Regulatory Risk, Cost of Capital and Investment Decisions in the Telecommunications Industry: International Comparisons Anastassios Gentzoglanis University of Sherbrooke Department of Finance and CEREF Centre for the Study of Regulatory Economics and Finance Faculty of Business Administration Sherbrooke, Quebec, Canada, J1K-2R1 Phone: +(819) 821-8000 X2958 e-mail : agentzoglanis@adm.USherbrooke.ca ______________________ Author Keywords: Telecommunications regulation, Capital cost determination; Capital structure; Regulatory governance JEL classification codes: G31; G38; K20; K23; L51; L96 Summary The relationship between changes in regulatory policies and investment in infrastructure has been studied extensively in the past few years in both the US and Europe (OECD, 2002, Chang et al., 2003). Apparently, regulatory changes with respect to access pricing regimes are quite important and statistically significant in explaining the increase pace of investment in the deployment of new broadband technologies in Europe and the US by incumbent local exchange carriers (ILECs). It is thus suggested that competition in the telecommunications industry has worked by facilitating new entry through decreasing interconnection prices. Although the relationship between changes in regulatory regimes and investment in digital technologies is not denied, t is argued in this paper that such a relationship fails to account for performance differences in both continents among firms in the telecommunications industry. Indeed, European and American firms have increased investment in infrastructure after major regulatory changes had occurred in these regions. There is, nevertheless, a difference in relative performance of the firms operating on each side of the Atlantic. The purpose of this paper is to examine the difference in relative performance in terms of investment in infrastructure of telecommunication firms operating under alternative regulatory regimes which do not treat capital costs alike. It is argued that national institutional regulatory frameworks influence the telecommunication firms' capital structure and the incentives for investment. The increased volatility of the telecommunications industry that has resulted from major changes in regulatory regimes has increased firms' business risk and with it the market risk premium required by investors. Moreover, regulatory risk has become an important component of total risk faced by the telecommunication firms and both risks should be taken into account by Regulatory Risk, Cost of Capital and Investment Decisions in the Telcos A. Gentzoglanis 2 the regulators when they regulate the industry either by price caps, revenue caps or some other hybrid regime. The determination of the cost of capital is an important part of any regulatory decision. The application of a WACC to a regulated asset base is done with the purpose to determine an explicit return on assets employed by the telecommunications firms. In most cases the CAPM is used to determine the cost of equity capital but other methodologies exist such as the DCF and the risk premium analysis. Apparently, the regulatory practice is quite different across continents and countries. By and large, regulatory decisions are taken by using alternative financial models to calculate the market risk premium to be included in the cost of capital of ILECs. European regulators and their American counterparts do not necessarily use the same model to determine the cost of capital. Such differences in approach may influence positively or negatively the risk as perceived by investors and provide positive or negative incentives for investment and deployment of broadband technologies. Regulatory regimes that "penalize" the incumbents by setting the WACC too low may see a reduction or a delay of investment in infrastructure and the deployment of digital technologies. Both investors and telecommunications firms are seriously concerned by the approach adopted by regulators and the model they use to make an asset valuation that necessarily impacts on investment. Previous models have shown that the change in regulation, particularly the access pricing rules, is an important factor to explain the increase in investment by ILECs. It argued in this paper that the capital structure of ILECs depends on the regulatory governance and the financial models used by regulators to determine the market risk premiums. Factors such as the use of CAPM or another valuation model to determine a company's WACC seem to be the main reasons for the difference in investment performance of ILECs. This paper deals with the relationship between regulatory governance, particularly the regulatory practice, to determine the ILECs' cost of capital and capital structure and its impact on investment decisions in digital technologies. It examines the theoretical and empirical literature dealing with this issue and identifies the necessary conditions for a successful governance strategy which may increase the capital structure efficiency of ILECs and their investment performance. Section II provides an overview of some stylized facts about the new body of literature that has been developed lately that tries to explain cross-national variation in firm characteristics and product market strategies as a result of differences in national institutional frameworks (Hollingsworth, 1997, Soskice, 1999) and sets the theoretical framework for the analysis. Section III analyzes the empirical evidence of the effects of regulatory governance on ILECs capital structure and investment and draws some conclusions. Section IV discusses the role of alternative explanatory variables within the regulatory practice that might also be expected to have some impact on relative investment performance. Lastly, Section V concludes and offers some policy recommendations. Regulatory Risk, Cost of Capital and Investment Decisions in the Telcos A. Gentzoglanis