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Pedestrian Crossings and Superhighw ay Robbery: Sources of Market Pow er in Broadband ACCC conference 2008 Rob Nicholls Consultant 24 July 2008 Agenda Introduction The need for speed The real competition services and


  1. Pedestrian Crossings and Superhighw ay Robbery: Sources of Market Pow er in Broadband ACCC conference 2008 Rob Nicholls Consultant 24 July 2008

  2. Agenda • Introduction • The need for speed • The real competition – services and applications • The importance of capital • Contended issues – wireline and wireless • Unlearning regulatory lessons – the absence of a magic bullet • Competition in the NGN access network • Conclusions 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 2

  3. Introduction • Technology oriented view of next generation network world • Interaction with NBN • Three key messages: – Speed is key – Wireline is the delivery technology – Excessive regulatory intervention will render the question of broadband market power moot 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 3

  4. The need for speed • Australia does not have the policy concept of the “information society” • An information society perspective requires access to low- cost ubiquitous broadband • A world without SMS and email is unfathomable • This will expand to encompass rich media delivery on a personalised basis – independent of location and time • Key characteristics (EU) – interoperability and speed • The interoperability issue has been addressed by engineers 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 4

  5. Need for speed – An Australian user perspective Dial-up and IS DN 256 kbps to less than 512 kbps 512 kbps to less than 1.5 Mbps 1.5 Mbps to less than 8 Mbps 8 Mbps to less than 24 Mbps 24 Mbps or greater Source: ABS 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 5

  6. The real competition – services and applications • In the old PSTN world a voice service is just a voice service • In the NGN world, voice is an application which can be acquired independently of carriage • The application need not be in the same country as the network • Cloud compute space already developing • Quality of Service (QoS) determined on an application by application basis – by either the end user, the supplier or both 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 6

  7. The importance of capital • The deployment of part state funded, fibre based broadband networks is a regional trend: – Australia – $4.7 billion as part funding of NBN – Malaysia – more than $US4 billion to TM in PPP – Singapore – separate core network and access networks – Pakistan – least cost subsidy auction using USF money to add broadband to USO • Pure private investments by Verizon (FiOS – FTTP) and AT&T (U-verse – FTTN) as well as France Telecom and Deutsche Telekom 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 7

  8. The importance of capital • Viviane Reding recognises the need for regulatory certainty: we want to encourage investment into next generation access networks by a stable and predictable regulatory environment. We are still discussing the final details of this in the Commission, but I believe that the best way for encouraging long-term investment is to establish a priori a number of principles that national regulators should take into account when regulating access prices with regard to next generation access networks. In my personal view, these should include a risk premium of around 15 % 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 8

  9. Contended issues – w ireline and w ireless • Mobile voice is a substitute or complement to PSTN voice • Little difference in the user experience (price and portability) • Wireless and wireline IP data are significantly different • Number of cells would require to rise significantly in order to offer reasonable contention (both HSPA and LTE) • Contention in wireline networks (or passive optical networks) is well characterised • Concurrent downloads (P2P or IPTV) demonstrate the contention issue 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 9

  10. Unlearning regulatory lessons – the absence of a magic bullet • Globally, regulators are struggling with the new paradigm that NGN provides: – ERG with ladder of investment – Separation as a magic bullet • NBN regulatory submissions call for structural separation – with little definition (BT uses the European “functional separation”) • Academic literature does not support the concept and its implementation in telecommunications has been limited (UK, NZ, Sweden (in a fashion) and Denmark by outsourcing) 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 10

  11. Unlearning regulatory lessons – the absence of a magic bullet • Larouche argues that separation has two consequences: – loss of control over operation decisions (mission paradox) – cost of regulation not being taken into account (regulatory externality) structural solutions – essentially separation of vertically- integrated companies – are put forward, but they are perhaps too drastic and they evidence a deep involvement of regulatory authorities with the operation of firms 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 11

  12. Unlearning regulatory lessons – the absence of a magic bullet • Nor is there an uncontended view on separation in Europe as EU Parliament shows: Functional separation, due to its far-reaching character, is subject to a special treatment whereby the Commission and BERT have to agree that it is the only effective remedy in order for the concerned NRA to be able to impose it • It is also not quite clear what the problem is (rather than what it might be) as vertical integration is both efficient and encourages both investment and innovation 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 12

  13. Competition in the NGN access netw ork – core Service Secure QoS Customer Location Au Filtering Set up Plane I D Tunnel Tunnel Control Plane I MS Core Fixed Mobile Mobile Packet Packet PSTN CS core core Access Plane Wireline Wireless Wireline Wireless circuit switched circuit switched packet switched packet switched 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 13

  14. Competition in the NGN access netw ork 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 14

  15. Competition in the NGN access netw ork • Key issue is QoS! • NGA interconnection permits managed QoS between both networks (any-to-any). Innovative applications and services can be provided at the applications plane of either NGN1 or NGN2. • Access seeker chooses both QoS and bandwidth and can self provision QoS parameters on an application by application basis • Even the retail broadband service has the potential for significant innovation simply because the QoS parameters are selected by the access seeker 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 15

  16. Conclusions • Speed is key • Wireline is the delivery technology • Excessive regulatory intervention will render the question of broadband market power moot: – Functional separation is not a magic bullet – Acceptable undertakings are likely to be the only practical answer in Australia – Unbundling needs to be unlearned – Facilitating interconnection at the access network may be all the intervention that is required 1897459_1.PPT | Sources of Market Power in Broadband | July 2008 page | 16

  17. Pedestrian Crossings and Superhighw ay Robbery: Sources of Market Pow er in Broadband ACCC conference 2008 Rob Nicholls Consultant 24 July 2008

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