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Challenges in achieving sustainable competition in an open Telecommunications market 8 th March 2012 Port Vila

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Page 1: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

Challenges in achieving sustainable competition in an

open Telecommunications market

8th March 2012

Port Vila

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Agenda

0830 - Registration and coffee

0900 - Chairman's Introduction - Moses Stevens

0915 – Disruptive performance of competition – Bruno

Viani

0930 - Private Sector Consumer - Shane Freeman,

CEO, ANZ Bank

0940 - Government as a consumer – Fred Samuel, CIO

0950 - Regulatory Experience – Alan Horne, Regulator

10.00 - Summary points –Simeon Athy, DG PM

1010 - Debate

1100 - Close and Coffee

Page 3: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

Speakers

Bruno Viani – Economist from Washington, specializing in Telco

sector regulation and competition over past 14 years

Shane Freeman –10 years with ANZ Bank Melbourne, Singapore

India, Sydney and now CEO of ANZ Vanuatu prior to Banking

Shane was in mining and oil and gas industries in the US and

Australia

Fred Samuel – Was in TVL 12 years, an engineer by training, now

Heading the Governments Office of the Chief Information Officer

reporting into the PM Manages the Broadband network.

Alan Horne – 40 years in Telco sector, worked in more than 30

countries in developing competitive environment for telcos,

government and regulators. Was President of Arab League of

Regulators, won awards for Regulator in Bahrain.

Simeon Athy – 4 DG PMO, 12 years Reserve Bank, 5 MoF

economist

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Introduction - Objectives

1. To discuss and understand requirements of

GOV to ensure that we continue to enjoy the

fruits of a competitive market in

telecommunications and ICT services

2. To obtain feedback from stakeholders on the

experience of competition

3. Happy International Ladies Day

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4 Priority Action Agenda

The Priorities and Action Agenda (PAA), 2006 – 2015 sets out a number of Policies and Goals concerning Telecommunications

Section 9.2 of the PAA states “the improvement of telecommunications services will be largely the responsibility of the private sector with government involvement being in setting up the regulatory environment.

The PAA sets out goal to: reduce the cost of services, particularly of electricity and

communications including internet;

improve the regulatory framework to more effectively enforce contract conditions, and encourage additional competition in where possible;

promote the use of renewable energy, especially where these can be used effectively in remote locations;

extend communications services to remote areas by using innovative technology options;

Page 6: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

The Path to liberalisation &

competition Settlement Agreement with TVL 2008 – GOV gave up its

33.3% shares to FT & C&W for nothing

Licence Issued to Digicel in 2008 with obligation to cover

85% of population and contribute to a Universal Access

Policy Fund

Telecommunications & Radiocommunications Act No 30

2009

S 1 (a) Facilitate the development of the

telecommunications sector in order to promote national

social and economic development

Establishment of Regulator

Results…..

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Mobile customers & Price

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Telecoms Market Revenue

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Employment

More than 140 countries have gone down the path of

liberalisation

More than 500 ni vanuatu people are employed in the

sector – direct and indirect

ICT seen as a key Enabler to the economy

Investment in ICT critical

Page 10: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

Telecoms Market

TVL Digicel

Customers

Can’l TelSat

CNS eTech

Hotspotzz

Interchange

Micoms Wavecom

Yumi Konek

Cafes Hotels

WiFi Mobile Fixed ADSL

WiMax

Real Choice

Falling Prices

Increased coverage

Increased economic activity

> 85% of population access to mobile

SPIM

Insight

Gov V & D N/W

Page 11: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

TELECOMMUNICATIONS: THE DISRUPTIVE FORCES OF COMPETITION

Bruno Viani, Ph.D. Nathan Associates, Inc.

Page 12: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

Part I: Key elements to foster growth in telecommunications services

Bruno Viani, Ph.D. Nathan Associates, Inc.

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13

Institutional foundations

Regulatory

Framework

Corporate

Governance in

Telecom Firms

Legal

Framework

Competition—

Rival Firms

Threat of

Competition

Ownership of

Telecom Firms

Incentive System

in

Telecom Service

Providers

Improved Access

to Telecom

Services

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Foster competition

• Open entry and flexible licensing system

• Network interconnection

• Minimum interference in the decisions of service providers

• Market allocation of frequency licenses

• Flexible frequency licenses and spectrum allocation

Secure stability of rules, property rights and

contractual performance

• Secure equal access conditions for network interconnection

• Secure property rights and contract performance

• Open and transparent regulatory proceedings

• Secure stability of rules and non discriminatory treatment (rule of law)

Prevent fraud and anticompetitive behavior

by firms

• Prevent fraudulent activity that harm customers, other firms, or the government

• Prevent anticompetitive behavior

14

1.Legal and regulatory framework

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Change on market power as the number of firms increase: Cournot model of competition

No. of Firms Degree of market power (mark-up)

Ratio market price to competitive price

2 0.50 2.00

3 0.33 1.49

4 0.25 1.33

5 0.20 1.25

10 0.10 1.11

100 0.01 1.01

15

a) Competition lower prices

Assumes price elasticity of demand = -1

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16

Competition lower prices

0

5

10

15

20

25

30

2004 2005 2006 2007 2008 2009

Ave

rage

Pri

ce (

K.

Shill

ings

pe

r m

inu

te)

Kenya mobile service price

2 new firms entered

Karen Ellis and Rohit Singh. Assessing the Economic Impact of Competition. July 2010, Overseas Development

Institute.

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17

Interference with firms (mandating

separation) harms users

18.60% 18.60%

0%

2%

4%

6%

8%

10%

12%

14%

16%

18%

20%

Average decline intl outgoing minutes/pop average decline fixed lines/pop

Countries mandating vertical separation

Source: Bruno Viani, Presentation to the National Telecommunications

Regulatory Authority of Egypt. Cairo Nov. 11, 2007.

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18

b) Secure property rights and

contracts

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

$70,000

$80,000

$90,000

$100,000

0 10 20 30 40 50 60 70 80 90 100

GD

P p

er

cap

ita

USD

PP

P

Less protected Property Rights Protection more protected

Vanuatu

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Investor’s mind: If NPV > 0, then invest!

NPV = Present Revenue – Present Cost

19

Predictable rules increase investment

Case 1: Certainty Case 2: 50% chance gov. will expropriate

Investment. -1,000 -1,000

Revenue 2,000 2,000

Cost -500 -500

NPV -1,000+2,000-500=$500 N.A.

Expected NPV

Same as NPV = $500 -1,000+0.5*2,000-500= -$500

Invest? Yes! No!

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Free exchange (trade) benefit both sides. After

exchange; Mary is better off and John is also

better off.

If fraud is present; one side is worse off. No

gains from voluntary exchange!

20

c) Fraud reduces welfare of society

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Imagine firms collude (cartel) instead of

compete. Prices ( )

21

Anticompetitive behavior also

harms society

Demand

Marginal Cost = Average

Cost

Price

Pm

P*

Qm Q* Quantity demanded

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22

2. Competition increases use of

services

42.60%

49.40%

38%

40%

42%

44%

46%

48%

50%

Average decline intl outgoing minutes/pop average decline fixed lines/pop

Countries with monopoly

Source: Bruno Viani, Presentation to the National Telecommunications

Regulatory Authority of Egypt. Cairo Nov. 11, 2007.

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23

Threat of competition reduce prices of fixed

service - Peru

Bruno Viani. 2011. Consequences of Vertical Separation and Monopoly. Evidence from the Telecom

Privatizations. Journal of Media Economics. Vol 24.

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24

3. Private ownership increases labor

productivity in telecommunications

0

50

100

150

200

250

300

350

400

450

t t+1 t+2 t+3 t+4 t+5

t = year of privatization

Ind

ex F

ixed

lin

es p

er

em

plo

yee

SPT (Czech Rep) MATAV (Hungary) TELEFONICA (Peru)

Source: Bruno Viani, Presentation to the National Telecommunications Regulatory Authority of

Egypt. Cairo Nov. 11, 2007.

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25

As government participation in the

economy expands growth declines

Source: Heritage Foundation. 2012 Index of Economic Freedom

-10.0

-5.0

0.0

5.0

10.0

15.0

20.0

0 10 20 30 40 50 60 70 80 90 100

GD

P g

row

th r

ate

(%

)

Government Expenditure (% GDP)

Vanuatu

Page 26: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

Part II: The disruptive forces of competition

Bruno Viani, Ph.D. Nathan Associates, Inc.

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Competition creates new products and forms of

organizations which replace old ones

Firms that dominated entire industries may soon

lose their dominant position

Old forms of production are replaced by newer

ones

27

Creative destruction

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28

The fall of Eastman Kodak

0

20

40

60

80

100

120

1/2

/19

85

1/2

/19

86

1/2

/19

87

1/2

/19

88

1/2

/19

89

1/2

/19

90

1/2

/19

91

1/2

/19

92

1/2

/19

93

1/2

/19

94

1/2

/19

95

1/2

/19

96

1/2

/19

97

1/2

/19

98

1/2

/19

99

1/2

/20

00

1/2

/20

01

1/2

/20

02

1/2

/20

03

1/2

/20

04

1/2

/20

05

1/2

/20

06

1/2

/20

07

1/2

/20

08

1/2

/20

09

1/2

/20

10

1/2

/20

11

1/2

/20

12

Sto

ck p

rice

(U

SD)

Eastman Kodak Stock Price

Jan. 2012 filed for bankrupcy

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29

And the rise of Apple

0

100

200

300

400

500

600

Sto

ck P

rice

(U

SD)

Apple Inc. Stock Price

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This process of creative destruction transform

societies in a profound way

People will oppose change but ultimately

change will come about

30

Creative destruction

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31

Creative destruction: The old

telephone switch board

Bell Systems switch board

Page 32: Challenges in achieving sustainable competition in …In 1970 in the US 421,000 workers as switch board operators They handled 9.8 billon long-distance calls Today there are more than

In 1970 in the US 421,000 workers as switch

board operators

They handled 9.8 billon long-distance calls

Today there are more than 100 billion long-

distance calls and only 78,000 operators

The destruction of nearly 350,000 manual jobs

did not leave society worse off

In fact more jobs were created of higher skill

level and higher wages in the newly created

competitive businesses

32

Creative destruction

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Most people that lost their jobs got new jobs

doing other things for which their skills were

demanded

Consumers were left better off as the cost of

long distance call today is only a tiny fraction of

what it was in 1970

Moreover, technological change increases labor

productivity and this in turn increases wages

33

Creative destruction

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34

Creative destruction

5.00

7.00

9.00

11.00

13.00

15.00

17.00

19.00

21.00

1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011

Hourly Earnings (US$) in the Manufacturing Industry

Source: US Bureau of Labor Statistics. www.bls.gov

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Interest groups will try to use government to

oppose these changes. They will retard it but not

stop it

This is impossible to stop because of the laws

and supply and demand

Best thing for long run prosperity is to embrace

competition under a system of rule of law

35

Creative destruction

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36

More economic freedom leads to

overall increase in income

$100

$1,000

$10,000

$100,000

20 30 40 50 60 70 80 90 100

GD

P p

er

cap

ita

USD

PP

P

Less free Economic Freedom Index more free

Vanuatu

Source: Heritage Foundation. 2012 Index of Economic Freedom

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37

Increases in economic freedom

accelerates growth

1.5

3.2

5.0

6.2

0.0

1.0

2.0

3.0

4.0

5.0

6.0

7.0

[-5.5 to -2.75) [-2.75 to 0) [0 to 2.75) [2.75 to 5.5]

Ch

ange

of

GD

P g

row

th (

%)

Change on Economic Freedom Index

Source: Heritage Foundation. 2012 Index of Economic Freedom

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Private Sector Viewpoint

Shane Freeman, CEO of ANZ Bank, Vanuatu set

out the benefits of competition to the Bank

including:

Better value for money

Faster response times and more reliable services

Improved customer service from the telcos with

proactive ideas as to how the Bank can better use

telecommunications services to improve it’s own

effectiveness

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Government as a customer

Fred Samuel, Government CIO set out the

benefits of competition to the Government as the

most significant customer of the competitive

telco suppliers

He explained why the Gov Broadband Network

had been established, a decision if made today

might have been different as competition has

resulted in lower costs and increased reliability

and greater coverage.

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Regulator’s Viewpoint The broad objectives of the Regulator are to:

(a) act in the capacity of Regulator as defined in the Acts Support Minister on Policy

Protect Consumer

Encourage sustainable and fair competition

Issue Licences, numbers, codes, Domain names

Manage Radio Spectrum

(b) facilitate the development of legal, Regulatory, and technical expertise to support the establishment of fully-functional oversight institutions for telecommunications; and

(c) support sector policymaking capacity, by strengthening the technical expertise of the PMO, and other relevant agencies, including the Department of Economic and Sector Planning and State Law Office, and provide exposure to international best practices;

(d) manage an industry and donor financed program to provide sustainable telecoms/ICT access in rural and remote areas and outer islands, that will enhance the economic development of Vanuatu.

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A communications environment that enriches the

social, cultural, customs and commercial fabric

of Vanuatu

Vision

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Regulator’s Viewpoint (1)

1. Clear Government Polices which set high level goals

for the sector;

2. Well written Law(s) which are technology neutral;

3. Clear separation of Policy, Regulation and Operation to

avoid conflicts of interest;

4. Government support of compliance of the Laws and

Institutions;

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Regulator’s Viewpoint (2)

4. Operators who are prepared to work within their

Licence conditions, Laws and follow protocol competing

fairly but enthusiastically;

5. An independent entity Regulating the sector with its

own income from the sector it is regulating with

competitive employment terms and remuneration;

6. Capable staff within the regulator who are

knowledgeable about the Big Picture, adaptable and

effective programme and project managers;

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Regulator’s Viewpoint (3)

7. A Regulator with effective processes and procedures to

manage the tendering for expert support. The type of

support changes as the market develops.

8. An incumbent who is allowed to operate in a free

market and not constrained by historic practice;

9. Financial incentives to encourage private sector

investment which are stable and do not change without

consultation and within investment planning cycles;

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Regulator’s Viewpoint (4)

10. Mechanisms to finance un-served or underserved

communities and geographic areas;

11. A clear set of Regulatory Guidelines covering the key

areas of Competition, Consumer Protection, Spectrum

Management, Licensing, QoS, Internet, Content,

Interconnection, and Infrastructure sharing;

12. An appeal process enabling Licensee to resolve any

disputes with each other and/or with Regulatory

Decisions

13. An educated Consumer understanding the choice and

taking steps to ensure they understand the T&Cs and in

case of issues escalating to Operator followed by

Regulator;

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Summary Points (1)

International experience demonstrated that competition

is good for everyone and benefits Vanuatu

The Government of Vanuatu took the step to break the

monopoly and open the market for competition –

Learning from international experience

We created the Act and the institution of the

Telecommunications Regulator

Licenses were issued to Operators giving rights and

obligations

Government stepped out of operation concerning public

telecommunications services

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Summary Points (2)

Our Priority Action Agenda envisages that rural as well

as urban areas are fully connected and that we deliver

effective Government services

Government has succeeded in creating a competitive

market benefiting the consumer

We fully recognize the dangers to competition from the

conflicts of interest which arise if Government gets

involved in Licensed Operators

Government has to remain neutral and allow the market

to work

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Summary Points (3)

The Regulator, as the government’s instrument,

to ensure that consumers’ are protected and that

competition works fairly

If any operator does not like a Decision of the

Regulator then we have built into the Act and the

Licences the safeguards of internal, external and

Judicial reviews

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Summary Points (4)

Operators must work to internationally accepted

standards and adhere to their Licences and the Laws of

Vanuatu, setting the lead in Good Governance

Government does and will set Policy Direction

Government is a major consumer of telecommunications

and benefactor of competitive supply of services and can

assist in pulling through new services

Only through collaborative working between

Government, Regulator and private sector will we

ensure fair and sustainable competition is maintained

and that we achieve our Vision of “ICT for all”

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Debate

1. Are you clear of the importance of competition

to you?

2. How satisfied are you with the working of

competition in the telecommunications sector?

3. What improvements would you like to see?

4. Is the importance of the Regulator understood?

5. Any other questions?

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Conclusions - Chairman Good presentations and debate

Good move of Government to liberalize market

Recognize benefits of competition

Thanks to operators for investments and achievements

Recognize benefit of Regulator

Need to finalise National ICT Services Policy

Need to finalise Universal Access Policy

Need to speedily get the submarine cable

Still major education task to do on ICT - Need to work togther on education of our

community on use and benefits of ICT

Only together – all stakeholders to work together to sustain competition and achieve

ICT for all

I wish the PM and his staff well in leading the ICT sector, I wish the Regulator and his

staff the best in taking balanced decision

I wish the PM a fast recovery

Thank you all for your participation

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Vanuatu Interim Telecommunications Regulator PO Box 3547 Port Vila Ph +678 27621 [email protected]