EUROPEAN COMMISSION Scope, funding mechanisms and challenges of universal service and access Alison Birkett European Commission ITU Regional Regulatory Seminar: Dalian, China, 5-8 August 2002 1 Contents I The EU approach to universal service - The new EU regulatory framework - Where are we today on US, and why change? - What’s in the US Directive? II How will accession candidates (new EU Member States) deal with US? III Universal service in emerging economies and developing countries - Universal service or access? - Policy options - Issues 2 The Challenge of Convergence Audiovisual Telecoms Multimedia 3 IT Today - separate networks, separate rules Service Network Terminal 4 Voice telephony Fixed Mobile Telephone/ Handset Data Broadcasting Fixed Cable Satellite Terrestrial PC Television Convergence is a reality Service Network Terminal 5 Voice telephony Fixed Wireless Mobile Telephone/ Handset Data Fixed Cable Satellite PC Broadcasting Cable Satellite Telecoms Terrestrial Television DEALING WITH CONVERGENCE 1. All content can be delivered over all networks; network-dependent rules are being overtaken by technology; markets are merging; so: - coherent regulation of communications infrastructures and associated services 2. Content and transport are different, so: - separate regulation for transport and for content, while recognising the links between them 3. Regulation should be kept to a minimum, so: - only impose regulation where competition not effective 6 and where competition law isn’t enough Electronic communications networks and services - Scope Content Services - outside scope of new framework (e.g. broadcast content, e-commerce services) Communications services (e.g. telephone, fax, e-mail) Communications networks (fixed, mobile, satellite, cable TV, powerline systems, networks used for radio and television broadcasting) and associated facilities (e.g. CAS) Regulatory approach of the package u Identify markets w product markets (eg call termination) w geographical markets (eg local, national, global) u See whether there are dominant operators on those markets (Significant Market Power) w minimal and linked to degree of competition w flexible BUT harmonised at a European level w technologically neutral u Regulate only where an operator has a dominant position in an identified market where competition is not effective The new package Authorisation Directive Framework Directive (Art. 95) Access & Interconnection Directive Universal Service and Users’ Rights Directive Data Protection Directive 9 Liberalisation Directive (Art. 86) Unbundled local loop Regulation Spectrum Decision (Art. 95) Contents I The EU approach to universal service - The new EU regulatory framework - Where are we today on US, and why change? - What’s in the US Directive? II How will accession candidates (new EU Member States) deal with US? III Universal service in emerging economies and developing countries - Universal service or access? - Policy options - Issues 10 PSTN/ISDN Penetration PSTN/ISDN penetration (2001) 221% 250% 200% 110% 64% 105% 59% 100% 70% 94% 66% 54% 44% 96% 107% 120% 73% 114% 96% 54% 95% 52% 108% 63% 108% 48% 61% 96% 109% 65% 75% 97% 50% 56% 100% 102% 150% 0% B Source: IDC 2001 11 DK D EL E F IRL I L NL % of population P A FIN S UK % of households EU Mobile Penetration 90% 80% 60% 50% 40% 30% NL A P Subscribers 12 Penetration FIN 43.4 L 6.7 I 4.0 IRL 7.6 F 6.6 2.6 E 11.9 33.7 EL 0.37 26.8 D 47.1 7.0 DK 55.1 B 20% S UK 10% 0% Penetration 70% 3.9 60 55 50 45 40 35 30 25 20 15 10 5 0 7.0 Millions of subscribers Mobile subscribers and penetration rate Total EU subscribers: 263 millions Internet Penetration Household penetration of internet access (October 2000-June 2001) 70% 60% 50% 40% 30% 20% 10% 0% B DK Sources: Eurobarometer 13 D EL E F IRL October 2000 I L June 2001 NL A P FIN EU average June 2001 S UK Need for change ? w Monitoring Reports w Consultancy studies u No need for substantial modifications, but need to simplify, clarify, and take into account convergence u Scope is broadly the same 14 Contents I The EU approach to universal service - The new EU regulatory framework - Where are we today on US, and why change? - What’s in the US Directive? II How will accession candidates (new EU Member States) deal with US? III Universal service in emerging economies and developing countries - Universal service or access? - Policy options - Issues 15 Scope of Universal Service: General uSet of services umust be available under some conditions: w affordability (type of users, and geographical locations) w quality uScope linked to financing mechanism Member States can go further with the general budget uPossible review 16 Scope of Universal Service: Different services uProvision of access at a fixed location w sufficient for functional Internet access w technologically neutral (wire or wireless) on connection at fixed location w no extension to mobile uDirectories and directory enquiry services uPublic pay telephones uSpecial measures for disabled users 17 Scope of Universal Service: Conditions uAffordability of tariffs w Low income or peripheral regions uFacilities permitting control of expenditure uQuality of services: Publication and performance targets 18 Means: Designation of USO providers uIf necessary, Member States may designate one or more USO providers w Use of efficient, objective, transparent, and nondiscriminatory mechanism w to ensure that USO is provided in a costeffective manner and may be used as a means of determining the net cost w Designation for all or part of the different services, all or part of the territory 19 Means: Determination of the cost of USO uWhen representing an unfair burden, NRA shall calculate the net cost of USO uEither calculation of the net cost w Avoidable cost - provision at non-commercial conditions - take into account intangible benefits uOr, cost revealed during designation process (eg: auctions) 20 Means: Financing the USO cost uThe net cost of USO can be financed in two ways uGeneral government budget and/or uSectoral Fund w Should respect principles of transparency, least possible market distortion, non-discrimination and proportionality w Contributors: providers of electronic communications networks and services uTransparency 21 Contents I The EU approach to universal service - The new EU regulatory framework - Where are we today on US, and why change? - What’s in the US Directive? II How will accession candidates (new EU Member States) deal with US? III Universal service in emerging economies and developing countries - Universal service or access? - Policy options - Issues 22 Applicability to EU candidate countries u Main lines per 100 population (1999, WIK) w 35.4 average in candidate countries w 54.9 average in EU15 uAvailability of universal service w Flexibility to permit use of lower data rates (eg to allow use of wireless technologies) uDesignation of undertakings to provide universal service w designation methods do not exclude auctions or tenders 23 Contents I The EU approach to universal service - The new EU regulatory framework - Where are we today on US, and why change? - What’s in the US Directive? II How will accession candidates (new EU Member States) deal with US? III Universal service in emerging economies and developing countries - Universal service or access? - Policy options - Issues 24 Emerging economies and Developing countries (1) uUniversal service or universal access? 25 Emerging economies and Developing countries (2) uPolicy options w Public access policies w Universal service funds w Competitive bidding systems w Low interest loans and microcredit w Use of service requirements 26 Emerging economies and Developing countries (3) uIssues w Sustainability w Pricing w Funding 27 Possible sources of revenues for Universal service/access funds (World Bank study) Source of Revenues Interconnect levies Operator revenue contribution Government budget Seed finance by development bank or agency 28 Definition/Description Characteristics/Examples Incumbent operator carries Interconnection surcharge may be a universal service or opaque and operator has no access obligation incentive to reduce costs. Example : US All operators charged a Levy generally varies between 1percentage of revenue 2%, eg Peru and Dominican Republic. In Guatemala, 70% of revenues from spectrum auctions go to the fund Funds for UA provided by Eg Chile treasury Funds for UA come from international organisations Eg WB recent project in Nicaragua includes a small portion of seed financing for the rural development fund. Similar schemes under discussion in Nepal and Nigeria. Examples (1) uChile w Universal service fund (national budget) w Eligible projects (areas to be served) selected w Public competitive bids invited w Non-exclusive 30 year licences awarded to winners w Licensees set retail prices of most services w 1994 to 2002: reduction from 15% to 1% of proportion of population living in places without access to voice telephony 29 Examples (2) uSouth Africa w Network rollout obligations in licence w Financed through cross-subsidy of incumbent during 5 year monopoly period w Universal service fund (financed by telecom licensees) w Establishment of telecentres w Human resources fund (financed by telecom licensees) 30 Examples (3) uChina? w Up to now: China Telecom cross-subsidies w Now: break-up of China Telecom w Soon: Universal service fund? w Contributions from market participants? 31 For more information ... On the European Commission: http://europa.eu.int/ On DG Information Society: http://europa.eu.int/information_society/topics/ telecoms/index_en.htm On the new legislation: http://europa.eu.int/information_society/topics/ telecoms/regulatory/new_rf/index_en.htm