GOVERNMENT OF CHILE MINISTRY OF TRANSPORT AND TELECOMMUNICATIONS UNDER-SECRETARIAT OF TELECOMMUNICATIONS Convergence: A new opportunity for competition Paramaribo, May 2004 by Roberto Baltra Torres Head of Economic Regulation Agenda • Introduction • Competition or monopoly? • The Chilean experience • General outlines of sectoral policy • Competition for the future? • Conclusions Introduction • Case of VoIP services and solutions, or how convergence came out of the blue: § § • Internet telephony is here to stay; Case of Vonage and Minnesota court. Today’s obligation: to rethink regulatory and competition policy. Competition or monopoly? • • • • The ultimate objective is to maximize consumer satisfaction and maximize country efficiency. Competition is a tool, not an end in itself. The “success” of competition policies depends on the scope of economies of scale: • Local telephony: since 1982, with minimal impact; • Long-distance telephony: since 1994, with major impact; • Mobile telephony: since 1998, with major impact. Although a regulated monopoly maximizes efficiency, a policy which subsidizes competition makes services more expensive for people with low incomes. The Chilean experience: Local telephony • Bases: • • • • No restrictions on entry since 1982 Policy of subsidizing competition via higher access charges for entrants Large economies of scale in access network Outputs: • • • • Competition in cream-skimming Dominant player market share remains high (100% to 80% in 20 years) Network inefficiency (superimposed access media and underused pre-installed media) Low incentive for further penetration Fixed telephony Lines in service and penetration (1990-2002) 4 000 000 26.0 3 500 000 Líneas en service Servicio Lines in Penetration Penetración 3 000 000 20.6 22.4 22.1 21.0 18.3 15.6 16.0 13.2 2 500 000 9.4 2 000 000 1 500 000 20.4 21.6 6.5 11.0 11.6 11.0 7.9 6.0 1 000 000 1.0 500 000 - -4.0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Fixed telephony Competition model Monopoly Skimming Competition in high-income sectors Skimming increases cost of service for low-income sectors The Chilean experience: Mobile telephony • Bases: • • • • • No entry restrictions Symmetrical regulation of access charges Four PCS operators with national licences since 1998 Division into subsidiaries for related companies Outputs: • • • • Intense cross-competition Dynamic market shares (high churn rate) and trend towards homogenization Efficient use of networks High incentive for further penetration Mobile telephony 7 000 000 47.0 41.1 Mobile subscribers and penetration (1990-2002) 6 000 000 Mobile telephony Penetration 34.0 42.0 37.0 5 000 000 32.0 27.0 22.2 4 000 000 22.0 3 000 000 2 000 000 1 000 000 15.0 com pe titio n 17.0 12.0 6.5 0.1 0.3 0.5 0.6 0.8 1.4 2.2 7.0 2.8 2.0. - -3.0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 During 2004, 1 in 2 Chileans will have a mobile phone 1998: “caller pays” and 4 national licences Mobile telephony Operator 4 Operator 3 Operator 2 Operator 1 Chile Competition model Competition in all socio-economic sectors and throughout the country The Chilean experience: Long distance • Bases: • • • • • • No entry restrictions Dial-up multicarrier system since 1994 At least three fibre-optic national networks National transport resale model Division into subsidiaries for related companies Outputs: • • • • • • More than 15 simultaneous operators (12 without networks) Intense cross-competition Former monopoly’s market share cut from 100% to 35% in one day Prices fell to less than half Efficient network use High incentive for growth in long-distance service use Long-distance national Trends in long-distance national traffic (1990-2002) 3 000 2 469 Millions of actual minutes 2 500 2 282 2 244 2 345 2 415 2000 2001 2 194 1 875 2 000 Co mp etit ion 1 500 1 533 1 032 1 000 500 732 474 496 1990 1991 816 1992 1993 1994 1995 1996 1997 1998 1999 From 1998 onwards, strong impact of mobile and Internet substitution 2002 Long-distance international Trends in long-distance international traffic (1990-2002) 300 274 255 250 Millions of actual minutes 199 215 210 1998 1999 224 200 144 Co mp etit ion 150 114 100 50 39 47 53 60 64 1992 1993 1994 1990 1991 1995 1996 1997 2000 2001 2002 The Chilean experience: Conclusions • It is preferable to segment the market according to levels of economies of scale: • Local access networks • Mobile telephony • Long-distance telephony • Competition in local telephony networks is not efficient with conventional technology • Competition in mobile and long-distance telephony is highly efficient and beneficial to consumers Sectoral policy: General outlines 1. The market as the best allocator of resources: Intervene through tariff-setting only in markets where competition is insufficient to guarantee adequate functioning • Simulate a competitive regime: Recreate the operating conditions of competitive markets through tariff regulation, thus avoiding the use of market forces, predatory behaviour or any other kind of distortions. • Maximize efficiency: Promote, through tariff regulation, the establishment of conditions of efficiency which would derive from a competitive market. In conjunction with this, and without introducing subsidies of any kind, ensure that conditions are promoted which favour greater competition in the telecommunication market. Sectoral policy: General outlines 2. Minimalist approach to regulation: “the essential minimum” • Ensure that regulation favours resolution of current problems arising from the absence of competition, avoiding the introduction of distortions of any other kind and eliminating subsidies between services. 3. Consumer protection • Ensure adequate protection for consumers by setting nondiscriminatory maximum tariffs based on the essential costs of service provision, so as to avoid monopolistic revenues. • Minimize asymmetries and distortions which produce inequities within the same locality. • Ensure that every consumer can choose between various offers and tariff plans from different companies in line both with their consumer profile and with the preferred price-quality combination. Sectoral policy: General outlines 4. Symmetry in regulatory treatment • Ensure that tariff levels and structures are consistent with harmonious development of the industry, and that they promote investment and increased quality of service, meet consumer needs and promote technological innovation in the short, medium and long term. 5. Promote the incorporation of more efficient technologies • Ensure conditions that enable the provision of competitive services and their corresponding infrastructure and, in the long term, that there is movement towards the convergence of media and services, especially as regards increasing the availability of media so that Chileans can access the Internet. Sectoral policy: General outlines 6. Symmetry in regulatory treatment • Ensure that equivalent services receive similar regulatory treatment so as to avoid implicit subsidies or distortions of any kind. It will thus be necessary to move towards a regime without tariff imbalances between licensees in the same segment with respect to interconnection, when offering the same service in the same geographical area. 7. Maximum transparency • Ensure maximum transparency in the development of regulatory processes. Competition models for the future ? • Phase 1: Traditional competition model § Network/service competition § Network/service silos § 1 device per service • Phase 2: Physical competition model § Unbundling of networks § 1 device per service (type of communication) § Multiple protocols • Phase 3: Logical competition model § Service competition § Convergence § 1 device per service (type of communication) § 1 protocol (IP) • Phase 4: Virtual operators/resale model § “Second floor” competition § Integration of services § 1 service (communications) with multiple devices Phase 1: Traditional competition model NETWORKS OPERATOR/ACCESS 2 OPERATOR/ACCESS 1 SERVICE Physical integration of network and services Phase 2: Physical competition model Shared use of media ACCESS 2 ACCESS 1 NETWORKS OPERATOR D OPERATOR C OPERATOR B OPERATOR A SERVICE Phase 2: Physical competition model Unbundling of networks: • Unbundling obligatory for all local operators • Tariff regulation of unbundling service • Unbundling regulations lay down standards for service quality and response time (in preparation) Phase 3: Logical competition model OPERATOR F OPERATOR E OPERATOR D OPERATOR C OPERATOR B OPERATOR A SERVICE INTERNET/IP ACCESS 2 ACCESS 1 NETWORKS Physical and logical separation of networks and services Mixed-model transition Logical competition model: Broadband telephony • • • • Public telephone service (neither local nor mobile) • Makes use of broadband or dedicated Internet connectivity Non-geographical (transnational) by definition • Numbering can be managed remotely (preferable to establish single national numbering) • Virtual primary zone for on-net communications • Communications between Internet telephony licensee and incumbent licensee requires gateway function Network use to be paid for (access charges and broadband connection) See vonage.com and magentavoiss.com Design model: Broadband telephony Local communication Local primary zone or mobile area Local communication Virtual primary zone Gateway function Communication models 1. Communication in virtual primary zone (BPTS-BPTS) BB GW IP Internet/IP BPTS licensee BPTS licensee BB Internet/IP IP GW 2. Communication between virtual primary zone and local primary zone or mobile area BB GW IP Internet/IP BPTS licensee GW GW: Gateway BB: Dedicated IP or Internet connection PTS: Public telephone service BPTS: Broadband public telephone service PTS licensee Local/Mobile Phase 4: Virtual competition model Virtual operator 1 INTERNET/IP INTERNET/IP NETWORKS S2 Integrated services competition Single multimedia communication service ACCESS 2 ACCESS 1 ACCESS 2 ACCESS 1 NETWORKS S1 OPERADOR D SERVICE 2 OPERATOR C OPERATOR B OPERATOR A OPERATOR D OPERATOR C OPERATOR B OPERATOR A SERVICE 1 Virtual operator 2 Virtual competition model • Virtual (no-network) telecommunication operating licence • No discrimination in offer of facilities • Obligation to provide resale services for operators – Volume-based discount – No administration or sales costs Conclusions • • • • • Convergence is here! Convergence obliges us to rethink regulatory and competition policy. New models need to be constructed to exploit the strength of competition and the efficiency of network use. Separating the network layer from the service layer is the best way to achieve efficient competition which benefits consumers. We regulators must be flexible enough to understand technological changes and incorporate them in our regulations. GOVERNMENT OF CHILE MINISTRY OF TRANSPORT AND TELECOMMUNICATIONS UNDER-SECRETARIAT OF TELECOMMUNICATIONS The good news: there is still work for the regulators! Paramaribo, May 2004 by Roberto Baltra Torres Head of Economic Regulation