POLITICAL FACTOR: REGULATION AND BUSINESS IMPLICATIONS

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1 POLITICAL FACTOR: REGULATION AND BUSINESS IMPLICATIONS Erik BOHLIN Department of Technology Management and Economics Chalmers University of Technology, Sweden Presentation at the TeliaSonera IT/IP Business Competence Development Programme, KTH, Stockholm, for KTH Executive Education, 15 June, 2011 Note: Presentation builds primarily on joint work with Orada Teppayayon, Chalmers Univ of Techn.

2 Main message Government can be used as a tool for generating new business opportunities There are ways in which government and industry can work together Many regulation may seem at first instance as an obstacle, but regulation also shape new opportunities The broadband example is one such area

3 Outline - A view of the EU ICT policy evolution - Sector vs. Strategic Agenda for broadband policy - Broadband policy in the EU: Reviewing selected examples - Conclusions

4 View of the EU ICT policy evolution

5 Policy Initiatives eeurope An Information Society for all (eeurope2002, eeurope2005) i2010 A European Information Society for growth and employment A Digital Agenda for Europe Non-regulatory Policy Regulatory Framework -ONP Framework - Service Dir Stated BB state aid Guideline to BB state aid - ONP Leased line ONP Voice Telephony -Licensing Dir - Interconnection Voice Telephony Gradual Liberalization and Harmonization LLU Regulation 2002 Regulatory Framework -Framework Dir. -Access Dir. - Authorization Dir. - Universal Service Dir. - Competition Dir Regulatory Reform, amending - Framework Dir. -Access Dir. - Authorization Dir. - Universal Service Dir. Foster competition NGA Recommendation Foster investment??

6 Assignment: What should we do? - 15 minutes discussion within your groups Points to discuss: - You are the government of country A - Country A has a low broadband penetration rate (below world average) because of lacking infrastructure in remote areas - Nowadays, there is only one operator in the country, company B. B gains a lot of profits each year from its monopoly position and does not want to invest in remote areas because of high cost of investment and low demand. - You, as the government, want to increase broadband take-up in your country. What kind of strategies that you could think about to increase broadband growth? What business opportunities can the government shape and how? How should the business respond?

7 Sector vs. Strategic Agenda

8 Drivers to new policy frameworks Traditional telecommunications structure Govt./Regula tor Provider(s) Users New dimension of telecommunications structure Global market Govt./Regula tor Providers Users Comprehensive strategy (strategic agenda) Regulatory framework (sector agenda) Firm strategy (market competition)

9 Towards a new framework for broadband policy New agendas Penetration and growth Sector agenda Adoption and usage Broadband policy Strategic agenda Global market/ Country competitiveness Legend Existing link Hypothetical link Sustainable development New areas

10 Many dimensions of broadband policy: Sector agenda Government Approach - Government investment - State-aid -Government support -loan, tax incentive Public private partnership PPP Market Approach - Market-driven policy - Competition in the market Sector and regional funds for broadband Broadband Policy -LLU/ Bitstream access - Functional separation - NGA -Market definition -Universal service obligations Spectrum management Telecommunications regulatory approach

11 Implementation of sector agenda Government Approach - Government investment - State-aid -Government support -loan, tax incentive Public private partnership PPP Market Approach - Market-driven policy - Competition in the market New agendas Sector and regional funds for broadband Broadband Policy -LLU/ Bitstream access - Functional separation - NGA -Market definition Sector agenda Penetration and growth Adoption and usage -Universal service obligations Spectrum management Telecommunications regulatory approach Broadband policy Strategic agenda Global market/ Country competitiveness Sustainable development New areas

12 Implementation of strategic agenda New agendas Penetration and growth Sector agenda Adoption and usage Broadband policy Strategic agenda Global market/ Country competitiveness Sustainable development New areas Government initiative Wide visions Long-term planning

13 Broadband policy in the EU: Selected examples in view of proposed framework

14 A Digital Agenda for Europe To deliver benefits from a Digital Single Market based on fast and ultra fast Internet Targets with BB access for all access for all up to speed 30 Mbps or above, and - 50% of HH subscribe to above 100 Mbps Sector Agenda under the new Digital Agenda New NGA Framework - LLU on fiber loop should be imposed to SMP operator, exception be justified where the presence of several alternative infrastructures Spectrum policy program - to mandate freeing of the 800 MHZ digital dividend band by 2013 for wireless broadband Investing in digitally driven growth -European Investment Bank (EIB), 2bn each year to broadband project - Promote direct investment in line with State aid rules - Better use of the EU s Structural and Rural Development Fund

15 A Digital Agenda for Europe : Strategic agenda (ICT for environment) ICT should lead the way by reporting its own environmental performance by adopting a common measurement framework as a basis for setting targets to reduce energy use and greenhouse gas emissions of all processes involved in production, distribution, use and disposal of ICT products and delivery of ICT services Action: to adopt common measurement methodologies for the sector s own energy performance and green house gas emission and propose legal measurement if appropriate

16 NGA Recommendation NGA recommendation is derived mainly from LLU regulation LLU is a tool to serve sector agenda objective, to encourage penetration and growth through competition mechanisms in telecommunication market which was monopolized in the past It is not yet clear whether or not fostering competition increase investment in telecommunication sector

17 NGA Recommendation (cont.) While the relationship between competition and investment is complex, a question arises whether the NGA recommendation can be used as a tool to serve strategic agenda of the EU, to increase competitiveness by encouraging significant investment from private sectors From the sector agenda - doubts of implementing NGA recommendation have been raised during two consultations. From the strategic agenda - the NGA recommendation alone may be not successful in terms of encouraging investment.

18 NGA policy: Goal Tool Strategic agenda (increase competitiveness) encourage private investment ultra-fast network i.e. fibre Sector agenda (penetration and growth) Maintain competition NGA Recommendation (Regulatory approach)

19 The evolution towards broadband USO Policy Paper Directive 1987 Green Paper: reserved services were offered on a universal basis 1990 ONP Directive: Harmonization and open network principle must be followed Service Directive: liberalized all services except voice telephony 1993 Green paper on dev. USO for telecom in a competitive environment 1994 Council Resolution on Universal Service Principle 1992 ONP Leased line Directive Declared Leased Line as ONP; a form of universal service was added 1996 Green Paper on Universal Service: USO an evolving concept 1999 Green Paper: issues of majority and social exclusion were raised to broadband 1995 ONP Voice telephony Directive: Declared fixed voice as ONP; common scope of USO was identified 1997 Amending 1990 ONP Directive: definition of universal service identified: minimum set of services regardless of location at affordable price 1998 Universal Service Directive: principles of USO elaborated: fixed PSTN connection for voice, fax, data; affordability defined, USO designated operator defined 2005: Public Consultation on USO 2002 Universal Service Directive: issues of majority and social exclusion added, and periodical reviews of USO mandated 2010: Public Consultation on USO 2009 EU Telecom Reform: amend USO Directive

20 Funding alternatives for B-USO suggested by Commissioner Kroes 1. Public finance system, not sector finance 2. Harmonised safety net approach, with funding from sectoral fund. Member states can organize more ambitious funding and scope on MS level 3. Cap on sector contribution, and public funds supplement sectoral contribution 4. Guidance instrument for USO Directive is issued where sectoral funding is allowed only in real dangers of social exclusion, and minimize subsidies otherwise

21 Conclusions

22 Main message Government can be used as a tool for generating new business opportunities There are ways in which government and industry can work together Many regulation may seem at first instance as an obstacle, but regulation also shape new opportunities The broadband example is one such area

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