Ofcom has reviewed its status on Sky's provision of technical platform services (TPS), and says Sky is entitled to revise its prices from January next year, as long as it is in line with the level of benefit the service provides and there is more transparency in how the charges are set.
Entertainment channel Rapture, which has recently said Sky is charging too much for its electronic programming guide (EPG) service, said it welcomed the new guidelines.
The consultation has raised concerns about whether Sky would charge some TPS customers more than others, without this difference being reflective of the benefits received, leading to potential discrimination between channels.
Some EPG listings do not contain as much programme schedule information as others, for example on Sky DSat EPG viewers have access to less schedule information on radio channels than is available for TV channels.
Therefore, Ofcom now requires Sky to provide TPS on "fair and reasonable terms, conditions and charges," and that it must publish charges and the method for determining them, as well as giving 90 days notice of any changes.
Rapture told Digital Spy that it has been in contact with a number of other independent satellite channels that have felt they have not been treated in a 'fair, reasonable and non-discriminatory' fashion.
David Henry, Rapture's managing director, said: "If BSkyB had been supplying the EPG services in a 'fair, reasonable and non-discriminatory' basis then why was there a need to have revised guidelines drawn up? BSkyB has always had to offer the technical services on a 'fair, reasonable and non-discriminatory' basis."
The regulator had been concerned that a lack of clarity arising from the previous guidelines would affect the business plans of channels, users of TPS, which may in turn have an effect on the future investment in the industry.
Ofcom said Sky, the only body regulated by the guidelines, was able to negotiate different charges with TPS customers on the basis of their willingness to pay and therefore, in the future, in order to gain direct access to Sky's 8 million households, TPS customers must agree terms with Sky.
Ofcom states the new guidelines will apply as from 1 January 2007, on which date Sky must either publish its revised charges or its charging methodology.
A spokesman for Sky said that it felt the company provided such services to the channels on "fair, reasonable and non-discriminatory" terms and it would be reviewing Ofcom's document and considering its implications.


