CUASA NEWSLETTER


January/February, 2006
  Contents
  Cellular users still paying premium whilst waiting for ICASA hearings
Although no fixed date has been scheduled for ICASA hearings to investigate South Africa's high cellular telephone tariffs, the Communications Users Association of South Africa's Ray Webber says the organisation eagerly awaits the now “long overdue” investigation.
  Effective cheap or free number portability key to competition
Without free or very cheap number portability, mobile telecommunications markets cannot be considered to be effectively competitive, according to an official statement from the International Telecommunications Users Group (INTUG).
  International: INTUG News
Focus on mobile and next generation networks in Edinburgh
Despite advances, the cost of mobile is still a burden
More of the same for Next Generation Networks?
Regulation of cellular markets
 

CUASA in the news

ITWeb - Online
0866 fax numbers cost 400% more
SNO ‘off to a slow start'
Number portability ‘will not cause churn'


   
  Cellular users still paying premium whilst waiting for ICASA hearings
 

Although no fixed date has been scheduled for ICASA hearings to investigate South Africa's high cellular telephone tariffs, the Communications Users Association of South Africa's Ray Webber says the organisation eagerly awaits the now “long overdue” investigation.

“CUASA lodged a formal complaint to ICASA in May last year regarding aspects of mobile call charges in South Africa. In July, ICASA issued a notice in terms of the Act inviting representations with regard to a Review of Mobile Prices by 9 September last year. Published reports now indicate that the hearings are due 'after March' but no fixed date has been set. That said, CUASA and many other interested parties have been in contact with ICASA and we expect a final date selection soon,” says Webber.

“It may be just coincidence, but both Vodacom and MTN introduced unprecedented changes to some of the 'lower-end' call charges in the last weeks leading up to the review's submission deadline. As a result, we are encouraged that ICASA's investigation into the high cost of cellular could have a significant impact on the industry,” says Webber.

"We believe that the current high prices, when compared with most countries and markets, and the excessive profits being made by some mobile operators, are a clear indication of a lack of meaningful competition," says Webber. “We therefore believe that increased competition would be indicated by vigorous price reductions in the short term. Another indication of competition would be identified by a decrease in net profit margin of the mobile operators. By this stage, given that the mobile market is mature, the mobile operator’s net profit margin for basic mobile services should be 'reasonable', with them earning their higher margin business in value added services,” Webber continues.

CUASA is concerned that the introduction of the third mobile operator has had little effect on driving down prices and questions whether the introduction of a fourth operator would have any significant impact either. “As now well over 50% of the South African population are reported to have mobile phones, we have doubts whether or not any significant portion of the remaining market could be captured by a fourth entrant, given the likely extended period it would take to complete the process of awarding a fourth mobile licence and for this operator to become operational.

“Furthermore, we believe that the traditional differences between fixed and mobile operators will become blurred due to convergence and innovation in the industry, making the awarding of new mobile licences impractical. We therefore do not believe that the introduction of a fourth operator is feasible, but rather that real and effective competition between the existing operators should be forced by ICASA. One way to achieve this is by introducing Mobile Virtual Network Operators (MVNOs),” he says.

“CUASA further believes that the most important action which needs to be taken in order to reduce the high cost of cellular telephony in the country is a dramatic and immediate reduction in the interconnect tariffs and the introduction of a low and balanced interconnect tariff for all calls between networks, fixed to mobile, mobile to fixed and mobile to mobile. In addition, we believe that the whole interconnect regime must include the VANS, which appear to have been excluded thus far. Ultimately, we would like to see the elimination of interconnect tariffs,” Webber continues.

“Looking at data and SMS costs, we calculate that the bandwidth used for SMS is insignificant when compared with bandwidth used for voice, yet the charges levied for this bandwidth are exorbitant. As a result, we believe that charging over 80 cents per SMS during peak and over 30 cents during off-peak is equivalent to daylight robbery. If one considers the markets in which Vodafone operates elsewhere, SMS is often free, being bundled with calls. This is certainly the case in the UK. If it can be done there, why can it not be done here?

“Regarding higher speed and more traditional mobile data services, we noted the up to
96% decreases in some mobile data charges last year (some GPRS charges dropped from R50 to R2 per megabyte). We obviously fully welcome these decreases, as they have made these services considerably more affordable and accessible for users. However, such dramatic decreases merely highlight the excessively high charges which were being levied,” says Webber.

“There is no doubt that the South African cellular industry is in desperate need of serious investigation. South African business and consumers have paid premium pricing for mobile services since the introduction of cellular in the 90s. While initial pricing regimes may have initially been justifiable in terms of investment in infrastructure, there seems to be little evidence of hotly contested competition between the three service providers now. We eagerly await the confirmation of ICASA's hearing in the hope that 2006 will see the introduction of realistic mobile pricing structures,” Webber concludes.

  Effective inexpensive or free number portability key to competition
 

Without free or very inexpensive number portability, mobile telecommunications markets cannot be considered to be effectively competitive, according to an official statement from the International Telecommunications Users Group (INTUG).

The statement from the group, of which the Communications Users Assocation of South Africa (CUASA) is a member, states that Mobile Number Portability (MNP) has been implemented in the vast majority of developed countries without any discernible harm to operators or significant technical problems. However, in some instances, operators have made the implementation so difficult and done it so grudgingly, that the effectiveness has been damaged. In some countries, MNP has been subject to protracted delaying tactics by established operators.

“The international viewpoint on both mobile and fixed-line number portability is an important guide for South Africa as we establish our own number portability regime,” says CUASA's Ray Webber. “A number portability system where the user is effectively penalised for choosing to switch operators will not, in our opinion, prove to be effective for competition,” he says. “We are concerned that powerful players in the industry could leverage significant pressure to ensure high number transfer costs or simply drag their feet enough for consumers to lose faith in the efficiency of number portability – effectively nullifying the possibility increased competition and service levels arising from the system,” Webber continues.

South Africa's MNP regulations, which were published on 30 September 2005, say that specifications must be drafted with input from users. Network operators were required to prepare an ordering system specification for number portability to be lodged with ICASA by the end of October 2005, and this to be carried out in consultation with interested parties. Besides CUASA, we are unaware of any user groups or interested parties which were invited to participate in the drafting of this specification. It is therefore logical to conclude that the existing operators have had the lions share in terms of input for the specification. Of the three, it would appear that only Cell C has much to gain from the implementation of MNP.

“While cellular operators have until July this year to put the technology in place, our overall fear is that without any significant user participation, South Africa's MNP system will not be implemented in-line with INTUG's recommendation for cheap or free portability,” says Webber.

“Already clause 7 (6) of the NMP regulations allows for up to a 10% increase for ported calls. While we recognise that costs associated with the setting up of a central number authority, administration and infrastructure will not be insignificant, even a 5% increase in call costs could damage the viability of NMP from a user perspective,” Webber concludes.

A related INTUG positioning paper on numbers and numbering takes the view that a telephone number signifies an individual or an organisation and is therefore their property, under the custodianship of an independent national authority. Numbers, they say, do not belong to operators.

  International: INTUG News
 

Focus on mobile and next generation networks in Edinburgh

Presentations dealing with the general lack of price reduction in mobile termination rates and the opportunities and challenges associated with the introduction of Next Generation Networks took centre stage at INTUG's Edinburgh, Scotland meeting in November.

Reporting on the event, INTUG's Treasurer, Nick White, says the spirits of delegates from around the world were not dampened by the traditionally unpredictable Scottish weather. The Point Hotel with its skyline dominated by Edinburgh Castle hosted nine INTUG representatives including Chairman Sergio Antocicco (Italy), Allen Millar (USA), Paul Boutelant (France), Beth Mackenzie (Australia), Danielle Jacobs (Belgium), Gustav Rickert (Sweden), newly elected Executive Committee member Jacob van Kokswijk (Netherlands) and Executive Director Ewan Sutherland.

While proceedings were dominated by challenges relating to mobile and next generation networks, there were also useful discussions on the future of INTUG and plans specifically for 2006 were discussed including events and meetings.

Much to his relief as INTUG's treasurer, Nick White further reports that important decisions regarding INTUG's finances were concluded and subscription levels for 2006, as provisionally agreed at the end of 2004, have been confirmed. Full member subscription fees for 2006 will rise slightly to 3 000. Allowing for inflation this increase restores parity with membership fees from the late 1990s. Associate subscriptions will remain at 5 925 and individual subscriptions remain at 200.

The first INTUG meeting for 2006 will be hosted by ANUIT in Rome on 24-25 January. This meeting will include the INTUG AGM and will be an important opportunity to further address INTUG's priorities going forward and identify ways in which value between members can be shared more effectively. All members are encouraged to attend this landmark occasion.

Danielle Jacobs has offered to help organise a workshop-style discussion on the subject of providing additional membership value. Members are further encouraged to email her at danielle.jacobs@beltug.be with suggestions on how membership value can be improved so that these suggestions can be built into her planning.

A second meeting for 2006 is planned for Dreibergen, Netherlands and is to be hosted by BTG on September 13 and 14. It was also noted that the 2006 ITU Telecom event, which is sometimes described as the “Telecom Olympics” due to its four year cycle, will not be held at its traditional Geneva venue, but is to be held in Hong Kong from 4-8 December. It is hoped that an additional INTUG meeting, for at least Asia Pacific members, will be held to coincide with this event.

The planned fixed/mobile convergence conference, which was deferred until 2006 and expected to be held in Rome, is being reconsidered given the challenges of running international conferences at present. The event may be relaunched with a slightly broader subject appeal which reflects a shift in focus of interest. At the time of writing there is also intense interest in the outcome of WTO discussions which are critically important to the economic growth through the opening of trade barriers. INTUG continues to maintain its pressure for countries to honour their existing commitments in telecommunications and for more offers to be made.


Despite advances, the cost of mobile is still a burden

INTUG Executive Director, Ewan Sutherland, says that although the general argument on the need to regulate international mobile roaming rates has largely been won, the speed at which such rates are declining internationally is, on average, very slow and operators continue to apply unjustifiably high prices.

Speaking at INTUG's Edinburgh, Scotland meeting in November, Sutherland said mobile network operators in various countries have used every conceivable means to deny and to delay the reductions of these charges, because of the enormous amounts of money at stake. They have made extensive filings with regulators and have taken almost every decision to at least one level of appeal. The operators have exerted considerable political influence to discourage regulation or to divert the limited resources of regulators to other areas, where the resistance would be weaker. In many cases the political influence is accentuated by the government being the owner of a substantial holding of stock in one of the mobile network operators. Sutherland further said that the need to regulate mobile termination rates is seen as a priority and that INTUG would identify countries where progress has been unacceptably slow.

Sutherland further said that data reported by the European Commission and the European Regulators Group are a good basis for the comparison of European countries and it is generally considered useful to compare national performances in the reduction of mobile termination rates.

Sutherland noted at the Edinburgh meeting that international user groups dedicated to unraveling the devious ways in which operators undertake to extract profit from business and consumers are unlikely to become engaged in very technical discussions on the construction or modification of Long Run Incremental Cost (LRIC) models. Just one contentious issue has been the inclusion of marketing costs which have sometimes been allowed in determining termination fees.

In the past, INTUG has pointed out that an increasing number of mobile cellular operators are creating a separate tariff for the completion of international calls to their networks. These wholesale prices can be as much as 1500% more expensive than calls to a fixed network in the same country and mobile operators are leveraging their domestic power in the call termination market into foreign markets for call origination. With the growing importance of mobile networks, other operators have no alternative but to connect, even when they are unable to negotiate and must pay the price levied by the terminating network and, consequently, retail prices to foreign mobile networks can be higher by 10 to 30 cents (Euro or US) per minute. Consumers are frequently unaware of these higher prices and even if consumers do know that a call will be at a higher price, they frequently have no obvious alternative.

Another earlier statement released by INTUG points out that for several years the comments received by the United States Trade Representative (USTR) in preparation for the annual 1377 report on international trade issues in telecommunications have highlighted the problem of the high cost of termination of calls on mobile networks in countries using the Called Party Pays (CPP) system. These charges are a significant burden on individuals and on corporate callers in the USA. At a time when prices for long distance and international calls are falling, often to become flat-rate plans, the rates for termination on foreign mobile networks have grown ever more conspicuous and are a burden.

A large and growing number of countries have mandated CPP and have allowed operators to determine the price of termination on their networks at levels unrelated to the costs and with every incentive to charge high prices. In so doing, they have ignored their WTO obligations.

On a more encouraging note, Sutherland pointed out that in France the regulator had found that having three operators was insufficient to ensure competition and had threatened operators with forced MVNO deals and national roaming. The mere threat of such deals, Sutherland said, appears to have been sufficient with operators now striking deals. Meanwhile, a separate investigation is being conducted by the national competition authority into accusations of collusion
and price fixing by mobile network operators.

More of the same for Next Generation Networks?

If history is a fair judge of character, INTUG's Ewan Sutherland warns that incumbent operators the world over will try to monopolise the next big thing in voice and data connectivity – Next Generation Networks.

Next Generation Networks offering unprecedented bandwidth, multi-service, multi-protocol and multi-access services all over Internet Protocol (IP) are just over the horizon so, according to INTUG Executive Director, Ewan Sutherland, few will be surprised when incumbent operators leverage significant pressure to deny, delay and degrade regulation and competition.

Speaking at INTUG's Edinburgh, Scotland meeting in November, Sutherland said Next Generation Network technology is “a packet-based network able to provide telecommunication services, able to make use of multiple broadband, quality of service-enabled transport technologies and in which service-related functions are independent from underlying transport-related technologies.

It offers unrestricted access by users to different service providers and supports generalised mobility which will allow consistent and ubiquitous provision of services to users.”

In short, Next Generation Networks are expected to unleash the power of a mobile device such as a laptop or PDA and enable it to operate not only as a cellphone, landline, email and web device, but also connect to your fridge, open the garage door and or track your RFID-enabled shipment anywhere in the world. If that isn't enough, such a device would also facilitate texting, instant on-network payment facilities, music, mini-television, games, accessory applications and navigation.

Next Generation Networks will form an important “middleware” kind of function by supporting multiple services and multiple protocols, enabling a single device to perform the function of many in a secure, reliable and trusted environment. The networks will enable service providers to offer:
Real-time communication services Peer-to-peer and client-server communications Mobility of both users and devices Interoperability between legacy and next generation services and networks.

However, Sutherland warns that in practice various barriers to adoption are present, including inadequate competition, lack of clarity in the benefits of the service and excessive pricing. In addition, there is a risk that service providers adopt a “walled garden” approach – allowing their
users access only to services and content they deem as appropriate or limiting access based on package options.

“Historically, incumbent operators the world over have tried, and in many cases successfully managed, to stifle regulation and competition through economic, political and legislative pressure,” says Sutherland. We feel that if history is a good judge of character, incumbents will, once again, leverage all they have at their disposal to control Next Generation Networks,” he says.

“INTUG is aiming to ensure an environment where real and effective competition is allowed to thrive and one where there are genuine choices for users. This inevitably results in lower prices, higher quality and more innovative services,” Sutherland says.

Regulation is the most powerful tool governments have in terms of ensuring effective competition. That said, ensuring efficient regulation is not as simple as it appears. Documents like those which have surfaced atthe European Competitive Telecommunications Association (ECTA) state that “It could be very tricky for policy makers and regulators to strike a balance between allowing nascent markets to develop without interference and ensuring that competition is able to develop in those new markets. However, they can play an important role in removing barriers to the effective deployment of NGN while encouraging the development of NGN.”

Nevertheless, the adoption of regulation in order to ensure competition is largely seen as critically important to the successful implementation of Next Generation Networks, as this comment from www.ectaportal.com highlights: “Failure to act will enable incumbent operators to build networks that foreclose competition reducing choice and innovation for consumers and businesses for years to come. Incumbents have argued that NGN investment is risky and that regulation would deter them from making this investment. However, the real risk is that if incumbents can escape regulation by upgrading their core networks to reflect efficient modern technology already used by many other operators, competition will be irreparably damaged and, as a result, future investment by both incumbents and market entrants will be jeopardised.”

There is no doubt that Next Generation Networks could offer an Internet which is far superior to current connectivity options. These networks will be able to leverage the power of corporate and residential fixed broadband, Wi-Fi and WiMAX wireless networks, cellular voice and data networks and digital broadcast networks, including satellite.

In addition, Next Generation Networks could also offer an “Internet of things” - connecting inanimate objects to networks. Electronic tags in the form or RFID and other sensors could extend the communication and monitoring potential of the “network of networks”.

Regulation of cellular markets

United Kingdom regulator OfCom hosted a European Union telecom meeting in Edinburgh recently. Speaking at the meeting, INTUG Executive Director, Ewan Sutherland gave his personal views and insight into the regulation of the cellular market from an international perspective:

Japan
Japan and South Korea are the two main 3G mass markets in the world with the former now boasting some 40-million subscribers. The pace of change in Japan has been dramatic with operators moving to both new networks and handsets in order to take advantage of new technologies. This change has taken place with little evidence of pain and suffering in a market which is extremely demanding in terms of customer service. The Japanese, on the whole, have a notion that telecommunications operators should know what they are doing and get on with it. They do not accept beta release hardware, bug-ridden software or pricing by trial and error. All this only highlights the impressive pace of change taking place in the country.

New Zealand
By contrast, New Zealand appears to have made terrible mistakes with UMTS, in which lessons from GSM were misunderstood, misapplied or simply ignored. The decision to cast aside existing GSM networks and to build 3G networks from scratch was a mistake for which operators and therefore their users, will pay for many years. It would seem that the networks incorrectly assumed that revenues from 3G would be so great that they would be able to justify almost any level
of investment.

New Zealand is a small market located a great distance away from other markets and by a quirk of fate, now finds itself with one GSM and one CDMA operator – both of which are making their way towards 3G. Until recently, the GSM operator has been dominant but with CDSM more widely available in other countries, Telecom New Zealand has now gained some traction against its GSM rival. The introduction of cheap multi-mode handsets has helped, but the lack of mobile number portability continues to limit competition.

The two operators are presently engaged in a robust exchange of views on the capacity and merits of their respective networks which is not pretty, but at least it has raised the competition bar a notch. There is still no sign of the third New Zealand operator which was issued a license some years ago but has built nothing.

USA
The USA has competing cellular technologies, some operators with CDMA and others using GSM or Nextel iDEN. The CDMA operators quickly deployed cdma2000 1X and began to offer data services at flat rate prices. The retail prices are around US$ 70 per month for unlimited usage across the continent. The GSM operators in the USA have, force majeure, had to respond with EDGE rather than GPRS in order to try to match the speeds. They have also had to offer flat rate prices.

Sprint has signed agreements with cable operators to offer quadruple play - Internet access, television, wireline and cellular. There is also a strong consumer focus leading to the provision of entertainment services including branded MVNOs such as Disney.

Where once the USA could be said to be behind Europe, the USA now seems to be showing more and faster innovation and gives the impression it has at least drawn level, albeit on a somewhat different path.

South Africa
There is presently a pitched battle in South Africa concerning the affordability of mobile telecommunications. Dr Kelly of the ITU and Dr Reynolds of the OECD recently made presentations in Johannesburg which have emphasised the very high level of prices there, arising from the lack of competition.

Markets with only three mobile operators can be far from competitive. The regulator should be advised to look closely at recent developments in France and in Ireland.

The introduction of Mobile Virtual Network Operators (MVNOs) and national roaming deals, whether voluntarily or by obligation, would do much to improve competition. Like many countries, South Africa struggles to bring termination rates on mobile networks down to acceptable levels. All the arguments used in the United Kingdom have been recycled in South Africa, sometimes by the same people. What is missing in the market in South Africa, as in so many countries, is true competition, measured in user benefits.

Europe
From a European perspective, competition so far has been insufficient to achieve policy goals, principally the Lisbon agenda. Sadly, the rhetoric of the “3GSM” operators has been much stronger than their competition. They will happily assert that there is competition when it is absent or so attenuated as to be invisible to the naked eye.

There is no single market for mobile telecommunications. At the retail level it is entirely absent. Mobile telecommunications lives in the world of Bismarck, Garibaldi and Woodrow Wilson. It is a Europe of nation states. In terms of the n+1 policy, Europe was to have one additional operator with 3G, one more operator than 2G. Instead, there is more consolidation and a number of licenses still unassigned. It must be accepted now that the policy is misguided. Market entry was too expensive, the combination of license fees and network construction cost too much.

Despite these challenges, regulation has worked despite strenuous efforts by the operators to thwart it. Progress has been made on call termination, on number portability and on call origination.

   
  Disclaimer and copyright notice
Although every attempt is made to ensure that the information contained in newsletter is accurate, CUASA disclaims all liability for the accuracy and comprehensiveness of the information provided. It accepts no responsibility for any loss occasioned as a direct or indirect result of the use of or reliance on the information contained herein, which information in no way constitutes legal advice.

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Copyright © CUASA 2006. All rights reserved.


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