A new regulatory focus: Regulated Access for Business Markets. Elaine Chow Head of Regulatory Affairs APAC BT Global Services

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1 A new regulatory focus: Regulated Access for Business Markets Elaine Chow Head of Regulatory Affairs APAC BT Global Services

2 Setting the Scene A time of change: Global competition is intensifying: local markets and global reach Many APAC regulators developing NGN regulatory frameworks what regulated products and at what prices Considerations must be externally focussed - what will this mean for the country s national competitiveness. ICT investment, supported by process change and skills enhancement, is a key driver of productivity gains There is renewed regulatory focus to provide a framework for seeking to boost efficiency through wider use of ICT General acknowledgement at ERG and EU Commission s level of the critical role of business services in driving such productivity gains There is also an understanding that access for the provision of business services differs from access for residential users - opportune for APAC regulators to consider the same Reviews of regulatory frameworks for NGNs provides an opportunity to realign regulation to these new priority areas British Telecommunications plc 2

3 ICT Productivity and New Income Growth British Telecommunications plc 3

4 ICT is an enabling technology for business productivity ICT can Promote/enable significant benefits in excess of actual ICT investment Act as a catalyst for general business change to promote productivity Drive process change, skills enhancement, improved supply chains, etc. Transform business performance through effective exploitation of ICT But to maximise these benefits Regulatory framework must promote competition at the business service level, not just at residential level Needs to promote business service competition to deliver the best ICT products & services and support market driven changes British Telecommunications plc 4

5 Importance of competitive access systems Global ICT services are key enablers to business productivity Typically access elements approximately 40% of cost base for competitive providers Excessive access prices make required solutions uneconomic Lack of fit for purpose access products prevents offers which meet business customer needs Poor access products prevent businesses from rationalising their processes at enterprise scale critical for markets that are competing to provide hubs for economic activities Seamless access for Cloud computing and Virtual Data Centres

6 Type of access to meet business customer demand Note: A single bid may well require all forms of access Leased line/ppc Own Fibre Regional office Business sites included in typical network bid across Region/country/interna tionally Wireless access Customer ULL/Bitstream* Corporate HQ Mobile workers *ULL for business only practical in very dense business areas; Bitstream elsewhere. Remote workers Retail Outlet

7 The existing and the new regulatory frameworks There has been (and continues to be) a focus on: National rather than transnational trade/competition Roll-out of consumer broadband rather than business services Capital expenditure and assets rather than services Current regulatory practice is far from consistent and remedies are often absent, partial or subject to long running appeal processes This has resulted in: Lack of recognition of emergence of competition at applications / services layer of networks Focus on LLU which is a remedy primarily for the consumer broadband market Potential delay in or non-availability of key active remedies such as WLR, bitstream, PPCs or wholesale ethernet access in line with customer needs

8 ECTA s viewpoint on regulatory remedies for business markets Need for appropriate business-grade wholesale offers from incumbents especially but not only in markets 5 and 6, provided on an equivalent basis, in order to ensure effective competition for cross border customers which require access into networks which are largely national Establish common EU-wide parameters for business-grade products identifying the specific technical and service level characteristics that distinguish such products. Most crucial is availability of layer 2 Ethernet with strong SLA; MEF9 and MEF14 standards Remedies should follow boundaries of market definition Not artificially delineated by speed or technology Access should be available: At aggregation points which collect sufficient traffic to enable national coverage by business providers On non-discriminatory terms including technical characteristics and service levels appropriate for business With different specifications on reasonable request

9 The devil is always hidden in the detail Lack of true equivalence of access Migration from legacy to NGA access 1. Consultation 2. Wholesale product design 3. Interoperability issues incumbent vs alternative operators requirements 4. Switch off of legacy services and legacy services emulation 5. Timeframe for migrations 6. Stranded assets Access remedies Is the access regime future-proof?!? 1. Lack of true equality of input 2. Absence of ex-ante margin squeeze tests Quality of access 1. Speed limitations 2. KPIs 3. Non-price related squeeze/discrimination issues

10 The devil is always hidden in the detail regulation and investment incentives Wholesale access vs. investment Switch off of copper networks and pricing of wholesale copper products Acknowledgement of investment risk Role of wireless

11 Wholesale Access Must Include Active Remedies such as bitstream and leased lines Benefits for business. Business services infrastructure competition is likely to emerge only in very limited geographies one or possibly a handful of city centers where there is a sufficient density of business customers to warrant buildout. Without active remedies creating service competition, small and medium-sized businesses located outside a city center are unlikely to have options other than the incumbent operators (ie operators with SMP). Multi-sited businesses have the majority of their requirements outside city centers. E.g. mining and oil and gas companies likely have many sites in remote areas. Retail goods companies have primary site distribution in urban, suburban and exurban locations (e.g. factories). Without effective active remedies to create service competition, the bulk of inputs for business VPNs will remain monopolistic inputs characterised by high prices and low service quality and innovation.

12 Access Must Include Active Remedies Benefits for consumers. In FTTN and FTTC deployments, it is unlikely that competitors will build out to street cabinets. To achieve competition in NGA services, need active remedies. NGA roll-out and wholesale remedies also key for competition in mobile Active remedies such as Bitstream services lead to more service competition, cheaper broadband and faster take-up of broadband. Increases network effects of broadband at a faster rate.

13 The competitive landscape fragmented availability of wholesale inputs in Western Europe Source: Cullen International

14 The dynamics of Regulation, Ubiquitous Connectivity and Economic Welfare Illustrative Targeted cross border Harmonisation of Regulation for Existing and New Network Architectures (NGN and NGA) Equivalence of Input Institutional Change Fit for Purpose Access Products Benefits of Ubiquitous Connectivity Use of Networks Global/Europewide Networked Businesses and Economy Network Independent Business Services and Applications Macro Benefits to European Internal Market Trade Productivity Innovation

15 BT s experience in APAC Concept of regulation of business markets in very early stages Regulated NBN offerings focus on consumer markets not business markets Does not meet required technical or quality requirements of business users The service level regime often does not distinguish between business grade and non-business grade services Business products need to be customised - prices higher than legacy Wider variation of approaches adopted across the region The importance of service based competition can be further prioritised in some countries

16 So what does this mean? View migration to NGNs as an opportunity to review gaps in existing frameworks Align regulatory principles with ICT agenda Introduce business-grade wholesale offers from incumbents provided on an equivalent basis Continue to place importance on legacy services and their price points as they will continue to remain important even though the industry is moving to the new NGN platform Make service based competition priority Strengthen accounting separation Consider functional separation for national NBN networks Work towards harmonised regulatory frameworks

17 Questions & Closing Remarks 17

18 bt.com/globalservices

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