Wholesale Line Rental: Reviewing and setting charge ceilings for WLR services



Similar documents
The Profitability of BT s Regulated Services

A review of wholesale leased line pricing in the Bailiwick of Guernsey

The UK experience of functional separation, equivalence and NGA. Andrea Coscelli, Director of Competition Economics 3 October 2013

Access network costing A REPORT PREPARED FOR VODAFONE GROUP. June Frontier Economics Ltd, London.

BT believes that Ofcom should not accept this dispute for reasons which are dealt with in detail below:

Regulatory Financial Reporting. Final Statement

Price reduction your customers now have the opportunity to order from /switch to another service provider for cheaper line rental.

Gibtelecom response to Public Consultation 01/07

The BCMR Consultation - Current Conditions and Changes in Pricing

Wholesale Leased Lines: Review of Price Controls. Initial Notice Proposed directions to JT (Jersey) Limited

Confident progress delivering transformation

How To Make A Network Connection Cheaper For A New Entrant

Per-provider and per-customer line costs and charges for Carrier Pre-selection

Designation of BT and Kingston as universal service providers, and the specific universal service conditions

Line Rental (WLR) A to Z Glossary

Regulating service providers

Next Generation Access Glossary. 21CN: BT s upgrade of their core network (the backbone of the network).

THE ELEMENTS OF COST FOR LEASED LINES

OPENREACH SET TO DELIVER CUSTOMER SERVICE TRANSFORMATION WITH AMDOCS CONSULTANCY

General Condition 24 on Sales and Marketing of Fixed-Line Telephony Services

BRITISH TELECOMMUNICATIONS PLC V OFCOM (ETHERNET DETERMINATIONS) [2014] CAT 14

every cloud has a golden lining How to make money from the convergence of voice and data with cloud (or hosted) telephony SIP trunks and mobile VoIP

1. What are your views on Ofcom s proposed priorities for 2007/2008?

Retail Operating Costs A REPORT PREPARED FOR THE ECONOMIC REGULATION AUTHORITY OF WESTERN AUSTRALIA. March 2012

Before: VIVIEN ROSE (Chairman) THE HON ANTONY LEWIS DR ARTHUR PRYOR CB. Sitting as a Tribunal in England and Wales CABLE & WIRELESS UK.

Rule change request. 18 September 2013

Guidance for CPs on the pilot scheme to charge for geographic numbers

Rate Regulation Mechanisms for Cable and MMDS Television Operators

The biggest deal in town: Ofcom and BT negotiate a new regulatory settlement for the UK telecommunications market

2015 VOLUNTARY CODE OF PRACTICE: BROADBAND SPEEDS

REVIEW OF GENERAL CONDITION 18 NUMBER PORTABILITY:

Use of leased lines amongst medium businesses. A report of the key findings of a research study conducted by Continental Research on behalf of Ofcom

TELSTRA CORPORATION LIMITED

Business Council of Australia

Voluntary Business Broadband Speeds Code of Practice

BUSINESS USE OF INTERNET OFTEL SMALL AND MEDIUM BUSINESS SURVEY Q4 FEBRUARY INTRODUCTION

Auckland Chamber of Commerce Submission to Electricity Commission on Transmission Pricing Methodology: issues and proposal Introduction

Committee on the Northern Territory s Energy Future. Electricity Pricing Options. Submission from Power and Water Corporation

Changes in regulated electricity prices from 1 July 2012

Electricity network services. Long-term trends in prices and costs

why fixed.plan? We only connect to Tier 1 partners, including Openreach, BT and Talk Talk Business, ensuring a robust and reliable service.

OUR QUARTERLY INFORMATION REQUIREMENTS: FIXED NETWORK OPERATORS & SERVICE PROVIDERS

UK Telecoms Strategic Review. Investment Implications

Revised Current Cost Financial Statements 2015 including Openreach Undertakings

The telecommunication services mentioned in this document is subject to availability and may be modified from time to time.

Karlskrona, 26 May 2003

Changes in regulated electricity prices from 1 July 2012

Quarterly Key Data Report

Quarterly Key Data Report

why fixed.plan? We only connect to Tier 1 partners, including Openreach, BT and Talk Talk Business, ensuring a robust and reliable service.

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

Defining Relevant Markets for Leased Lines: the Interface with Local Loop Unbundling

The relationship between BT profitability and charge controls

ISDN lines (digital lines) are available in ISDN2e & ISDN30e. Prices in the ISDN2e table are for 2 channels of basic rate ISDN2.

UK fixed-line broadband performance, November 2014 The performance of fixed-line broadband delivered to UK residential consumers

UK Broadband Mapping:

Entanet Voice Products customer pricing

BT One Voice (Indirect Voice) Service Schedule (Doc 4.1 July 2013)

A SHAREHOLDERS GUIDE TO LIQUIDATORS FEES - ENGLAND AND WALES

Business Connectivity Market Review: Leased lines charge controls and dark fibre pricing. Redacted version

17 Form and duration of the control

Response of the Association of Costs Lawyers to the consultation on the impact of the Jackson reforms on costs and case management

USAGE BASED BROADBAND PRODUCTS AND CHARGES

ADSL BROADBAND BASICS FOR THE DOMESTIC USER. The Main Limitations of ADSL Broadband are as follows.

Response of Channel 5 Broadcasting Ltd to Ofcom s Consultation on Securing Long Term Benefits from Scarce Spectrum Resources

DISCLOSURE OF ELECTRICITY PRICING METHODOLOGY PURSUANT TO REQUIREMENT 22 OF THE ELECTRICITY INFORMATION DISCLOSURE REQUIREMENTS 2004

Telephone Numbering Safeguarding the Future of Numbers

(1)VERIZON UK LIMITED (2) VODAFONE LIMITED V OFFICE OF COMMUNICATIONS Case 1210/3/3/13. A reference under section 193 of the Communications Act 2003

A Framework for Freephone Services in the 800 range

Imperial College, London 20 December 2012

Consultation: Electricity and Gas Retail Supply Price Controls 2017 (SPC 17) Date: 08/12/2015 Contact: Andy McClenaghan Our Reference: 2405 PD20010

Meeting the challenge of voice services

Printing Industries Association of Australia. Submission to the ACCC s Australia Post s 2010 Price Notification Issues Paper

A MEMBERS GUIDE TO LIQUIDATORS FEES ENGLAND AND WALES

A MEMBERS GUIDE TO LIQUIDATORS FEES ENGLAND AND WALES

The Ofcom internet and broadband update

ITSPA response to Ofcom s strategic review of consumer switching

Emergency Call Answering Service Call Handling Fee Review 2013/2014 Operator responses to ComReg Document No. 12/112

A CREDITORS GUIDE TO FEES CHARGED BY TRUSTEES IN BANKRUPTCY ENGLAND AND WALES

Gas transport tariffs calculation

Customer Engagement FY Introduction. 2. Customer Engagement. 3. Management Approach

Annex 1: Specific comments on Draft Model Reference Paper. Part A. Common guidelines

Small business lending

REGULATION OF THE GAS SUPPLY MARKET FREQUENTLY ASKED QUESTIONS

Fairer Contributions Policy

Pricing of Leased Lines and Ethernet Connections. Response to Consultation and Decision. August Date: 07/08/2013

SERVICE SCHEDULE & ADDITIONAL TERMS AND CONDITIONS FOR INDIRECT WHOLESALE VOICE SERVICES

Duncan Burt Head of Commercial Operation National Grid. The Office of Gas and Electricity Markets 9 Millbank London SW1P 3GE

Mapping broadband in the UK Q2 2012:

Comparison of fixed and mobile cost structures

Management Discussion and Analysis For The 9 Months Ended, June

Standard Product Description Product Price

A CREDITORS' GUIDE TO LIQUIDATORS' FEES ENGLAND AND WALES

Geographic market analysis: Ofcom s experiences

VIRGIN MEDIA S RESPONSE TO OFCOM S FIXED NARROWBAND MARKET REVIEW AND NETWORK CHARGE CONTOL CALL FOR INPUTS

Supervisory Board Activities Newsletter April-May 2010

LIME s Response to the St. Lucia NTRC s. Guidelines for Colocation & Infrastructure. Sharing (C/IS) - Published February 3, 2014

Rural Communities, BT s written evidence to Commons Select Committee October 2012

1 Executive Summary. In this response, UKCTA:

Review of the wholesale broadband access markets Consultation on market definition, market power determinations and remedies

Transcription:

Wholesale Line Rental: Reviewing and setting charge ceilings for WLR services Cable & Wireless response to Ofcom consultation 9 th December 2005 1

Introduction Cable & Wireless welcome the opportunity to respond to this consultation document regarding the proposed charge ceilings for WLR. In general we agree with the concept of setting charge ceilings and we would not dispute the actual levels proposed for both retail and business analogue WLR. However, there are a couple of issues where we have some concerns, namely ISDN2 WLR charges and the efficiency factor. WLR ISDN2 Charges In addition to the retail and business analogue WLR charge ceilings, Ofcom has also considered whether there is a need to set charge ceilings for business ISDN2 WLR. We note that BT is under an obligation to ensure that any charges for ISDN2 are cost oriented but that Ofcom has not set charges in the past. However, last year Ofcom did investigate BT s ISDN2 WLR charges; at the time the annual rental was 287.52. That investigation was closed after BT reduced the annual rental charge to 220 suggesting that Ofcom was happy at that time that the new charges were cost oriented. The 2004/5 Regulatory Accounts appear to confirm this; they show the cost was 111 per channel (giving 222 per line) that is just marginally above the new price. Subsequently Ofcom has undertaken two key projects that consider the cost of BT s access products, the review of the cost of BT s copper access costs and the review of their cost of capital. The combination of these projects has resulted in significant reductions in the cost, and hence the price, for other key wholesale access products. For example they have resulted in a reduction of nearly 10 pa for analogue WLR. Copper does represent a smaller proportion of the cost of ISDN2 than for an analogue line but on an absolute basis an ISDN2 line (rather than channel) uses a similar amount of copper. In addition the impact of the lower cost of capital impacts upon all aspects of the cost base and not just the copper. We therefore expect that this will generate a material reduction in the costs of ISDN2 WLR, a product that we believe was already cost oriented. We have undertaken our own cost modelling, starting with the regulatory accounts, and that suggests that a new cost oriented price would be over 6% lower than the current price. As a result of this we are surprised by Ofcom s conclusion that the current charges remain reasonable. We understand Ofcom would prefer not to have to include ISDN2 WLR in a charge control given that it has not been necessary in the past. However, by drawing the conclusion that it has, Ofcom has signalled that it does not believe a price change is required to ensure continued cost orientation. In order to draw such a conclusion must have required detailed cost modelling and yet no substantial details of the cost modelling are provided. Given the counter-intuitive nature of the conclusion we find this lack of information disappointing. If Ofcom s analysis is correct, and the current charges do remain appropriate, then either the 2004/5 regulatory accounting information is incorrect or additional costs, over and above those in the accounts, have become relevant. We would like to see details of the analysis that Ofcom has undertaken and details of where this apparent discrepancy lies. We would also like an explanation of how the price of a product 1

that is apparently successfully cost oriented can remain constant when there is a material change to its cost base. Efficiency Factor In our response to previous consultations, we have raised the issue that the general efficiency analysis carried out by NERA may not be the best view of BT s efficiency in its local loop. However, Ofcom has still not addressed this concern. We would urge Ofcom to undertake a specific project looking into this issue as soon as possible. Answers to specific questions Question 1: Do you agree that Ofcom should set ceilings for the WLR rental and transfer charges? Cable & Wireless would agree that setting ceilings is appropriate. Question 2: Do you agree that Ofcom should use forecast costs for 05/06? If not, please explain why. We agree that Ofcom should use forecast costs for 2005/06. Question 3: If you agree that Ofcom should forecast the costs for 05/06, is an RPI of 2.5% the most appropriate methodology to use? An RPI of 2.5% is the most appropriate methodology to forecast. Question 4: Do you agree that Ofcom should apply an efficiency factor of 1.5%? Please provide any evidence to support you answer. The assessment of the efficiency of BT s local access business is a vital part of setting a charge ceiling for WLR. Although BT has been subject to competition for many years there has been limited competition in the provision of copper access. Whilst it can be seen that competition, combined with regulation and pressures from the financial markets, has driven much efficiency improvement within BT the exact nature of those improvements is less clear. However, it is reasonable to assume that the areas that have seen the most efficiency improvements are those where the pressure has been greatest and that is not in the operation of BT s monopoly local loop. As a result the use of the general efficiency analysis carried out by NERA on behalf of Ofcom may not provide the best view of BT s efficiency in its local loop. We believe that the local loop is likely to be less efficient than BT as a whole. And the lack of local loop competition to BT means that absent regulatory pressure the incentives on BT are not as strong in this area as in others. In our response to Ofcom s consultation on the value of BT s copper access network we raised this as an area of concern. We suggested that Ofcom commission a detailed examination of BT s processes and operating costs within its copper access network. Ofcom acknowledged the potential for inefficiency but stated that the issue 2

should be addressed in the context of a charge control rather than the copper project. However, the issue was not addressed in the LLU charge ceiling consultation so we again raised this point. Therefore we are disappointed that the only consideration of BT s efficiency appears to still come from the general work undertaken by NERA to inform the network charge control. We believe the operational efficiency adjustment of 1.5% is insufficient and Ofcom should undertake some work to specifically consider the efficiency of BT s local access business. We believe it necessary for Ofcom to make firm commitment to undertaking this work as soon as possible. Question 5: Do you agree with Ofcom s approach to excluding both Pair Gain costs and the adjustment for DACS? We would agree with Ofcom s approach on this. Question 6: Do you think that the methodology put forward by Ofcom for the recovery of drop wire costs is appropriate? BT has previously proposed a normalisation of the drop wire capital costs to take account of the fact that the capital employed has not yet reached its steady state following the 2000/01 changes in accounting treatment. The cost of pre 2000/01 drop wires has already been recovered and so to make that normalisation now would result in the costs being recovered for a second time. Therefore Ofcom is correct not to include these. We also note that although the accounting treatment of drop wires was changed in 2000/01 the charge control modelling for the retail price control assumed that they were still expensed. This means that BT has been able to recover the full cost of residential drop wires within the year they are incurred through its retail charges. We would therefore agree that it is appropriate for the capital costs of business drop wires to be fully included in the charge ceiling for business WLR, but that a reduced allowance is made for retail lines. Question 7: Do you think that Ofcom s approach in applying a CVE to S&GA costs is appropriate? Ofcom s approach would appear appropriate. Question 8: Do you agree with Ofcom s proposal to not set charges or charge ceilings for business ISDN2 WLR? Ofcom has not set a charge for ISDN2 WLR in the past and therefore we would not think it appropriate to set one now unless BT were proved to be failing to meet their cost oriented obligation or there is a requirement for increased stability to encourage investment. We note that the size of the price reduction last year arising from Ofcom s investigation suggests that BT were failing in their obligation prior to that but had then resolved the issue. If, as a result of another investigation, BT were found to once again be charging above cost we believe this would justify the setting of a charge or charge ceiling for ISDN2 WLR. 3

In this consultation Ofcom has sent a clear signal that they are happy with the current charges. This conclusion gives us some concern as it appears counter-intuitive and is not supported by sufficient analysis or explanation. Our own analysis, as discussed in detail in the introduction, suggests that a reduction in the ISDN2 WLR rental price is required to maintain cost orientation and we believe BT should be given the opportunity to make that reduction. If BT were to fail to make that reduction in a timely manner and subsequently Ofcom found that the reduction was justified then a charge ceiling should be set. 4

Cable & Wireless plc Lakeside House Cain Road Bracknell Berkshire RD13 3 rd www.cw.com 5