http://www.latimes.com/business/la-fi-mexphone26jul26,1,415140.story?coll=la-headlines-business

Mexico Moves to Open Up Phone Market
New rules to let cable TV firms offer phone service would loosen the grip 
of giant Telmex.

By Marla Dickerson
LA Times Staff Writer

July 26, 2006



MEXICO CITY — Federal regulators have taken the boldest step yet to pry 
open Mexico's fixed-line telephone market to competition and loosen the 
grip of telecom giant Telmex, which has long enjoyed a near monopoly here.

An official with Mexico's Communications and Transportation Secretariat 
said Tuesday that the agency would craft regulations that would allow cable 
television companies to jump into the $12-billion market, perhaps as soon 
as December.

The move is seen as a victory for Mexican consumers as well as the nation's 
approximately 200 cable operators, some of which have spent millions of 
dollars upgrading their infrastructure for the chance to offer television, 
Internet and voice services in a package known in the industry as "triple 
play."

Up to now, Mexican law has required the cable operators to team up with 
existing telephone companies to offer voice services, a barrier that has 
shut most out of that business in a market where Telmex, or Telefonos de 
Mexico, controls 94% of the nation's fixed lines.

"We could see prices drop by 30% or more," said Alejandro Puente Cordoba, 
president of national cable television trade group Canitec.

The communications secretariat's announcement was much awaited by Telmex's 
competitors. The challenge to Telmex, which is controlled by billionaire 
Carlos Slim, the world's third-richest man, signifies a new willingness by 
regulators to take on the oligopolies that experts say have slowed Mexico's 
economic development.

Still, analysts warned that the proposed opening wouldn't quickly transform 
Mexico's telecom market, one of the world's least competitive and most 
expensive. Cable TV customers are the most likely to switch over their 
phone service. But they number only 3.4 million in a nation of 106 million 
people, nearly half of whom live in poverty.

And the proposed rules are strongly opposed by Telmex, which has a history 
of using Mexico's overburdened courts to tie up regulations it dislikes for 
years. A Telmex spokesman declined to say whether the company planned a 
lawsuit to fight the regulations. But industry watchers said they would be 
surprised if the company didn't.

"I think they'll take some legal action to slow it down," said Juan Ignacio 
Fernandez, an Oregon-based Latin America telecommunications analyst with 
Gartner Inc. "If the tools are available for them to delay opening a market 
or implementing market changes, they will use them."

A Telmex spokesman said the company supported the spirit of the 
government's so-called convergence agreement, which seeks to bring more 
players into the telecommunications market.

Under present law, Mexican telephone and cable companies can offer Internet 
access in addition to their core services. The plan, which is slated to go 
into effect Nov. 30, would give all firms the chance to offer their 
customers a third product — the triple play — by allowing telephone 
companies to move into television and cable operators to offer voice 
services directly to their customers.

What Telmex opposes is the government's stipulating that the phone giant 
meet some requirements before it is allowed to offer television service 
while permitting cable operators to jump in immediately.

The most contentious of those requirements is "portability," which would 
require Telmex to come up with a system enabling its telephone customers 
who defect to cable operators to take their phone numbers with them.

"Who should pay for this portability?" asked Javier Mondragon Alarcon, 
director of legal affairs for Telmex, in a telephone interview Tuesday.

Mondragon said cable firms would be allowed to cherry-pick Telmex's 
high-income customers in urban markets without being required to offer 
telephone services to low-income consumers or invest in rural areas, as it 
has been forced to do.

In a statement last week, the company accused the nation's Federal 
Competition Commission, which pushed for inclusion of the portability and 
other requirements for Telmex, of being "anti-consumer" and protecting 
"monopolistic" cable companies.

In an interview Monday, Eduardo Perez Motta, Mexico's top antitrust 
official, called Telmex's claims "absolutely false." He said issues such as 
number portability were essential to opening Mexico's telephone market to 
competition and ensuring that it functioned smoothly. Telmex must be forced 
to meet this and other requirements as a condition of moving into 
television because of the company's history of dragging its feet on 
agreements with regulators, he said.

"We can't trust them," he said.

Perez Motta is the latest high-profile Mexican official to criticize 
Telmex. This year, the nation's respected central banker, Guillermo Ortiz, 
accused the company of saddling Mexican consumers and businesses with some 
of the highest rates in the world, a factor he said was hurting the 
nation's international competitiveness.

Analysts said it remained to be seen how successful regulators were at 
reining in Telmex's power and bringing real competition to the market. But 
they said the convergence agreement appeared to be a small step in the 
right direction.

"The longer you have a virtual monopoly in Mexico, the longer you are going 
to have consumers that are negatively affected," said Colombia-based 
analyst Jose Otero, president of Signals Telecom Consulting in Miami.

*

Staff writer Carlos Martinez contributed to this report.

*

Begin text of infobox

Telmex at a glance

Employees: 78,891 as of September

2005 revenue: $15 billion

Number of phone lines: 18.6 million, up from 5 million when Telmex was 
privatized in 1990

Growth potential: There is one phone line for every seven users in Mexico.

Market share: Telmex controls 94% of land lines. Carlos Slim, who holds a 
controlling stake in Telmex, also controls America Movil, the leading 
wireless carrier.

Latin America ventures: Telmex has operations in Argentina, Brazil, Chile, 
Colombia and Peru.

*

Sources: Telmex, Times research

Los Angeles Times

================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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