTel’s joint bid for FIFA World Cup 2010
broadcast rights – events that resulted in content costs skyrocketing and elicited concerns that the cost might
eventually be passed on to consumers. Although, on the surface, some have argued that MDA is overreacting
to these events, Value Partners’ analysis reveals MDA’s actions are specifically – and effectively – designed
to address the fundamental issues of consumer benefit, viability of the pay TV market and overall industry
development. In summary, the rationale for the introduction of the measure lies in three factual arguments:

•	   The Singaporean pay TV market is already in a somewhat ailing state, with low-to-negative industry
     profitability;
•	   Consumers are suffering inconvenience and higher costs from having to purchase dual subscriptions
     to enable them to view popular but exclusive content concentrated between pay TV providers and
     platforms;
•	   The breadth of content and level of innovation in the Singaporean pay TV market was at risk of stagnation
     due to the oligopoly now in place and high entry barriers for new entrants to reach end consumers.

                                                                                                                       1
PERSPECTIVE
Overview of Singapore’s Pay TV market and the key issues
Singapore’s pay TV market has, for most of its history, been a monopoly market with a single dominant cable
(CATV) operator - Starhub Cable Vision. With the entry of SingTel’s mioTV in July 2007, competition increased
in the pay TV sector and pay TV penetration has grown steadily to reach approximately 52% of households,
or 659,000. The importance of pay TV in the Singaporean media sector has therefore been rising steadily,
and despite the traditional dominance of free-to-air (FTA), its viewing share fell from 76% in 2001 to 61% in
2007.

As a result of new competition in the pay TV sector in 2007, Singapore saw an initial broadening of content
and consumption options. Specifically, SingTel’s offering has introduced 56 channels over and above the 160
linear channels offered by Starhub, and their ‘a-la-carte’ offering, with a strong focus on on-demand movies,
differentiated it from Starhub’s more traditional ‘tiered bundle’ business model.

SingTel also inked a number of strategic rights/content agreements in a classic market entry play, as seen in
some other markets such as Hong Kong, which has proven highly successful in gaining critical mass market
share. These include a deal with Sony Pictures and the high-profile 2009 acquisition of the Barclays Premier
League (EPL) – formerly with Starhub – for which it reportedly paid a record S$350m for the exclusive
broadcast rights for 3 years.

However, now there are some quantifiable consequences for consumers arising from strategies adopted to
underpin market share for the dominant operator and enable the challenger to attain critical mass.

Exclusive content driving the need for dual subscriptions

Whilst on the surface, the entry of a new player on the scene and growth in pay TV subscriptions appears
positive for Singapore, a growing phenomenon being masked by the headline growth is that of dual
subscription households. Dual subscriptions have become ‘a necessary evil’ in Singapore wherever
customers wishing to view specific combinations of content – such as popular linear channels like CNN or
HBO (available exclusively on Starhub), along with EPL (available exclusively on SingTel) – are required to
double subscribe to gain access to the programmes.


Percentage of pay TV subscribers with dual subscriptions

                                                                       18.0%

                                                    13.5%
                                                                                        18% of
                                                                                        subscribers are
                                   10.0%
                                                                                        incurring the
                                                                                        unnecessary cost
                                                                                        of having a
                    3.0%                                                                second set-up
                                                                                        box


                  EY2008           EY2009          1Q2010       EY2010 (forecast)

                                                             Assumptions for forecast:
                                                             •Pay TV penetration reaches 54% or 689K subs
                                                             •Starhub and Singtel subscriber base reaches
                                                             503K and 310K respectively…
                                                             •…implying an overlap of 124K dual subs or 18%
                                                             of total subscriber base
 Source: Value Partners analysis



Pay TV content in Singapore is considered to be highly concentrated, with only 5% of all pay TV channels
in Singapore available on both Starhub and SingTel pay TV platforms. This is due to both the prevalence of
exclusive carriage agreements (ECAs) between pay TV operators and content providers and the lack of content
wholesale agreements between the two operators. The implication of this is that pay TV subscriptions have
grown faster than actual market penetration, and consumers seeking to view popular content from both


                                                                                                              2
PERSPECTIVE
operators are required to subscribe to both Starhub and SingTel, acquire and maintain a set-top box from
each provider and incur any accompanying costs.

Value Partners estimates that dual subscriptions already exceed 15% of the market and by the end of 2010,
will surpass 18%, taking into account EPL transfer from StarHub to SingTel but without any regulatory
intervention. This means pay TV subscriptions will reach 813,000 (or 62% of households) versus actual market
penetration of 689,000 households (54%) – and this gap would continue to widen in the future, with dual
subscriptions reaching 25% by 2020. Whilst this indicates a sizeable latent demand for accessing content
from both operators, it also implies that a significant number of consumers are incurring the unnecessary
cost and inconvenience of maintaining a second set-top box in the home.

There remains room for real growth in the Singaporean pay TV market

Despite the increase in competition in the Singaporean pay TV market, based on a basket of Asia Pacific
benchmarks, it is evident that Singapore is below its natural penetration level for pay TV based on affordability.
In terms of real household penetration, Value Partners believes that there is further growth to be enjoyed
in the Singapore pay TV market over the next 10 years, even balancing countervailing factors such as the
strength of free-to-air (FTA) offerings and other cultural specificities in this market.

The high level of content concentration in Singapore, however, will form a natural barrier to real future
growth if not addressed; it will prevent the Singaporean pay TV industry from reaching its full potential and
consumers from enjoying the benefits.


2009, pay TV penetration rate versus normalized ARPU

                               Pay TV penetration rate (%)

                                      100%         South Korea

                                                                     India
                                                     Hong Kong
                                       80%          Taiwan


                                                             Japan
                                       60%                    Malaysia
                                                Singapore    New Zealand
                                                    China
                                       40%



                                       20%
                                                                                    Philippines

                                                                             Thailand
                                                                                                               Indonesia
                                        0%
                                             0%       1%         2%          3%         4%        5%   6%     7%      8%

                                                                                                       ARPU as % of GDP per capita
Source: Informa, EIU, Value Partners analysis


Rising cost of content threatens to stunt growth

Whilst the walled garden approach was not so significant historically, when the market was a monopoly, in
recent years, it has contributed to operators more narrowly focusing competition on exclusive content as the
primary source of differentiation, and driving operators to pay more for exclusive rights and channels.

Specifically, Value Partners has found that compared to the benchmarked content cost of 35% of revenues,
Singapore’s pay TV operators spend a higher proportion of revenue on content than their peers at 60%, as
shown below.




                                                                                                                                     3
PERSPECTIVE
Content costs as share of pay TV revenues

                      2009
                               60%

                                                       Content costs as share of pay TV revenues in
                                                       Singapore are significantly higher than international
                                                       benchmark average of 35%

                                                                                                                               41%

                                                          32%                        34%                       34%




                            Singapore                     UK                     New Zealand                   US             Australia

 Source: Value Partners project experience, Value Partners analysis




The effect of paying significantly more for content is lower operating margins for pay TV operators. Based on
our analysis, Singapore’s pay TV operators currently operate below the assessed average benchmark of 21%
EBITDA margin or have negative EBITDA margins, as shown in the exhibit below.


EBITDA benchmarks of pay TV operators

                         Average EBTIDA
                         benchmark 21%                                                                                                    35%
                                                                                                 24%                   24%

                                            13%                       15%
                  12%



             DishNetwork                DirecTV US                    BSkyB                     Foxtel               Sky NZ               Austar




Estimated Singapore pay TV operator business EBITDA (2009-2010)

                                                   10%
                      0%
                                                                                      Both pay TV operators fall below the
                     2009                          2010                                                   2009
                                                                                      average benchmark EBITDA of 21%                2010




                                                                                                                -60%                 -90%




 Source: Value Partners analysis




The high cost of content and poor/negative profitability may be attributed to initial competition, which brings
with it the natural desire of the incumbent to defend its market share (i.e. Starhub) and the challenger to
significantly increase its market share (ie. SingTel) and could be transient. However, our analysis over a 10-
year timeframe indicates that although profitability will improve, EBITDA margins are likely to remain low at a
modest 7% without regulatory intervention such as the proposed measure.




                                                                                                                                                   4
PERSPECTIVE
This brings into question the sustainability of the pay TV sector in Singapore over the longer term, which risks
diluting consumer benefits through a reduction in:

•	    The ability to provide good quality pay TV at reasonable consumer prices; and
•	    Further innovation in the form of new content, channels and business models.


 Singapore Pay TV industry EBITDA forecast (without Measure)

                           40%



                           30%



                           20%

                                     EBITDA ranges based on
                                     international benchmarks
                           10%                                            7%     7%     7%     7%     7%     7%
                                            (12%-35%)
                                                                   3%
                                                              0%
                            0%                          -3%
                                              -6%
                                       -10%
                          -10%



                          -20%
                              2009     2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020
 Source: Value Partners analysis



Decoupling the Media/Pay TV value chain for the benefit of the industry
The essence of the MDA measure is that content is effectively decoupled from the pay TV viewing platform
choice of consumers. At the time the MDA introduced the proposed cross-carriage measure in March 2010, it
cited a number of social, industrial and economic benefit reasons for its intervention, including:

•	    Reduction in content concentration - based on the fact that only 7 of over 180 channels today are
      available on both Starhub and SingTel Pay TV platforms;
•	    Improvement of consumer convenience and programme access - by removing the need for dual set-
      top boxes to access popular content, and enabling consumers to gain access to pay TV on the platform
      available at their premises;
•	    Refocusing competition away from exclusive content - to other areas such as customer service, packaging
      and value added services; and
•	    Reducing barriers to entry for new pay TV players.

MDA also reiterated its commitment to not intervene in the prerogative of pay TV operators or content
providers to continue to enter into exclusive arrangements, to protect the rights of intellectual property
owners and to avoid unreasonable losses to any stakeholder group, whilst achieving the aforementioned
objectives.




                                                                                                                    5
PERSPECTIVE
                                      Content                                           Advertisers
                                   Provider (Rights
                                       Owner)



                                                                             Pay to advertise
                               Bid & pay f or                            based on viewership
                                 ECA + other                                               
                                     content



                                                                Distribute content

                                       Pay TV
                                                                  through RQL           Pay TV
                                                                  as a “pipe”
                                    Operator (SQL)                                   Operator (RQL)


                             Broadcast ECA +      Pay f or               Pay f or
                                                                                                Distribute SQL
                                other bundled    content at ‘retail      content at ‘retail
                                                                                                content 
                                   content      (bundle) price’         (bundle) price’



                                       Pay TV                                           Pay TV
                                      Customers                                        Customers
                                    (SQL Customer)                                   (RQL Customer)



With the effect of the measure being a decoupling of the media/pay TV value chain, with content being untied
from the platform, the end user relationship is being opened up. Customers will be able to purchase and view
almost any content on any platform and will become direct customers of exclusive content providers (SQL),
whilst retaining their platform relationship with their current provider (RQL). This is shown in the exhibit
below.


                                                                                 Singapore pay TV operators               Own end-
                       Rights                                                                                                user
                                          Content                Content                                                 consumption
             Today   ownership &
                                         production            aggregation
                                                                                     Technology       Distribution
                     management



                                                         SQL
                                                                                                                         SQL end-
                       Rights                                                                                               user
                                            Content              Content
     Post-measure    ownership &
                                           production          aggregation
                                                                                                                        relationship
                     management
                                                                                                    RQL                  Own end-
                                                                                                                            user
                                            Content                Content                                              consumption
                                                                                       Technology        Distribution
                                           production            aggregation




This decoupling of retail relationship and carriage infrastructure has been applied in several infrastructure-
intensive industries. For example, in power and utilities, the power producers and retailers are often
independent of the electricity grid operator. The grid operator charges a fee for transmitting electricity from
source to end user. Although the infrastructure operators and retailers in Singapore’s pay TV industry are
not yet independent from each other, the measure serves to simulate such an environment. The concept of
decoupling and a generic reference model is illustrated below.




                                                                                                                                       6
PERSPECTIVE
             Producer 1             Content, goods, services          Retailer 1


                                                                      Retailer 2                    Consumer              Examples of
             Producer 2                                                                                                   industries in which
                                                                      Retailer 3                                          the decoupling model
                                                                                                                          has been applied:
                                                                                                                          •Power and utilities
                                                                                                                          •Telecommunications
          Producers                   “Pipe”                        Retailers                    Consumers                (MVNOs)
                                                                                                                          •Transportation
         • Can sell to any          • Key role is to              • Can buy from many          • Can buy from any         (railway)
           retailers                  distribute products to        producers                    retailer and even
         • Can set up own retail      consumers                   • Typically small part of      directly from
           network                  • Typical compensation          overall value chain          producers
         • Use pipe to distribute     for the service “utility-   • Compete on                 • Perceived to be
           products to                line” (cost-plus, etc)        - customer service           cheaper for the
           consumers                • Often used in national        - portfolio of offers        “bundle” of products
         • Compete on                 monopoly (i.e.                - attractive pricing by      consumer buys
           - price                    electricity                     negotiating favourable   • Has limited visibility
           - Quality                  transmission, railway,          wholesale price from       on overall value chain
           - Innovation /             NGNBN)                          producers (through
             efficiencies           • Compete on                      market power,
                                      efficiency/reliability          exclusive distribution
                                      (often regulated)               networks etc.)




Enabling continued monetisation of exclusive content preserves value

Despite the decoupling, the subtlety of MDA’s proposed measure – which enables pay TV operators (SQLs) to
fully extract economic value from their exclusive content at the retail level (as opposed to a wholesale cross-
carriage model) – makes it unlike any other measures benchmarked globally.

Coupled with the forecast growth in viewership as a direct result of the measure, content owners will
potentially be in a position to grow revenues from exclusive rights beyond what was available to them prior
to the measure. This is only evident when analysing the impact of the measure over a period such as 10 years,
as has been done by Value Partners.

This is a salient point, which to date has not been highlighted by various parties commenting on the impact of
the measure on stakeholders and the market, possibly because it may be different to what some stakeholders
may initially assume by using measures in other markets as a frame of reference, and also the true impacts
and opportunities created may not be immediately obvious when focusing on ‘day one’.

Decoupling the Media/Pay TV value chain for the benefit of the industry
With the introduction of the measure, Singapore’s pay TV market is likely to positively evolve in a number of
ways, namely:

•	   Increased viewership/content consumption through increased access to content independent of
     platform;
•	   Reduced customer barriers to switching pay TV platform operators and access to desired content,
     regardless of specific platform unavailability;
•	   Reduced entry barriers for new entrants such as IPTV players on NGNBN, since previously difficult to
     obtain exclusive content will now be available via cross-carriage arrangements;
•	   Possible emergence of new “virtual” pay TV operators, similar to MVNOs, who only need to make limited
     infrastructure investments but focus on content add-ons to other value added services;
•	   Accelerated direct-to-consumer efforts from major content providers, like ESPN and BBC, who have
     previously reached consumers via pay TV operators and focused their direct-to-consumer efforts on the
     internet/online; and
•	   Increased number of pay TV channels and content available in Singapore.

The net effect would not only be increased competition but also increased choice and value for the consumer.
These, in turn, will drive Singapore’s pay TV penetration to reach its potential more quickly, reaching higher
ARPU levels and overall higher industry growth and sustainability.



                                                                                                                                                 7
PERSPECTIVE
Long-term quantitative benefits of the measure are clear

Specifically, over the coming 10 years – being the period of our analysis – Value Partners estimates that pay TV
household penetration will reach 67%-70% by 2020 with the measure, compared to 64% without the measure.
We further believe ARPU levels will reach S$71-S$76 by 2020 with the measure compared to S$65 without the
measure, representing a 25-29% increase in overall annual market revenues by 2020.
                                                                                                                                                                                                               Pa
Pay TV household penetration forecast                                                            Pay TV Market ARPU forecast

                                                                                                 SGD
                                                              Counterfactual (without Measure)

    Percent
                                                                                                                                                          Counterfactual (without Measure)
                                                              Factual (with Measrue)                                                                      Factual (with Measrue)


                         Pay TV penetration                                                       120
   120%
                           ranges based on                                                                    ARPU ranges based on international
                      international benchmarks                                                                   benchmarks (SGD33-104)
                              (58%-97%)
   100%
                                                                                                  100


    80%
                                                              69% 70%
                                                66% 67% 68%                                        80
                                  63% 64% 65%                                                                                                                         71           72
                           60%                                                                                                                              69
                     56%                                                                                                                       67    68
    60%        52%                                                                                                                        65
                                                                                                                                    63
                                                         62% 63% 64%                                                     61    61
                             57% 58%     59% 60% 61%                                                                58
               52%   54% 56%                                                                       60        54
                                                                                                                                    62    62   63    63     64        64           65
                                                                                                                         61    61
    40%                                                                                                             58
                                                                                                             54

                                                                                                   40
    20%



      0%                                                                                           20
         2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020                                    2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Source: Value Partners analysis



Pay TV operators are not only likely to gain in revenues; the overall profitability of the industry is likely to
improve to a level that will allow its future sustainability. We estimate that EBITDA margins can improve to
18% by 2020 – in line with international benchmarks, albeit at the lower end of the range.


Singapore pay TV operators EBITDA forecast

                                                                                                                                Counterfactual (without Measure)
           40%
                                                                                                                                Factual (with Measrue)



           30%



           20%

                                                                                                                                               12%            13%
                                                                                                                         10%        11%
                            EBITDA ranges based on                                                8%          9%
           10%        international benchmarks (12%-35%)
                                                                                  5%
                                                              1%                                  7%          7%         7%          7%         7%             7%
            0%                                                                    3%
                                                 -3%
                                        -6%                   0%
                            -10%                  -3%
           -10%                         -6%
                            -10%


           -20%
               2009         2010       2011       2012      2013                2014              2015       2016        2017       2018       2019          2020

Source: Value Partners analysis




                                                                                                                                                                                             8
PERSPECTIVE
Specifically, Starhub and SingTel (and any other new entrant) would be able to continue to compete equally,
since:

•	     The majority of households are able to freely choose between operators, given that almost all homes
       (99%) are fixed line and most (94%) cable ready;
•	     The measure does not reduce content’s value as a competitive lever, so operators can still use this as a
       component for bundling; and
•	     Operators’ hubbing strategies are still intact, since both are still free to offer their pay TV service with their
       other offerings.

Content owners will benefit from the measure through monetisation of the combination of an increase
in market size and addressable viewers made possible by the measure. Specifically, content providers are
expected to enjoy a neutral-to-marginally-positive impact from the measure through the net effect of:

•	     Gain in additional revenues from increased subscriptions from pay TV operator customers monetised
       through viewership-based contracts;
•	     Gain in additional revenues from increased advertising and sponsorship; and
•	     Loss of some strategic rights premium due to non-exclusivity of content but potential for underpinning of
       economic value through the ability to calculate incremental revenues from wider viewership forecasts.

Although content costs as a percentage of pay TV revenues is likely to decrease to levels in line with
international benchmarks as a result of the measure, absolute content cost will still grow at 4% CAGR, driven
by overall industry growth. This further indicates that content providers will still enjoy healthy revenue
growth, although this will vary across different categories of content providers, with premium sports content
providers retaining the biggest share.
This also means that Singapore is likely to remain an attractive market for content providers.


 Pay TV content cost forecast

                                                                                             Counterfactual (without Measure)
                                                                                             Factual (with Measrue)

                      Percentage                                                              Content cost (SGD Mn)
                                                                                                         400      410
                 100%                                                                          389                      420
                                                                                      378
                                                                               368
                                                               347      355
                                                        339                                                             370
                                                 329
                                          310
                                                                                                                        320
                   80%             281                                Content cost
                         266
                                                                      increases at                                      270
                                                                       4% CAGR
                      60%          60%    59%                                                                           220
                   60%                           57%    56%    55%
                                   60%                                  53%    53%    53%      53%      53%       53%170
                                          58%
                                                 56%
                                                        54%
                                                               52%                                                      120
                                                                        50%    49%    48%      47%
                   40%                                                                                  46%       45%
                                    Content cost as % of pay TV revenues                                                70
                                     based on international benchmarks
                                                                                                                        20
                                                 (32%-47%)
                   20%                                                                                                -30
                      2009         2010   2011   2012   2013   2014     2015   2016   2017     2018     2019      2020

 Source: Value Partners analysis



For consumers, the overall impact of the measure will be positive as consumers have access to more content
and pay less in dual subscriptions. Although consumers collectively spend more, we expect individual
consumers to enjoy savings of around 2-8% over the 10-year period.

We expect advertisers to experience a minimal impact, since pricing for advertisements is based on viewership
and advertisers are not expected to pay more to reach the same number of viewers.



                                                                                                                                9
PERSPECTIVE
Finally, in concert with determining the potential for market growth and new entrants, Value Partners also
made an assessment of the potential growth in the number of channels in the Singaporean pay TV market
over the next 10 years, as a direct result of the measure. Based on this, we believe that the number of channels
in the Singaporean pay TV market could grow from 187 in 2010 to 269 in 2020, representing absolute growth
of 82 channels, or 44%.

Decoupling the Media/Pay TV value chain for the benefit of the industry
While the measure appears to be conceptually sound and well conceived, its ultimate success in achieving
the benefits outlined above in practice over the coming 10 years will depend on actual implementation.
Fundamentally, MDA needs to ensure that the measure remains true to its intentions, is fair to all players and
does not impede stakeholders’ ability to deliver their content/services to all subscribers.

In particular, there are implementation challenges we have assessed as being the most linked to the
realisation of benefits. Those that must be carefully considered can be grouped into Commercial, Operational
and Technical, and Scope Limitation considerations, as follows:

•	   Commercial considerations, including the extent to which SQLs are obliged to bundle/unbundle their
     content (both basic and exclusive); cross-carriage fee model, both the form (e.g., Interim proxy-based
     Average Channel Cost, TSLRIC-based cost-plus, Retail-Minus, revenue share), the actual quantum and
     whether it should be symmetric/asymmetric across operators with different platform technologies;
     billing and customer support, specifically with regard to increasing the number of billing relationships
     for consumers and the complexity of customer support interactions.

•	   Operational and technical considerations, including handling of on-demand and live content; cases where
     customer content contracts are shorter than their platform subscription contract; copyright protection of
     supplied content once transmitted over the receiving network; sharing of customer information across
     pay TV operators for resolution of billing and customer care issues.

•	   Scope limitation considerations, including limiting the scope of the measure to specific content genres
     enabling market power to be exerted; embedding a review date in the measure, where issues such as
     content concentration and programme access will once again be assessed; enabling content owners to
     continue to restrict ECA content, but only for a limited period following which they would have to make
     it available.

Implementation principles underpinning success of the measure

In Value Partners’ view, the above considerations could be effectively addressed by upholding the following
principles during implementation of the measure:

1.   Ensuring that transit fees between operators are broadly symmetric and represent incremental cost
     recovery, so that operators are not over or undercompensated and relatively lower cost platforms are
     not exploited unfairly, particularly by new entrants. Value Partners believes that MDA would benefit from
     being prescriptive and transparent in setting the transit fee, instead of allowing it to be determined by
     market forces.

2.   Preserving competitive dynamics, especially with regards to operators’ ability to extract value from their
     content and bundled offers. We believe that operators should be allowed to continue to offer content in
     its bundled form and offer content a-la-carte only if they choose to do so.

3.   Mandating that the relationship between operator and subscriber remains intact regardless of platform.
     We believe that, to ensure equity and minimal interference to market dynamics, contractual obligations
     for set-top boxes and content should be separate, meaning that the onus is on the customer to ensure
     they have the appropriate infrastructure to access the content they have purchased.




                                                                                                             10
PERSPECTIVE
Gaining a competitive advantage in times of change
In conducting our analysis on the impacts of the proposed MDA measure, several insightful revelations came
to light regarding how different pay TV industry stakeholders could potentially position themselves to gain a
competitive advantage from the change, as the measure is likely to alter the market landscape in a number
of ways. This is summarised below:

•	   Due to differences in business models, market share, content/rights and platform (ie. CATV, xDSL IPTV,
     NGNBN), the MDA measure will have differing impacts on pay TV operators in Singapore, creating
     asymmetric opportunities for stakeholders.

•	   Implementation of the measure will require pay TV operators (ie. variously in the SQL and RQL roles) and
     content providers to reassess their strategy both at the retail level and in sourcing & distributing content.
     Specifically, changes will evidently be required in retail content pricing & bundle structure, advertising
     on exclusive channels (to be seen when viewing on competitor’s platform as RQL), as well as exclusive
     content sourcing/bundling and contractual mechanisms (eg. viewership based compensation).

•	   For content providers and market entrants– particularly direct-to-consumer content aggregators and/or
     virtual operators – new opportunities are being created, with strategic elements of the business model
     needing to be evaluated, such as retail content/bundle pricing and structure, distribution platform
     exploitation and associated value-added services, increasing in importance.

•	   For existing operators who are also exclusive content owners opportunities are also evident, such as the
     potential for them to look beyond their existing platforms for distribution, under a hybrid distribution/
     exploitation model.


Conclusion
Overall, Value Partners believes that over the next 10 years, as assessed in our quantitative analysis, MDA’s proposed
cross-carriage measure will have a net positive impact on the Singapore pay TV industry and participating
stakeholders, and will not be value destructive nor cause unreasonable loss to any key stakeholder group of pay TV
operators, content owners, consumers or advertisers.

Coupled with the fact that Singaporean pay TV household penetration is below benchmarked levels, the design
of the measure will bring about increased viewership, a broader basis for competition, reduction in content
concentration and improvements in program access for consumers. At the same time, it will enable stakeholders
to monetise their assets fairly. Therefore, the Singapore pay TV industry has the potential for continued sustainable
growth and innovation.

As the pay TV industry experiences stronger growth and broader-based competition, pay TV operators will in turn
enjoy healthier financial results that ensure the long-term viability of the industry. Consumers will avoid unnecessary
costs and enjoy wider content availability, and at the same time, content providers will preserve and likely grow
their revenue streams as a result of the increased viewership, potential for direct-to-consumer business models, and
growth of the industry overall.

Finally, it is our view that the measure is also a regulatory innovation that, once implemented and proven in
Singapore, could potentially set a new model for media regulators around the world who are grappling with how to
deliver similar consumer and industry benefits whilst at the same time, preserving economic value and upholding
free market principles.




                                                                                                                    11
PERSPECTIVE
About Value Partners

As one of the largest TMT           Founded in 1993, Value Partners     For more information on the issues
practices worldwide, Value          is a global management              raised in this note please contact
Partners works across all sectors   consulting firm that works with     ruggero.jenna@valuepartners.com,
of the telecommunications           multinational corporations and      dominic.arena@valuepartners.com,
and the digital marketplace,        high-potential entrepreneurial      cheryl.lim@valuepartners.com
with a particular expertise         businesses to identify and pursue   or one of our offices below.
in public and commercial            value enhancement initiatives
broadcasting, satellite and pay     across innovation, international    Find all the contacts details on
TV, publishing, digital media,      expansion, and operational          www.valuepartners.com
sport, fixed and mobile voice and   effectiveness. It comprises two
broadband, licence bids, network    sister companies: Value Partners    Milan
infrastructure and equipment.       Management Consulting and           Rome
Over the last 15 years, we have     Value Team IT Consulting &          London
delivered real benefits for our     Solutions.                          Munich
clients, building on our deep                                           Helsinki
industry insights into the key      With 14 offices across Europe,      Istanbul
issues for these sectors. Our       Asia, South America and MENA,       Dubai
TMT practice draws on over 200      Value Partners’ expertise           São Paulo
professionals worldwide. We         spans corporate strategy, due       Rio de Janeiro
assist 13 of the top 20 telecoms    diligence and financial business    Buenos Aires
operators in Europe, Asia,          planning, cost transformation       Mumbai
Middle East and Latin America,      and organisational development,     Beijing
and we work with the leading        commercial planning,                Hong Kong
blue chip media companies           technology decisions, and           Singapore
internationally, including 30 of    change management. Its 3,300
the leading Pay-TV and Free To      professionals, from 25 nations,
Air broadcasters in more than       combine a methodological
20 markets. Additionally, we        approach and analytical
serve 100% of the largest Private   framework with a hands-on
Equity firms with an interest in    attitude and practical industry
telecom and media. This means       experience developed in an
we can help our clients to adapt    executive capacity within their
their business models in an         sectors of focus: media, telecoms
increasingly complex business       and IT, luxury goods, financial
environment, to maximise impact     services, energy, manufacturing
and returns from digital media.     and hi-tech.




                                                                                                           12

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Exclusive content cross-carriage obligation in Singapore: an innovative intervention that promises to create value for all stakeholders

  • 1. PERSPECTIVE Exclusive Content Cross-Carriage Obligation in Singapore: An innovative intervention that promises to create value for all stakeholders Singapore’s pay TV industry is experiencing a transformation. The advent of fierce Ruggero Jenna competition and rights bidding, followed by a controversial regulatory development, Managing Director, SEA namely the Media Development Authority of Singapore’s (MDA) proposed introduction of an “exclusive content cross-carriage measure”, has captured the attention of pay Dominic Arena TV industry groups and other interested parties worldwide. Well-voiced concerns on Partner, Head of TMT both sides of the spectrum regarding the formulation, feasibility and impact of such Consulting SEA a regulatory measure have been fiercely debated by stakeholders, with the face-off at one stage threatening to snowball into an international incident. Cheryl Lim Engagement Manager However, contrary to some quite negative arguments put forward publicly to date, Value Partners’ independent analysis over a 10-year timeframe shows that the MDA measure is not an ill-conceived or hasty retort to a temporary market anomaly which threatens to destroy economic value, but an innovative and well-grounded measure. Its efficacy lies in a simple, yet overlooked, mechanism, enabling exclusive content owners to retain - and enhance - monetisation of their asset. It is this mechanism which sets this measure apart from any other of similar name adopted around the world and, subject to certain implementation prerequisites as discussed herein, promises to create and preserve economic value for all Singaporean pay TV industry stakeholders. Introduction of the Measure In March 2010, the Media Development Authority of Singapore (MDA) announced a Public Interest Obligation requiring pay TV licensees to cross carry each other’s content on a cross-transit basis. The cross-carriage measure enables a Supplying Qualified Licensee (i.e. purchaser of exclusive content) to provide access to its content on a paid retailer-customer basis to consumers on any pay TV platform via a network transit arrangement. In this way, it differs from other ‘cross-carriage’ measures which may have been implemented in other markets. From a consumer perspective, Singaporeans will therefore have the convenience and freedom of gaining access to all content available in the Singapore pay TV market, via a single set top box, for which they will still be billed by the owner of that content. From a pay TV operator’s perspective, the exclusive content owner will continue to be compensated directly at the retail level for consumption of their content, with content being monetised by customers of another operator incurring a network transit charge. The content is therefore effectively decoupled from the platform. MDA’s proposed regulation follows a series of events, most notably SingTel’s aggressive bidding for exclusive broadcast rights for the Barclays Premier League (EPL) and Starhub-SingTel’s joint bid for FIFA World Cup 2010 broadcast rights – events that resulted in content costs skyrocketing and elicited concerns that the cost might eventually be passed on to consumers. Although, on the surface, some have argued that MDA is overreacting to these events, Value Partners’ analysis reveals MDA’s actions are specifically – and effectively – designed to address the fundamental issues of consumer benefit, viability of the pay TV market and overall industry development. In summary, the rationale for the introduction of the measure lies in three factual arguments: • The Singaporean pay TV market is already in a somewhat ailing state, with low-to-negative industry profitability; • Consumers are suffering inconvenience and higher costs from having to purchase dual subscriptions to enable them to view popular but exclusive content concentrated between pay TV providers and platforms; • The breadth of content and level of innovation in the Singaporean pay TV market was at risk of stagnation due to the oligopoly now in place and high entry barriers for new entrants to reach end consumers. 1
  • 2. PERSPECTIVE Overview of Singapore’s Pay TV market and the key issues Singapore’s pay TV market has, for most of its history, been a monopoly market with a single dominant cable (CATV) operator - Starhub Cable Vision. With the entry of SingTel’s mioTV in July 2007, competition increased in the pay TV sector and pay TV penetration has grown steadily to reach approximately 52% of households, or 659,000. The importance of pay TV in the Singaporean media sector has therefore been rising steadily, and despite the traditional dominance of free-to-air (FTA), its viewing share fell from 76% in 2001 to 61% in 2007. As a result of new competition in the pay TV sector in 2007, Singapore saw an initial broadening of content and consumption options. Specifically, SingTel’s offering has introduced 56 channels over and above the 160 linear channels offered by Starhub, and their ‘a-la-carte’ offering, with a strong focus on on-demand movies, differentiated it from Starhub’s more traditional ‘tiered bundle’ business model. SingTel also inked a number of strategic rights/content agreements in a classic market entry play, as seen in some other markets such as Hong Kong, which has proven highly successful in gaining critical mass market share. These include a deal with Sony Pictures and the high-profile 2009 acquisition of the Barclays Premier League (EPL) – formerly with Starhub – for which it reportedly paid a record S$350m for the exclusive broadcast rights for 3 years. However, now there are some quantifiable consequences for consumers arising from strategies adopted to underpin market share for the dominant operator and enable the challenger to attain critical mass. Exclusive content driving the need for dual subscriptions Whilst on the surface, the entry of a new player on the scene and growth in pay TV subscriptions appears positive for Singapore, a growing phenomenon being masked by the headline growth is that of dual subscription households. Dual subscriptions have become ‘a necessary evil’ in Singapore wherever customers wishing to view specific combinations of content – such as popular linear channels like CNN or HBO (available exclusively on Starhub), along with EPL (available exclusively on SingTel) – are required to double subscribe to gain access to the programmes. Percentage of pay TV subscribers with dual subscriptions 18.0% 13.5% 18% of subscribers are 10.0% incurring the unnecessary cost of having a 3.0% second set-up box EY2008 EY2009 1Q2010 EY2010 (forecast) Assumptions for forecast: •Pay TV penetration reaches 54% or 689K subs •Starhub and Singtel subscriber base reaches 503K and 310K respectively… •…implying an overlap of 124K dual subs or 18% of total subscriber base Source: Value Partners analysis Pay TV content in Singapore is considered to be highly concentrated, with only 5% of all pay TV channels in Singapore available on both Starhub and SingTel pay TV platforms. This is due to both the prevalence of exclusive carriage agreements (ECAs) between pay TV operators and content providers and the lack of content wholesale agreements between the two operators. The implication of this is that pay TV subscriptions have grown faster than actual market penetration, and consumers seeking to view popular content from both 2
  • 3. PERSPECTIVE operators are required to subscribe to both Starhub and SingTel, acquire and maintain a set-top box from each provider and incur any accompanying costs. Value Partners estimates that dual subscriptions already exceed 15% of the market and by the end of 2010, will surpass 18%, taking into account EPL transfer from StarHub to SingTel but without any regulatory intervention. This means pay TV subscriptions will reach 813,000 (or 62% of households) versus actual market penetration of 689,000 households (54%) – and this gap would continue to widen in the future, with dual subscriptions reaching 25% by 2020. Whilst this indicates a sizeable latent demand for accessing content from both operators, it also implies that a significant number of consumers are incurring the unnecessary cost and inconvenience of maintaining a second set-top box in the home. There remains room for real growth in the Singaporean pay TV market Despite the increase in competition in the Singaporean pay TV market, based on a basket of Asia Pacific benchmarks, it is evident that Singapore is below its natural penetration level for pay TV based on affordability. In terms of real household penetration, Value Partners believes that there is further growth to be enjoyed in the Singapore pay TV market over the next 10 years, even balancing countervailing factors such as the strength of free-to-air (FTA) offerings and other cultural specificities in this market. The high level of content concentration in Singapore, however, will form a natural barrier to real future growth if not addressed; it will prevent the Singaporean pay TV industry from reaching its full potential and consumers from enjoying the benefits. 2009, pay TV penetration rate versus normalized ARPU Pay TV penetration rate (%) 100% South Korea India Hong Kong 80% Taiwan Japan 60% Malaysia Singapore New Zealand China 40% 20% Philippines Thailand Indonesia 0% 0% 1% 2% 3% 4% 5% 6% 7% 8% ARPU as % of GDP per capita Source: Informa, EIU, Value Partners analysis Rising cost of content threatens to stunt growth Whilst the walled garden approach was not so significant historically, when the market was a monopoly, in recent years, it has contributed to operators more narrowly focusing competition on exclusive content as the primary source of differentiation, and driving operators to pay more for exclusive rights and channels. Specifically, Value Partners has found that compared to the benchmarked content cost of 35% of revenues, Singapore’s pay TV operators spend a higher proportion of revenue on content than their peers at 60%, as shown below. 3
  • 4. PERSPECTIVE Content costs as share of pay TV revenues 2009 60% Content costs as share of pay TV revenues in Singapore are significantly higher than international benchmark average of 35% 41% 32% 34% 34% Singapore UK New Zealand US Australia Source: Value Partners project experience, Value Partners analysis The effect of paying significantly more for content is lower operating margins for pay TV operators. Based on our analysis, Singapore’s pay TV operators currently operate below the assessed average benchmark of 21% EBITDA margin or have negative EBITDA margins, as shown in the exhibit below. EBITDA benchmarks of pay TV operators Average EBTIDA benchmark 21% 35% 24% 24% 13% 15% 12% DishNetwork DirecTV US BSkyB Foxtel Sky NZ Austar Estimated Singapore pay TV operator business EBITDA (2009-2010) 10% 0% Both pay TV operators fall below the 2009 2010 2009 average benchmark EBITDA of 21% 2010 -60% -90% Source: Value Partners analysis The high cost of content and poor/negative profitability may be attributed to initial competition, which brings with it the natural desire of the incumbent to defend its market share (i.e. Starhub) and the challenger to significantly increase its market share (ie. SingTel) and could be transient. However, our analysis over a 10- year timeframe indicates that although profitability will improve, EBITDA margins are likely to remain low at a modest 7% without regulatory intervention such as the proposed measure. 4
  • 5. PERSPECTIVE This brings into question the sustainability of the pay TV sector in Singapore over the longer term, which risks diluting consumer benefits through a reduction in: • The ability to provide good quality pay TV at reasonable consumer prices; and • Further innovation in the form of new content, channels and business models. Singapore Pay TV industry EBITDA forecast (without Measure) 40% 30% 20% EBITDA ranges based on international benchmarks 10% 7% 7% 7% 7% 7% 7% (12%-35%) 3% 0% 0% -3% -6% -10% -10% -20% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Source: Value Partners analysis Decoupling the Media/Pay TV value chain for the benefit of the industry The essence of the MDA measure is that content is effectively decoupled from the pay TV viewing platform choice of consumers. At the time the MDA introduced the proposed cross-carriage measure in March 2010, it cited a number of social, industrial and economic benefit reasons for its intervention, including: • Reduction in content concentration - based on the fact that only 7 of over 180 channels today are available on both Starhub and SingTel Pay TV platforms; • Improvement of consumer convenience and programme access - by removing the need for dual set- top boxes to access popular content, and enabling consumers to gain access to pay TV on the platform available at their premises; • Refocusing competition away from exclusive content - to other areas such as customer service, packaging and value added services; and • Reducing barriers to entry for new pay TV players. MDA also reiterated its commitment to not intervene in the prerogative of pay TV operators or content providers to continue to enter into exclusive arrangements, to protect the rights of intellectual property owners and to avoid unreasonable losses to any stakeholder group, whilst achieving the aforementioned objectives. 5
  • 6. PERSPECTIVE Content Advertisers Provider (Rights Owner) Pay to advertise  Bid & pay f or based on viewership ECA + other  content Distribute content Pay TV through RQL Pay TV as a “pipe” Operator (SQL) Operator (RQL) Broadcast ECA +  Pay f or  Pay f or Distribute SQL other bundled content at ‘retail content at ‘retail content  content  (bundle) price’ (bundle) price’ Pay TV Pay TV Customers Customers (SQL Customer) (RQL Customer) With the effect of the measure being a decoupling of the media/pay TV value chain, with content being untied from the platform, the end user relationship is being opened up. Customers will be able to purchase and view almost any content on any platform and will become direct customers of exclusive content providers (SQL), whilst retaining their platform relationship with their current provider (RQL). This is shown in the exhibit below. Singapore pay TV operators Own end- Rights user Content Content consumption Today ownership & production aggregation Technology Distribution management SQL SQL end- Rights user Content Content Post-measure ownership & production aggregation relationship management RQL Own end- user Content Content consumption Technology Distribution production aggregation This decoupling of retail relationship and carriage infrastructure has been applied in several infrastructure- intensive industries. For example, in power and utilities, the power producers and retailers are often independent of the electricity grid operator. The grid operator charges a fee for transmitting electricity from source to end user. Although the infrastructure operators and retailers in Singapore’s pay TV industry are not yet independent from each other, the measure serves to simulate such an environment. The concept of decoupling and a generic reference model is illustrated below. 6
  • 7. PERSPECTIVE Producer 1 Content, goods, services Retailer 1 Retailer 2 Consumer Examples of Producer 2 industries in which Retailer 3 the decoupling model has been applied: •Power and utilities •Telecommunications Producers “Pipe” Retailers Consumers (MVNOs) •Transportation • Can sell to any • Key role is to • Can buy from many • Can buy from any (railway) retailers distribute products to producers retailer and even • Can set up own retail consumers • Typically small part of directly from network • Typical compensation overall value chain producers • Use pipe to distribute for the service “utility- • Compete on • Perceived to be products to line” (cost-plus, etc) - customer service cheaper for the consumers • Often used in national - portfolio of offers “bundle” of products • Compete on monopoly (i.e. - attractive pricing by consumer buys - price electricity negotiating favourable • Has limited visibility - Quality transmission, railway, wholesale price from on overall value chain - Innovation / NGNBN) producers (through efficiencies • Compete on market power, efficiency/reliability exclusive distribution (often regulated) networks etc.) Enabling continued monetisation of exclusive content preserves value Despite the decoupling, the subtlety of MDA’s proposed measure – which enables pay TV operators (SQLs) to fully extract economic value from their exclusive content at the retail level (as opposed to a wholesale cross- carriage model) – makes it unlike any other measures benchmarked globally. Coupled with the forecast growth in viewership as a direct result of the measure, content owners will potentially be in a position to grow revenues from exclusive rights beyond what was available to them prior to the measure. This is only evident when analysing the impact of the measure over a period such as 10 years, as has been done by Value Partners. This is a salient point, which to date has not been highlighted by various parties commenting on the impact of the measure on stakeholders and the market, possibly because it may be different to what some stakeholders may initially assume by using measures in other markets as a frame of reference, and also the true impacts and opportunities created may not be immediately obvious when focusing on ‘day one’. Decoupling the Media/Pay TV value chain for the benefit of the industry With the introduction of the measure, Singapore’s pay TV market is likely to positively evolve in a number of ways, namely: • Increased viewership/content consumption through increased access to content independent of platform; • Reduced customer barriers to switching pay TV platform operators and access to desired content, regardless of specific platform unavailability; • Reduced entry barriers for new entrants such as IPTV players on NGNBN, since previously difficult to obtain exclusive content will now be available via cross-carriage arrangements; • Possible emergence of new “virtual” pay TV operators, similar to MVNOs, who only need to make limited infrastructure investments but focus on content add-ons to other value added services; • Accelerated direct-to-consumer efforts from major content providers, like ESPN and BBC, who have previously reached consumers via pay TV operators and focused their direct-to-consumer efforts on the internet/online; and • Increased number of pay TV channels and content available in Singapore. The net effect would not only be increased competition but also increased choice and value for the consumer. These, in turn, will drive Singapore’s pay TV penetration to reach its potential more quickly, reaching higher ARPU levels and overall higher industry growth and sustainability. 7
  • 8. PERSPECTIVE Long-term quantitative benefits of the measure are clear Specifically, over the coming 10 years – being the period of our analysis – Value Partners estimates that pay TV household penetration will reach 67%-70% by 2020 with the measure, compared to 64% without the measure. We further believe ARPU levels will reach S$71-S$76 by 2020 with the measure compared to S$65 without the measure, representing a 25-29% increase in overall annual market revenues by 2020. Pa Pay TV household penetration forecast Pay TV Market ARPU forecast SGD Counterfactual (without Measure) Percent Counterfactual (without Measure) Factual (with Measrue) Factual (with Measrue) Pay TV penetration 120 120% ranges based on ARPU ranges based on international international benchmarks benchmarks (SGD33-104) (58%-97%) 100% 100 80% 69% 70% 66% 67% 68% 80 63% 64% 65% 71 72 60% 69 56% 67 68 60% 52% 65 63 62% 63% 64% 61 61 57% 58% 59% 60% 61% 58 52% 54% 56% 60 54 62 62 63 63 64 64 65 61 61 40% 58 54 40 20% 0% 20 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Source: Value Partners analysis Pay TV operators are not only likely to gain in revenues; the overall profitability of the industry is likely to improve to a level that will allow its future sustainability. We estimate that EBITDA margins can improve to 18% by 2020 – in line with international benchmarks, albeit at the lower end of the range. Singapore pay TV operators EBITDA forecast Counterfactual (without Measure) 40% Factual (with Measrue) 30% 20% 12% 13% 10% 11% EBITDA ranges based on 8% 9% 10% international benchmarks (12%-35%) 5% 1% 7% 7% 7% 7% 7% 7% 0% 3% -3% -6% 0% -10% -3% -10% -6% -10% -20% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Source: Value Partners analysis 8
  • 9. PERSPECTIVE Specifically, Starhub and SingTel (and any other new entrant) would be able to continue to compete equally, since: • The majority of households are able to freely choose between operators, given that almost all homes (99%) are fixed line and most (94%) cable ready; • The measure does not reduce content’s value as a competitive lever, so operators can still use this as a component for bundling; and • Operators’ hubbing strategies are still intact, since both are still free to offer their pay TV service with their other offerings. Content owners will benefit from the measure through monetisation of the combination of an increase in market size and addressable viewers made possible by the measure. Specifically, content providers are expected to enjoy a neutral-to-marginally-positive impact from the measure through the net effect of: • Gain in additional revenues from increased subscriptions from pay TV operator customers monetised through viewership-based contracts; • Gain in additional revenues from increased advertising and sponsorship; and • Loss of some strategic rights premium due to non-exclusivity of content but potential for underpinning of economic value through the ability to calculate incremental revenues from wider viewership forecasts. Although content costs as a percentage of pay TV revenues is likely to decrease to levels in line with international benchmarks as a result of the measure, absolute content cost will still grow at 4% CAGR, driven by overall industry growth. This further indicates that content providers will still enjoy healthy revenue growth, although this will vary across different categories of content providers, with premium sports content providers retaining the biggest share. This also means that Singapore is likely to remain an attractive market for content providers. Pay TV content cost forecast Counterfactual (without Measure) Factual (with Measrue) Percentage Content cost (SGD Mn) 400 410 100% 389 420 378 368 347 355 339 370 329 310 320 80% 281 Content cost 266 increases at 270 4% CAGR 60% 60% 59% 220 60% 57% 56% 55% 60% 53% 53% 53% 53% 53% 53%170 58% 56% 54% 52% 120 50% 49% 48% 47% 40% 46% 45% Content cost as % of pay TV revenues 70 based on international benchmarks 20 (32%-47%) 20% -30 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Source: Value Partners analysis For consumers, the overall impact of the measure will be positive as consumers have access to more content and pay less in dual subscriptions. Although consumers collectively spend more, we expect individual consumers to enjoy savings of around 2-8% over the 10-year period. We expect advertisers to experience a minimal impact, since pricing for advertisements is based on viewership and advertisers are not expected to pay more to reach the same number of viewers. 9
  • 10. PERSPECTIVE Finally, in concert with determining the potential for market growth and new entrants, Value Partners also made an assessment of the potential growth in the number of channels in the Singaporean pay TV market over the next 10 years, as a direct result of the measure. Based on this, we believe that the number of channels in the Singaporean pay TV market could grow from 187 in 2010 to 269 in 2020, representing absolute growth of 82 channels, or 44%. Decoupling the Media/Pay TV value chain for the benefit of the industry While the measure appears to be conceptually sound and well conceived, its ultimate success in achieving the benefits outlined above in practice over the coming 10 years will depend on actual implementation. Fundamentally, MDA needs to ensure that the measure remains true to its intentions, is fair to all players and does not impede stakeholders’ ability to deliver their content/services to all subscribers. In particular, there are implementation challenges we have assessed as being the most linked to the realisation of benefits. Those that must be carefully considered can be grouped into Commercial, Operational and Technical, and Scope Limitation considerations, as follows: • Commercial considerations, including the extent to which SQLs are obliged to bundle/unbundle their content (both basic and exclusive); cross-carriage fee model, both the form (e.g., Interim proxy-based Average Channel Cost, TSLRIC-based cost-plus, Retail-Minus, revenue share), the actual quantum and whether it should be symmetric/asymmetric across operators with different platform technologies; billing and customer support, specifically with regard to increasing the number of billing relationships for consumers and the complexity of customer support interactions. • Operational and technical considerations, including handling of on-demand and live content; cases where customer content contracts are shorter than their platform subscription contract; copyright protection of supplied content once transmitted over the receiving network; sharing of customer information across pay TV operators for resolution of billing and customer care issues. • Scope limitation considerations, including limiting the scope of the measure to specific content genres enabling market power to be exerted; embedding a review date in the measure, where issues such as content concentration and programme access will once again be assessed; enabling content owners to continue to restrict ECA content, but only for a limited period following which they would have to make it available. Implementation principles underpinning success of the measure In Value Partners’ view, the above considerations could be effectively addressed by upholding the following principles during implementation of the measure: 1. Ensuring that transit fees between operators are broadly symmetric and represent incremental cost recovery, so that operators are not over or undercompensated and relatively lower cost platforms are not exploited unfairly, particularly by new entrants. Value Partners believes that MDA would benefit from being prescriptive and transparent in setting the transit fee, instead of allowing it to be determined by market forces. 2. Preserving competitive dynamics, especially with regards to operators’ ability to extract value from their content and bundled offers. We believe that operators should be allowed to continue to offer content in its bundled form and offer content a-la-carte only if they choose to do so. 3. Mandating that the relationship between operator and subscriber remains intact regardless of platform. We believe that, to ensure equity and minimal interference to market dynamics, contractual obligations for set-top boxes and content should be separate, meaning that the onus is on the customer to ensure they have the appropriate infrastructure to access the content they have purchased. 10
  • 11. PERSPECTIVE Gaining a competitive advantage in times of change In conducting our analysis on the impacts of the proposed MDA measure, several insightful revelations came to light regarding how different pay TV industry stakeholders could potentially position themselves to gain a competitive advantage from the change, as the measure is likely to alter the market landscape in a number of ways. This is summarised below: • Due to differences in business models, market share, content/rights and platform (ie. CATV, xDSL IPTV, NGNBN), the MDA measure will have differing impacts on pay TV operators in Singapore, creating asymmetric opportunities for stakeholders. • Implementation of the measure will require pay TV operators (ie. variously in the SQL and RQL roles) and content providers to reassess their strategy both at the retail level and in sourcing & distributing content. Specifically, changes will evidently be required in retail content pricing & bundle structure, advertising on exclusive channels (to be seen when viewing on competitor’s platform as RQL), as well as exclusive content sourcing/bundling and contractual mechanisms (eg. viewership based compensation). • For content providers and market entrants– particularly direct-to-consumer content aggregators and/or virtual operators – new opportunities are being created, with strategic elements of the business model needing to be evaluated, such as retail content/bundle pricing and structure, distribution platform exploitation and associated value-added services, increasing in importance. • For existing operators who are also exclusive content owners opportunities are also evident, such as the potential for them to look beyond their existing platforms for distribution, under a hybrid distribution/ exploitation model. Conclusion Overall, Value Partners believes that over the next 10 years, as assessed in our quantitative analysis, MDA’s proposed cross-carriage measure will have a net positive impact on the Singapore pay TV industry and participating stakeholders, and will not be value destructive nor cause unreasonable loss to any key stakeholder group of pay TV operators, content owners, consumers or advertisers. Coupled with the fact that Singaporean pay TV household penetration is below benchmarked levels, the design of the measure will bring about increased viewership, a broader basis for competition, reduction in content concentration and improvements in program access for consumers. At the same time, it will enable stakeholders to monetise their assets fairly. Therefore, the Singapore pay TV industry has the potential for continued sustainable growth and innovation. As the pay TV industry experiences stronger growth and broader-based competition, pay TV operators will in turn enjoy healthier financial results that ensure the long-term viability of the industry. Consumers will avoid unnecessary costs and enjoy wider content availability, and at the same time, content providers will preserve and likely grow their revenue streams as a result of the increased viewership, potential for direct-to-consumer business models, and growth of the industry overall. Finally, it is our view that the measure is also a regulatory innovation that, once implemented and proven in Singapore, could potentially set a new model for media regulators around the world who are grappling with how to deliver similar consumer and industry benefits whilst at the same time, preserving economic value and upholding free market principles. 11
  • 12. PERSPECTIVE About Value Partners As one of the largest TMT Founded in 1993, Value Partners For more information on the issues practices worldwide, Value is a global management raised in this note please contact Partners works across all sectors consulting firm that works with ruggero.jenna@valuepartners.com, of the telecommunications multinational corporations and dominic.arena@valuepartners.com, and the digital marketplace, high-potential entrepreneurial cheryl.lim@valuepartners.com with a particular expertise businesses to identify and pursue or one of our offices below. in public and commercial value enhancement initiatives broadcasting, satellite and pay across innovation, international Find all the contacts details on TV, publishing, digital media, expansion, and operational www.valuepartners.com sport, fixed and mobile voice and effectiveness. It comprises two broadband, licence bids, network sister companies: Value Partners Milan infrastructure and equipment. Management Consulting and Rome Over the last 15 years, we have Value Team IT Consulting & London delivered real benefits for our Solutions. Munich clients, building on our deep Helsinki industry insights into the key With 14 offices across Europe, Istanbul issues for these sectors. Our Asia, South America and MENA, Dubai TMT practice draws on over 200 Value Partners’ expertise São Paulo professionals worldwide. We spans corporate strategy, due Rio de Janeiro assist 13 of the top 20 telecoms diligence and financial business Buenos Aires operators in Europe, Asia, planning, cost transformation Mumbai Middle East and Latin America, and organisational development, Beijing and we work with the leading commercial planning, Hong Kong blue chip media companies technology decisions, and Singapore internationally, including 30 of change management. Its 3,300 the leading Pay-TV and Free To professionals, from 25 nations, Air broadcasters in more than combine a methodological 20 markets. Additionally, we approach and analytical serve 100% of the largest Private framework with a hands-on Equity firms with an interest in attitude and practical industry telecom and media. This means experience developed in an we can help our clients to adapt executive capacity within their their business models in an sectors of focus: media, telecoms increasingly complex business and IT, luxury goods, financial environment, to maximise impact services, energy, manufacturing and returns from digital media. and hi-tech. 12