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Second National Operator (SNO) Pre-Bidders Conference Safari Park Hotel NAIROBI 17 th MARCH 2004 Restructuring Restructuring of the Telecommunications Sector of the Telecommunications Sector Factors of change for restructuring Factors


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SNO Pre- Bidders Conference,, Nairobi 17 March 2004 Riccardo Passerini ITU/BDT

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Second National Operator (SNO) Pre-Bidders’ Conference

Safari Park Hotel NAIROBI –17th MARCH 2004

Restructuring Restructuring

  • f the Telecommunications Sector
  • f the Telecommunications Sector

Factors of change for restructuring Factors of change for restructuring

Riccardo Passerini, ITU Riccardo Passerini, ITU

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Factor of change for restructuring

Impact of new technologies Impact of mobiles Impact of Internet Digital economy Networked society Digital divide

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Fixed Mobile Fixed Internet Mobile Internet 150 300 450 600 750 900 1050 1200 1350 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005

(Millions) Minute migration

Subscriber Growth

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Calling opportunities worldwide Calling opportunities worldwide

89.7% 5.0%5.0%0.3%

1993

52.7% 19.9% 19.9% 7.5%

1998

23.4% 25.0% 25.0% 26.7%

2003

Fixed-to- fixed Fixed-to- mobile Mobile-to- fixed Mobile-to- mobile

Source: ITU Fixed-Mobile Interconnect website: http://www.itu.int/interconnect

Fixed-to- fixed Fixed-to- fixed Fixed-to- mobile Mobile-to- fixed

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Convergence

Computer & Data Consumer Electronics Entertainment & Publishing

B u s i n e s s M u l t i m e d i a I n f

  • r

m a t i

  • n

G a d g e t s

Telecom

Home Multimedia Information & Work Support

?

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Convergence

  • The coming together of telecommunications, computing

and broadcasting into information and communications technologies (ICT)

  • Within telecom the convergence of voice and data and

fixed and mobile services

  • ICT uses same:

–Technology used to code voice, data and video –Carrier for voice, data and video

  • Expands the range and quality of services
  • Requires broadband technologies
  • Encourages the use of a single communications regulator
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Paradigm Shift in Digital Economy Paradigm Shift in Digital Economy

Shift from

  • Industrial society;
  • Centralized control
  • r regulation from

regulators or monopolies in telecom;

  • Significant market

powers Shift from

  • Industrial society;
  • Centralized control
  • r regulation from

regulators or monopolies in telecom;

  • Significant market

powers

  • Information society with a

knowledge-driven digital economy;

  • Deregulated or privatized

telecom; Industry-led self- regulation & power of individual users’ fingertips over convergence of ICT, especially in the advent of Internet;

  • Micro, small & medium-sized

entrepreneurs esp. in the era of eBusiness or eCommerce; &

  • Almost ‘instant global village’

connected by various technologies and services ….

  • Information society with a

knowledge-driven digital economy;

  • Deregulated or privatized

telecom; Industry-led self- regulation & power of individual users’ fingertips over convergence of ICT, especially in the advent of Internet;

  • Micro, small & medium-sized

entrepreneurs esp. in the era of eBusiness or eCommerce; &

  • Almost ‘instant global village’

connected by various technologies and services ….

to to

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The emergence of the ‘networked’ society’

We are at the outset of a truly remarkable revolution where

  • Anything that can be connected will be!
  • Anything that can be digital will be!
  • Anything that can become mobile will become!

Industrial Revolution Information Society The ‘Networked’ Society

Dismantling of traditional industry structures, disaggregation of traditional business models, a wealth of opportunities and considerable threaths

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Digital divide = Telecoms divide User distribution, by income group, Jan 2000

Internet users Mobile users Telephone lines Population

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% High income Upper-mid income Lower-mid income Low income 280 million 490 million 912 million 6 billion

82 % 69 % 58 % 15 %

Source: ITU World Telecommunication Indicators Database.

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The digital divide is shrinking, but also shifting

Share of low and lower- middle income countries in:

Source: ITU World Telecommunication Indicators Database.

18%

  • Jan. 1995
  • Jan. 2000

28% 5% 14% 1.1% 7.6% Telephone main lines Mobile subscribers Estimated Internet Users

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Second National Operator (SNO) Pre-Bidders’ Conference

Safari Park Hotel NAIROBI –17th MARCH 2004

Restructuring Restructuring

  • f the Telecommunications Sector
  • f the Telecommunications Sector

Objectives of the restructuring Objectives of the restructuring

  • f the telecomunications sector
  • f the telecomunications sector
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The growing importance of the telecommunication sector

Telecommunications are a crucial factor of efficiency for the administrations, public utilities and private companies.

  • Synergy with computers for data processing,
  • Faster information and better dialogue

Telecommunications play a crucial role for increasing the competitivity of entreprises:

  • Better productivity and better services
  • More jobs with added values with new services
  • Less intermediary positions without added values
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Results of convergence of ICT (Information and Communication Technology)

Till 1980 Telecom- munications Informatics Electronic media After 1980 Telematics Electronic media After 1995

ICT

  • r

Mediamatics The telecommunications sector evolves in a broader « ICT » sector

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Why restructuring: The past

Telecoms Sector used to be viewed as a Natural Monopoly (due to large investments needed) States considered it their responsibility to provide telecoms service Telecoms was not viewed as a busienss but rather a service Hence emergence of Public Telecommunications Operators (PTO’s) as State-Owned Enterprises (SOE’s)

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Why restructuring: Things have changed

Governments no longer put telecoms as their core activity any more (whether willingly or forced by global and sectoral changes) Governments have no capital for investment in the sector. Have other competing priorities such as Health, Education, etc. Changing Industry Structure from Monopoly to competition Need to attract Investment, Stimulate Innovation Acquire Technology Failure of Monopolies to meet social obligations

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Why restructuring: The reasons

  • Restructuring is necessary when monopolies are

characterized by:

  • telecom is not central to governmental priorities
  • no capital for investment
  • poor network development
  • delay for introducing new technologies and services
  • long waiting lists (Unmet Demand)
  • poor technical and financial performances
  • skill and technology shortag
  • low productivity
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Shift from protectionist model to market access model

  • telecom area of trade in which non-state actors should be

permitted

  • access to market non-discriminatory, level playing field and

end to cross-subsidisation

  • apply to telecom trade principles of non-discriminatory

market access; fair and effective competition;

  • transparency in rates and regulations
  • competition between firms and countries in international

services

  • increased foreign direct investment, strategic alliances

and joint ventures

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Objectives of the restructuring of the telecommunications sector

  • Attract financial resources from international institutions and

private investors in order to develop the network and services

  • Satisfy and Expand the demand for a whole range of

business and consumer services

  • Improve the welfare of the population by increasing

telephone penetration at affordable prices

  • Establish rules and conduct of institutions and players in the

telecoms market through Regulation

  • Improve the efficiency of the Incumbent Operator and

increase value to shareholders.

  • Improve the quality of service.
  • Sharpen Business focus
  • Withstand competition
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Risks and opportunities

Before

  • pening

After

  • pening

IPTO IPTO new compe- titor a b a b c d e a = IPTO (incumbent public telecom operator) market share kept after opening b = IPTO market share lost after opening c = new market created by new competitor d = charge paid by new competitor to IPTO for using its network e = new market extension due to stimulation

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International traffic :

Before restructuring Before restructuring

Monopoly environment Monopoly environment Telecoms = Public utility Bilateral agreement between administrations Accounting rates stable Voice traffic dominant over Voice traffic dominant over PSTN PSTN

After restructuring After restructuring

Competitive environment Competitive environment Telecoms=Tradable services Commercial relationships between private companies Costs based tariffs Emergence of IP, leased Emergence of IP, leased lines, private networks lines, private networks

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Disadvantages of Liberalisation

  • «cream skimming» of most profitable segments market
  • obligation to make profit detrimentally to some segments
  • increasing tariff of local calls
  • postponing investment in rural areas
  • more expenses for publicity, PR detrimental to investments
  • loss of national sovereignty
  • possible duplication of infrastructure investments
  • foreign ownership, repatriation of profit
  • customer confusion face to unclear price packages
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Cross Cross-

  • subsidisations

subsidisations

rural local urban

suburban medium distance

inter-city international

income cost cost income

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Privatisation

  • Transfer of ownership of state enterprises to

the private sector

  • Distinguish from corporatisation (still state-
  • wned)
  • Global trends show rapid privatisation of

PTOs

  • Expected benefits:

– Inflow of capital; – commercial management expertise; – and technological innovations – Rapid expansion of the network infrastructure

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Privatization: Management controlled by Shareholders

  • No control from finance ministry for which telecoms were not

a priority for investments, but was a «cow milk»

  • Management under the pressure of financial results
  • No obligation to support other ministries and public organisations
  • No political constraints on the choice of suppliers

Decisions are taken after considering their impact on the financial profitability for the owners of the company.

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Privatization: Management becomes business oriented

Accounting system of private companies

Tax payment instead of political contributions Ownership of buildings. Rights of way for cables

New Status for the staff

remuneration is based on achievements of functions and results instead of being based on administrative grade and seniority

Management style

Private managers are more familiar with risk and uncertainty when they have to take decisions; Customer orientation

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Key activities in telecommunication sector

POLICY OPERATION REGULATION

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The main actors of the telecommunications sector

The The policy maker policy maker : sets the goals and the mechanisms

for the sector’s development

The The regulator regulator : is the instrument to implement the

policy

The networks operators : The networks operators : operate the infrastructure

and provide basic and essential services; contracditory interests between the incumbent operator and the new entrants

The service suppliers: The service suppliers: provide an increasing range of

services, with the convergence of ICT and media

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Second National Operator (SNO) Pre-Bidders’ Conference

Safari Park Hotel NAIROBI –17th MARCH 2004

Restructuring Restructuring

  • f the Telecommunications Sector
  • f the Telecommunications Sector

Global trends of regulatory framework Global trends of regulatory framework

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What Is the Global Trend of Regulatory What Is the Global Trend of Regulatory Frameworks Over Decades ? Frameworks Over Decades ?

Until 1970s: most state monopoly for all functions in telecom Until 1970s: most state monopoly for all functions in telecom By 1999: some 80 countries separating regulatory function from policy-making with competition safeguard By 1999: some 80 countries separating regulatory function from policy-making with competition safeguard 1980s-1990s: many separating operational function by liberalization or privatization 1980s-1990s: many separating operational function by liberalization or privatization 2000 & beyond Convergence of regulations & institutions in computing, broadcasting, & telecom 2000 & beyond Convergence of regulations & institutions in computing, broadcasting, & telecom

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The state of the world-wide market

  • Increasing competition

– Around two-thirds of telecom subscribers now have a choice of operator – More than 99 per cent of mobile and Internet subscribers now have a choice of operator

  • Dominantly private-ownership

– 19 out of top 20 top public telecom operators are partially or fully private-owned – Of the top 20 mobile operators, 16 are fully- private, 3 are partially private, 1 is state-owned

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SECTOR STRUCTURE

THERE ARE DIFFERENT FORMS OF SECTOR STRUCTURES IN OPERATION IN THE

  • WORLD. NAMELY:

MONOPOLY DUOPOLY COMPETITIVE

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PRIVATE; COMPETITIVE; MOBILE & GLOBAL

WTDR, ITU 2002

FOUR WORDS SUM UP TODAY’S TELECOMMUNICATIONS MARKET:

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By beginning of 2002, more than ½ the countries had partially privatised their incumbent operators In Africa Privatised incumbent Operators are 40% (Americas 74%, Asia 53%) More Privatisation plans had to be put off in 2001 due to market conditions. An additional 20 more countries in Africa announced plans to privatise their incumbents. If these went through, the number of privatised incumbents would push up to about 80% Clearly, the days of wholly state-owned fixed

  • perators are over

PRIVATE

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Competition has increased (especially in Mobile, Internet and International long distance market segments) 1992 – There were 200 Mobile operators around the world. By end 2001, there were

  • ver 600.

1/3 of the countries had 3 or more operators More than 100 Mobile Networks in Africa by 2001

COMPETITION?

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MOBILE?

  • The Missing Link
  • Telecoms delivered through radio

waves, not just fixed line

  • People can now be reached anywhere
  • Reachability enhanced by Satellite
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GLOBAL?

Mobile penetration not heavily dependent on income; it is helping eliminate waiting lists Global Operations – Big International companies are now operating everywhere. In Africa, examples are Vodaphone, Telkom Malaysia, Deutsche Telekom. (participants to give examples in own countries) Strategic Investors: MTN, Telecel, Econet, MSI A borderless world, borderless services, borderless companies, borderless technologies

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GLOBAL? … WTO: Inclusion of Telecommunications (1994); Commitments under GATS (1997) towards liberalising telecommunications and setting of timetable. Global Services: Mobile roaming, global, satellite systems, calling

  • cards. (In 2002 GSM customers could use

mobile phones on 482 networks in 174 countries)

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UK CASE STUDY

B.T & Mercury 1982 Exclusivity up to 1990 During exclusivity, only 7m new fixed lines added (Average Annual Investment – US$ 3.5 Billion) During the 90’s, after exclusivity – 10 m new lines added (Average Annual Investment – US$ 8 Billion)

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COMPETITION IS NOW A GLOBAL PHENOMENON, ACROSS REGIONS, COUNTRIES AND SERVICES. AFRICA HAS BEEN AFFECTED AND POSITIVELY SO. For Example, THE CONTINENT HAS REGISTERED THE HIGHEST GROWTH IN THE MOBILE MARKET. The following tables highlight these trends:

COMPETITION

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More and more countries are allowing competition on the telcoms market as the statistics below show

Source: ITU Telecommunication Regulatory Database. 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Africa Americas Asia- Pacific Arab States Europe Monopoly Duopoly Competition

Degree of Degree of competition competition in basic in basic services services

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Competition has been the norm in many services of telecoms outside basic services. but even in basic services, competition is creeping in

Degree of competition by service

Source: ITU Telecommunication Regulatory Database.

0% 10% 20% 30% 40% 50% 60% 70% 80% Basic services Cellular Cable TV ISPs Monopoly Duopoly Competition

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COMPETITION HAS ALSO BEEN GROWING IN AFRICA AND QUITE RAPIDY IN MOBILE

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% AfricaAmericas Asia- Pacific Arab States EuropeWorld MonopolyCompetition 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Africa Americas Asia- Pacific Arab States Europe World MonopolyCompetition

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Africa Americas Asia- Pacific Arab States Europe Monopoly Competition Cellular mobile services 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Africa Americas Asia- Pacific Arab States Europe Monopoly Competition Cellular mobile services

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Ownership patterns are also changing as governments privatise their incumbent operators to gain full advantage of the benefits of restructuring

20 40 60 80 100 120 140 160 1991 1993 1995 1999 Private State-owned

Countries

Source: ITU Telecommunication Regulatory Database.

63 Europe 53 Asia-Pacific 29 Arab States 74 Americas 35 Africa % Privatized Region Privatisation Ownership status of the incumbent

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CONCLUSION

Liberalising the Telecom Sector has become a reality of today’s world. The fact that it is being enshrined in the WTO reinforces this reality. Those who accept this fact and proceed to implement privatisation stand a chance of doing so on their own terms. Procrastination, hesitation and lack of political will on the part of leadership may in the end prove costly.

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Second National Operator (SNO) Pre-Bidders’ Conference

Safari Park Hotel NAIROBI –17th MARCH 2004

Restructuring Restructuring

  • f the Telecommunications Sector
  • f the Telecommunications Sector

Challenges Challenges

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What to do: List of actions

1. Set standards 2. License carriers 3. Regulate prices 4. Monitor quality of service 5. Aprove carriers construction and capital plans 6. Interconnection terms 7. Type approval of customer equipment 8. User complains

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Principles of regulation

  • Detailed sectoral rules should be imposed only where

necessary

  • The need for rules should be assesses using the standard

framework of competition authorities, weighting up the state of competition and the advantages/disadvantages of intervention

  • Rules should not be applied where objectives can be

achieved by market forces.

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Regulatory relationships

Regulatory Body Consumer: Service, price, choice Government Court of law Operators

  • Incumbent
  • New entrants

Antimonopoly

  • ffice

International relationships

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New Challenges

  • Create an enabling regulatory environment for ICT

investment

  • Licensing
  • Interconnection (technical and regulatory aspects)
  • Numbering Plan
  • Number Portability and Carrier Selection
  • Tariff Regulation
  • Universal Service Obligation (USO)
  • Privatization of the SOO’s (State Owned Operators)
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Licensing

Licenses to be granted by the Minister or by the Regulator

Licensing conditions Key obligations could include –Universal service obligations –Interconnection with networks of other operators –Terms and conditions of providing service –Prohibition against discrimination in providing service

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Objectives of Licensing: a regulatory tool

  • To control use of a valuable (or scarce) national resource

(e.g., frequencies)

  • To ensure access to a valuable public service (other

examples, water, electricity, etc.)

  • To ensure that monopoly or dominant players (which

have traditionally been protected) do not abuse their monopoly or dominant positions (issues such as requirements for interconnection often make general competition rules and regulators inappropriate in the telecommunications industry)

  • To promote competition and consumer benefits
  • To promote network expansion
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Issuing Licenses

It is recommended to allocate licences by competitive bidding (Beauty Contest), rather than direct allocation

  • r lottery.

The selection criteria must be clear and fair, and should include

  • Technical expertise
  • Financial strengt
  • Performance indicators
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Comparative applications

  • Comparative applications :the independent regulator

considers applications in comparison to one another with regard to the published selection criteria and chooses the best of the applicants (also referred to as ‘beauty contest’)

– Draw-backs – costly in terms of money and other resources, a lengthy process, a subjective process and likely to be reviewed in the courts, requires an experienced and strong regulator to consider applications competently and without undue influence by any of the interested parties – Positives – if done properly, the BEST applicant will be awarded the license

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Numbering

  • Why is it important?

– Industry growth - running out of numbers – Rights

  • equal treatment for new entrants
  • consumer/user demand
  • Numbers as a valuable resource
  • Access to numbers can be a barrier to entry,

limitation on service development and network inefficiency.

  • Effective regulation can overcome these hurdles

through optimising use of the resource

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Numbering

  • Country codes

– ITU and standards

  • National numbering

– National significant number (NSN) – Subscriber number (SN)

  • Numbering planning

– Numbering scheme/plan means the uses assigned to NDCs and the rules for SNs within NDCs

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Regulator and Numbering

  • Why should the regulator be involved?

– national numbering plan is a national resource – should be managed in the overall national interest – in a competitive environment the regulator as a disinterested party should ensure that this happens

  • Regulator resolve conflicts such as:

– the incumbent operator being unlikely to share numbering resources fairly with new competitors – network operators may want to use number for branding their services in conflict with users who want a simple, uniform scheme

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Number Portability (NP)

  • A user can migrate from his network

(Donor) to another network (Recipient) maintaining the same subscriber number

  • Different methods can be used to perform

NP

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Number Portability: Conceptual framework for incoming calls

Incoming call (either from customer line or other network) Transit Network

(optional)

Recipient Network

Recipient Exchange

Initiating Network

Customer with ported number

  • Initiating Exchange
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Number Portability: Onward routing

  • Onward Routing: Performed by the Donor

network on per Call Forward basis, used when the number of ported numbers is not to high (first phase of NP implementation)

  • The Donor Network (normally the former

monopoly one) is maintaining the DB of the ported numbers. The new entrants are paying the incumbent for the service

  • Administrative procedures to be agreed between

the Operators

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Number Portability methods: Call re-routed from Donor Network (onward routing principles)

IAM IAM Calling Subscriber

Called Subscriber Originating Network

DB

Donor Network Recipient Network

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Number Portability: All call query

  • All call query: Performed by the network

Originating the call (final phase of the NP implementation)

  • Any network is maintaining the DB of the

ported numbers.

  • The Authority (outsourcing?) is maintaining a

reference DB to whom the DB’s of the operators are referring (connected?) in order to updated the list of the ported numbers

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Number Portability methods: Call re-routed from Originating Network (All call query routing principles)

Calling Subscriber

Called Subscriber Originating Network

DB

Donor Network Recipient Network

IAM

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Carrier Selection

  • The Carrier Selection (Easy Access) service enables

the user to use a different Carrier Network from the one he subscribes to directly (Access Network) for Long (Local?) Distance calls, by selecting the carrier identification code 10XY(Z) before the figures relating to the desired destination.

  • The Carrier Pre-selection service enables the user to

access the same facility as the previous one without any particular procedure at the selection stage.

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Carrier Selection

Transit Network (optional)

IAM IAM

Carrier Network Access Network Terminating Network

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Universal Service Obligation:

  • Access to a defined minimum service to

all users at affordable price

  • Universal Service Obligation (USO) :

Obligation placed upon one or more operators to provide Universal Service

  • Aim: To ensure that benefits of increased

competition are passed on to the users

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Why universal service?

  • Telecommunications as a right
  • Economic development
  • Close gap between haves and have nots
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Why universal service?

  • Telecommunications as a right
  • Economic development
  • Close gap between haves and have nots
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Goals of universal service

  • bligations
  • Service vs access

– Service – service actually provide to the home/office – Access – access to communications within a certain distance

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Goals of universal service

  • bligations
  • Basic vs other services

– Voice telephony – Internet access

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Service obligations

  • Geography
  • Population
  • Sustainability
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Funds – who pays?

  • Government
  • Licensees
  • Auction proceeds
  • Other, e.g, non-profit or international funds
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Funds - who gets subsidies?

  • Subsidies to licensees

– Should they get them? – How does one decide how much of a subsidy to give licensees?

  • How to combine USO with competition?
  • Cross-subsidy and cost sharing among operators?
  • Access Deficit Charge, ADC)
  • Subsidy to Operators offering basic services in remote area at

most convenient price

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Funds - who gets subsidies?

  • Subsidies to others

– Individuals – Schools – Libraries – Hospitals

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Creative solutions to universal services

  • Poland, where rural cooperatives are able to

build out networks in such areas and sell them to the monopolist

  • South Africa, where the latest proposed

amendments to the telecommunications legislation provide for the licensing of small businesses to provide telecommunication services in areas where teledensity is low

  • Franchising by licensees
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Interconnection of different networks

Fixed Network Operator 1 Fixed Network Operator 2 GSM Network Operator 4 GSM Network Operator 3 Interface C Interface A Interface B Satellite Network Operator 5 Interface E Interface D

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Interconnection

Local exchange Local exchange Local exchange Transit Local exchange

Operator

A

Operator

B

Point of interconnection (POI) POI POI

Transit

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Interconnection between a fixed

  • perator and a mobile operator

BSC BSC Local exchange Transit Local exchange

Fixed operator Mobile

  • perator

Point of interconnection POI POI

MSC

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Types of routing for interconnection

Point

  • f

Presence

SIMPLE TRANSIT DOUBLE TRANSIT NO TRANSIT

Transit

Local exchange Local exchange Local exchange

Transit

Competitor Incumbent Public Telecom Operator

  • utgoing

call

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Interconnection

  • Enables customers connected to different networks to

communicate: – Guarantees total network connectivity (any calling party reaches any called party) – Ensures service interoperability. (good functionning of any regular service between the calling party and the called party)

  • Expands choices available to telecommunication users.
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Importance Importance

  • “Regulators around the globe consider

interconnection to be the single most important issue in the development of a competitive market place for telecommunication services.”

– - ITU, Trends in Telecommunication Reform 2000.

  • “Cornerstone of Competition”

– Melody

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Interconnection policy

Objectives of interconnection policy

–Allow customers to communicate with customers connected to different networks –Ensure full network connectivity (interoperability) –Meet the needs of customers through competing interconnected networks (larger choice of providers) –Contribute to the efficiency of the economy –Provide fair competition –Create conditions for investments No investment without effective interconnection

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Legal issues on interconnection

  • Incumbent PTO and major PTO can not refuse any request
  • f interconnection without autorisation from the Regulatory

Authority

  • The Regulatory Authority ensures that all reasonable requests
  • f interconnection by new entrants are satisfied in a

reasonable time.

  • Technical and commercial terms of interconnection are

defined in agreements and contracts between the relevant parties, subject to the agreement of the Regulatory Authority.

  • The Regulatory Authority is used as a referee in case of

difficulties to find an agreement between the concerned parties.

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Requirements of new entrants

  • A reasonable interconnection charge tariff
  • Choice of points of interconnection
  • Technical standards and appropriate interfaces
  • Allocation of numbers in the numbering plan
  • Protection of information
  • Non-discrimination in the areas of quality of service and price
  • Reasonable delay and deployment of interconnection services
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Concept of significant market power

This concept represents an evolution of the incumbent operator

  • concept. A significant market power is any operator that holds a

significant market share (generally above the 15-25 per cent mark). A new entrant may become a significant market power after a few years, and be subject to the same constraints as the incumbent operator regarding the interconnection issue. Examples: Cable Wireless in the UK; Cégétel in France.

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Non-discrimination requirement

Significant market power A is prohibited from granting new entrant B more advantageous conditions than new entrant

  • C. Contractual terms must be identical in order to prevent any

new entrant from being placed at a disadvantage. Significant market powers must give new entrants all of the advantages that they themselves offer to their subsidiaries or to their own units (Reciprocity). This is the most sensitive point to implement. Problems of network saturation or inefficient capacity may be used as a pretext to block a

  • competitor. Penalties should be envisaged for significant market

powers that fail to provide requested capacities in a timely manner.

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Ex Ante versus Ex Post approach

Ex post: Directives and role of the regulatory authority kept to a minimum.

Excessive intervention of the regulatory authority and excessively detailed directives are considered to be a source of unjustified constraints. It is preferable to allow significant market powers and new entrants to negotiate freely, and for intervention to be limited to cases where conflicts

  • arise. Telecommunication sector treated like any other commercial regulations.

Ex ante: Directives and role of the regulatory authority strenghened

It is preferable for problems to be anticipated and the rights and obligations

  • f the various players involved to be specified. Intervention may go as far as

setting thresholds for interconnection charges and specifying technical

  • parameters. Unbundling is an example of ex ante constraints.
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Cost-oriented tariffs

This is a universally accepted principle, for services offered to customers and for interconnection charges. Cost modelling methods are intensely debated (LRIC). The underlying principle is to enable the significant market power to generate a reasonable profit without passing on unjustified charges (planning errors, overdimensioning, or activities not required for production of the service segment in question).

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Role of the regulatory authority in the area of interconnection

  • Operational implementation of the regulatory framework
  • Enforcement of rights and obligations of all operators
  • Establish deadlines for various stages of the negotiations
  • Validation of the dominant operator’s interconnection catalogue (RIO)
  • Recommendation of cost calculation methods (LRIC)
  • Identification of access deficits (ADC)
  • Enforcement of compliance with universal service obligations (USO)
  • Arbitration in disputes between operators
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Consequences of inadequate interconnection policy

  • Higher than necessary costs of services to customers

as a result of unjustified charges

  • Technical problems in terms of interoperability and

end-to-end quality of service

  • Delays in service activation or interoperability
  • Absence of certain facilities (number portability,

feasibility of certain new services). These consequences inevitably have adverse effects on the country’s economy, whence the concern of the major international organizations.

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WTO recommendations

Interconnection with significant market powers must be assured:

  • At any technically feasible point in the network
  • In a timely manner
  • In non-discriminatory, transparent terms
  • With unbundling of interconnections offered, to avoid

unnecessary components

  • At non-standard points if the requesting party defrays

the costs involved. Significant market powers must publish an “interconnection catalogue” (RIO) describing approval procedures and conditions under which they make interconnection available.

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Example of interconnection rates

France Spain UK Sweden Denmark no transit.............. 1.28 ..... 1.8 .... 0.9 .... 1.98 .... 2.1 simple transit....... 2.5 ..... 3.1 .... 1.32 .... 2.52 .... 3.38 double transit ...... 3.4 ..... 5.0 .... 1.98 .... 3.48 .... 4.0 Rate per minute, in cents of US$, full cost or peak time

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Examples of best practices in interconnection rates

Rates per minute in EUR cents, peak rate hours

Min. Min. Max. Max.

1998 1999 Local Single transit Double transit 0.6 1.0 0.9 1.8 0.5 1.0 0.8 1.6 1.5 2.6 1.5 2.3

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Payments between operators in Europe Payments between operators in Europe Peak hours Peak hours

Country Type of interconnection Incumbent

  • perator's share

Alternative

  • perator's share

Germany (1) Indirect 50% ↔ 80% 50% 20% ↔ Belgium Direct 69% 31% Denmark (2) Indirect 29% 71% Spain Direct 57% 43% Direct 84% 16% France Indirect 72% 28%

  • Direct

42% 58% Italy Indirect transit local 63% 37% Netherlands Direct 83% Direct 67%

  • Average

Indirect 57% 17% 33% 43% - IC

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Country Type of interconnection Incumbent

  • perator's

share Alternative

  • perator's

share Germany Indirect Range: 32% ↔ 54% Range: 46% ; 68% - Belgium Direct 62% 38% Denmark Indirect 33% 67% Spain Direct 25% 75% Direct 68% 32% France Indirect 19% 81% Direct 32% 68% Italy Indirect transit local 81% 19% Netherlands Direct 74% 26% Direct 52% 48% Average Indirect 44% 56%

Payments Between Operators in Europe Off-Peak Hours

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Conclusion

There are three essential factors in the success of an interconnection policy:

  • Establishment of a legal and regulatory system enabling

competition to emerge

  • Strong, autonomous regulatory authority to enforce rules of

good conduct

  • All operators must establish an accounting and management

control system attesting that charges and interconnection revenue have been determined in the best interest of everyone.

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Thank You