December 16, 2012

In Europe, a Push for Higher Phone Fees
By KEVIN J. O’BRIEN
NY Times

http://www.nytimes.com/2012/12/17/technology/eu-plan-could-raise-phone-rates.html?partner=MYWAY&ei=5065&pagewanted=print


BERLIN — When the authorities have tinkered with European 
telecommunications rules, it has usually been to lower prices for 
consumers, whether through retail price controls on mobile roaming fees 
or mandatory cuts in regulated interconnection charges.

But this year, to encourage more investment in high-speed broadband 
networks, regulators are considering helping the biggest operators 
increase a main source of income: the rent they receive from rivals that 
lease their landline grids.

The architect of the plan, Neelie Kroes, the European Union’s digital 
agenda commissioner, has pitched the increases as part of a broader 
package to stimulate spending while preserving competition and consumer 
choice.

The plan, however, has alarmed operators that would have to pay the 
higher charges, like the British mobile operator Vodafone. Vittorio 
Colao, chief executive of Vodafone, said that the plan to increase the 
fees collected by former monopolies, including BT, Deutsche Telekom, 
France Télécom, KPN, Telecom Italia and Telefónica, could lead to a 
“re-monopolization” of the business.

Mr. Colao said he was worried that landline operators would use the 
additional revenue to lower their own prices and try to squeeze 
competitors like Vodafone.

“Increasing the incentive to invest is a good thing,” Mr. Colao said. 
But now Ms. Kroes must “demonstrate that these new criteria won’t 
contaminate the competitive arena in Europe,” he said.

Under the plan, the European Commission, the executive arm of the 
European Union, would begin regulating the fees that mobile operators 
routinely pay to lease the grids of landline operators.

In much of the world, running telecommunications lines to homes and 
businesses has traditionally been the domain of a local monopoly, or 
sometimes a duopoly in the case of telephones and cable television in 
the United States. Until 1998, countries in the European Union were 
allowed to maintain national monopolies for this “local loop” to the 
consumer.

With deregulation, however, the former monopolies were required to 
unbundle the cost of the local loop and offer it to competitors, thus 
allowing companies like Vodafone to enter the market.

Despite 14 years of deregulation, and the addition of more than 100 
mobile operators in Europe, the former monopolies still supply the 
majority of fixed-line services in their home countries. In Spain, 
Telefónica has more than 70 percent of this business.

Until now, these unbundling rates have been set by national regulators, 
and the average monthly cost per customer in the European Union stands 
at €8.62, or $11.35. The fee typically makes up a third or more of 
monthly landline phone bills in Europe and also influences wireless 
prices because it affects mobile operator costs. The fee ranges from 
€4.20 in Slovakia to €12.41 in Ireland.

Mrs. Kroes proposed to lower, not raise, unbundling fees in September 
2011, to make the old landline networks less profitable for big 
operators and to encourage them to invest in new networks. But the 
former monopolies protested, and after personal appeals from executives 
at big operators, in some cases accompanied by their investors, she 
reversed course.

Ms. Kroes is proposing that each country within the European Union be 
required to set its fee within the range of €8 to €10 per month, 
according to a copy of her proposal obtained by the International Herald 
Tribune. The new range would most likely require 10 E.U. countries where 
the fee is currently below this range to raise it, in some cases only 
slightly, and in others, sharply.

The increases would in all likelihood be passed on to consumers. The 
rise in fees could be greatest in Eastern Europe, where regulators have 
been most aggressive in setting low leasing rates to encourage 
competition. The level of leasing charges could double in Estonia, 
Latvia, Poland and Slovakia.

Mr. Colao, the Vodafone chief executive, said Ms. Kroes needed to 
tighten the legal safeguards in her plan to prevent big operators from 
exploiting access to landline networks.

The current safeguards in the proposal, a margin-squeeze test and a test 
that measures whether former monopolies are discriminating against 
rivals by offering less attractive leasing terms for using the local 
loop, are insufficient and need to be strengthened, he said.

“We need to be very vigilant to preserve competition in the market,” Mr. 
Colao said.

Those changes may already be in the works.

On Tuesday, Ms. Kroes plans to announce a set of stronger measures to 
bar discriminatory behavior by landline operators as part of a 
comprehensive package of proposed regulations intended to increase 
broadband investment.

The full European Commission is expected to vote on the proposal in 
February. The package would include legal mechanisms to reduce the cost 
of civil engineering associated with broadband network construction, as 
well as a new methodology that national regulators can use to calculate 
the cost of wholesale access for rival mobile operators.

Ms. Kroes will also present a draft recommendation on ensuring that 
network operators treat all content providers equally in the age of 
mobile computing, and new safeguards to make sure that universal service 
obligations are not neglected as alternative computer-based 
communications networks spread.

The priority is to create a stable environment for investing in 
broadband networks, which has been lagging amid the economic downturn. 
The slowdown is threatening the European Commission’s goal of building a 
high-speed broadband infrastructure by 2020.

Only 2 percent of the households in the European Union have access to 
broadband download speeds of 100 megabits per second or greater. In the 
United States, by comparison, at least 50 million homes, or nearly half, 
are connected to networks with speeds of at least 100 megabits per 
second. By 2020, the commission’s goal is for half of E.U. households to 
have access to this service. Meanwhile, only half of E.U. households 
have service at 30 megabits per second. By 2020, the commission wants 
all E.U. households to have this as an option.

“Fast connections cannot be a luxury for the urban few,” Ms. Kroes said 
in a statement. “I am ready to take on vested interests and ‘business as 
usual’ to make sure everyone gets connected. All in all, we are offering 
a balanced package.”

Smaller mobile operators, especially those in Eastern Europe that face 
potentially steep increases in leasing costs, are lobbying against the 
uniform pricing guidelines.

Miroslaw Godlewski, the chief executive of Netia, an operator based in 
Warsaw, said increases in unbundling costs would raise the cost of phone 
service in Poland beyond what many consumers could afford.

“This would be bad news for consumers and competition in Central and 
Eastern European countries with relatively low average monthly revenue 
per user and relative low salary levels,” Mr. Godlewski said.

But Hannes Wittig, an analyst in London at J.P. Morgan Cazenove, said 
Ms. Kroes’s plan would achieve its goal of increasing investment in new 
networks by giving the biggest operators roughly 6 percent more sales 
revenue and 11 percent more pretax income.

In a note to investors, Mr. Wittig said that Ms. Kroes’s decision to 
raise unbundling rates was a “paradigm change” in European regulation of 
the sector, which in recent years has been marked by ever tighter 
control of prices, even down to the retail level.

Mr. Wittig said that Deutsche Telecom, BT, Telefónica, Telecom Italia 
and TDC in Denmark would be most likely to invest more in fast networks 
with the extra revenue.

-- 
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George Antunes          Voice (713) 743-3923
Associate Professor     Fax   (713) 743-3927
Political Science       Mail: antunes at uh dot edu
University of Houston
Houston, TX 77204-3011

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