INDIA’S TELECOMMUNICATIONS INDUSTRY: POLICY, REGULATION AND INDICATORS Payal Malik December 4, 2006 Pre-Conference Technical Meeting Under the Project: Equity and Access in Indian Infrastructure: Blending Competition and Regulation (Activity Co-financed by ECCP) OUTLINE Role of Regulation Policy and regulatory developments shaping outcomes of the industry in terms of indicators Results of the Telecom Regulatory Environment Survey Conclusions: Policies and Regulatory initiatives for taking the reform process forward Role of Regulation Reforms have involved more than just privatization Market liberalization and introduction of new laws and regulations Regulations, regulators and regulated industries interact in complicated ways that in turn affect the development of the industry Close relationship between the nature of a regulatory regime and investment behavior of the firms subject to that regime Discuss this by providing consistent set of indicators that allow for an analysis industry performance (from a regulatory, investment and industry point of view) Role of Regulation: In Principle Maintain impartiality and credibility in contexts where the incumbent has traditionally been state-owned and state-privileged Work towards public goals such as universal service Role of Regulation: In Practice However, Country’s institutional endowment determines outcomes the nature of regulatory Most striking feature of the Indian regulatory system is the relationship between the government and the regulator Special political interests capture the state, which then has a potential of capturing the regulator and distorting the decision of the regulator and state owned firms State thus might not be maximizing the “true” SWF, but the welfare function of some special interests Need to model the political economy of the state to see how the “operational” SWF is constructed Teledensity CAGR Mobile : 73.82% CAGR Fixed: 9.46% 8.22 9 8 7 4.84 6 3.71 5 3.21 4.58 4.28 4.01 3.96 3.16 2.65 4 3 1.24 2 0.187 0.35 0.63 1 0 2000 2001 2002 2003 Mobile 2004 Fixed 2005 2006 Ownership 100% 4.7 5.3 7.1 10.6 90% 15.1 21.4 39.3 80% 47.1 56.5 70% 60% 50% 95.3 94.7 92.9 89.4 40% 84.9 78.6 60.7 30% 52.9 43.5 20% 10% 0% 1998 1999 2000 2001 2002 Public Private 2003 2004 2005 2006 Impact of Regulatory Measures: Lowering Tariffs Increasing access INCREASING ACCESS AARPU/Subscriber per month 1400 35.0 1319 1200 30.0 29.0 1113 1000 25.0 24.5 884 800 20.0 in $ in Rs. 19.4 634 600 15.0 13.9 469 10.3 400 407 10.0 8.9 200 5.0 0 0.0 2000 2001 2002 Rs./month 2003 AARPU (USD) 2004 2005 HHI of Concentration 1.20 1.00 0.96 0.80 0.64 0.67 0.60 0.56 0.60 0.54 0.40 0.27 0.13 0.20 0.09 0.08 0.08 0.11 0.00 1999-00 2000-01 2001-02 2002-03 Landline Mobile 2003-04 2004-05 Increasing Competition Foreign Direct Investment 120000 103183.3 100000 95621.3 104087.3 98635.3 84806.3 Rs. in Million 80000 Foreign Direct Investment Inflow Year-wise Cumulative 60000 42211.5 45097.3 40000 39709 40084.8 22328.4 20000 9876.5 20.6 0 1993 17756.4 12451.9 140.2 2067.4 7648.3 2228.2 160.8 1994 1995 1996 1997 1998 10815 4548 2885.8 2126.7 1999 2000 2001 2002 3014 2003 2004 904 2005 Indicators of Performance Indicator 2004-05 2005-06 Total Revenue (Rs. billion) Contribution of Govt. Companies Contribution of Pvt. Companies 716.7373 421.7420 (59%) 294.9953 (41%) 867.1955 452.3298 (52%) 414. 8657(48%) Total EBITDA (Rs.billion) Govt. Companies EBITDA Pvt. Companies EBITDA 267.8570 186.1320 81.7249 301.3792 187.0912 114.2880 Capital Investment (Gross Block) Govt. Companies Pvt. Companies 1788.31 66% 34% 2006.66 64% 36% Capital employed Pvt. Sector Return on Capital Employed (RoCE) 1538.64 599.25 1700.87 658.56 7.82% Cumulative FDI in Telecom (Rs. Billion till Jan 2006) (Percentage of total FDI) 113.13 (8.3) 122.18 (7.8) Gross Domestic Product (Rs. billion) at factor cost) Current Prices Share of Telecom sector to GDP 28439 2.52% 32006 2.71% Total Employees of Telecom Companies Govt. Companies Pvt. Companies Subscribers per Employee at year end Govt. Companies Pvt.Companies 436891 394334 42557 132 1089 429400 382105 47295 158 1678 State-wise differences in mobile teledensity State-wise differences in fixed teledensity Rural/Urban Teledensity 32. 8 31. 13 2 6.2 21. 3 1 4.3 12. 2 10 .4 1 0.4 9 .08 8 .2 7. 04 6. 9 6 5.8 6. 1 4. 8 4 8. 88 4.3 2. 3 1. 9 1.6 1. 3 2.9 0. 3 0. 3 0. 4 0. 6 Mar-96 Mar-97 Mar-98 Mar-99 1.2 1. 5 1.74 1.84 1. 98 0. 9 1.7 0.7 Mar-00 Mar-01 M ar-02 Mar-03 M ar-04 Mar-05 Jun-06 S ep-06 U rban Teledens ity Rural Teledensit y Tot al Teledens ity TRE Survey Perception of efficacy – Five dimensions derived from Reference Paper of the GATS Protocol 4 • Market entry • Scarce resources • Interconnection • Tariffs • Anti-competitive practices • USO Panels of representative and informed respondents Value of panel study assessments Objective: Capture relevant informed opinions Results of the TRE Survey 4 3.5 3.3 3.7 3.9 3 3.3 2.72 2.5 2.5 Likert Score 2 2.6 2.88 2.7 2.3 2.2 3.1 1.5 2.0 2.0 1 0.5 0 Market Entry Interconnection T arif f Regulation Regulation o f Anti Competitive Practices Dimensions Fixed Mob ile Access to Scarce Reso urces Universal Ser vice Obligatio n (USO) over all Market Entry Licensing process has been a mechanism for liberalising markets; has also been one for controlling and restricting entry and raising large amounts of money through license and entry fees Has now been substantially reduced to attract entry Regulatory Intervention: Reduce mobile operator’s license fee from USD 4.5 billion to USD 1.5 billion and converted the regime into revenue sharing TRAI facilitated the Unified access regime such that licensing regime did not come in the way of technological developments Market Entry Unification process will be completed only when DoT removes all service based licences and brings them under a single umbrella of unified licence Market entry procedure currently is ignoring the technological possibilities opened up due to convergence However, market structure is not controlled by TRAI Regulation of anti-competitive practices Aimed at introducing competition was fairly successful for mobile technologies Much less successful for wire line (fixed), network Inability to do away with the cross-subsidy regime in the form of ADC, till February 2006 Ignoring the recommendations of the regulator on infrastructure sharing the DoT is unable to dilute the restrictive and monopolistic practices of the incumbents and provide a level playing field to new entrants LLU for Broadband access Some of the inherent problems with the TRAI Act and some due to the institutional relationship Internet and Broadband Access 7.50 7.00 6.67 6.50 6.00 Subscribers in Millions 5.50 5.00 4.40 4.50 4.00 3.66 3.73 3.50 3.00 2.95 2.29 2.50 2.00 1.50 1.13 1.00 0.50 0.22 0.32 0.13 1999 2000 2.11 1.52 1.02 0.62 0.65 0.35 0.33 0.00 2.14 1.76 0.74 0.51 2001 Internet Subscribers 2002 Broadband 2003 Household 2004 Commercial 2005 USO TRAI plays a major role in implementing the existing USO program, it does not have the powers to change it Benefits from using auctions: difficult to have sufficient participants bidding against the incumbent Tend to be used by market players to extract too many concessions Important strategic implications: effect the way firms compete against each other Incumbent in an advantageous position bidding against operators relying on transfer or lease of assets from their competitor USO Auction design disregarded commercial, legal and regulatory implications of the fact that the incumbent had a fair amount of network An important precondition for these auctions to be truly competitive is that the regulator should put in place effective access regime in place prior to the auctions Effective, non-discriminatory access regime for sharing of backbone: Special Obligations counterbalance its market power; Sunk cost arguments Backbone supply by operators (route km; March 2005, incl. leased capacity) USO TRAI has made progressive recommendations when it links subsidy provisioning away from VPTs and individual phones to the creation of infrastructure Avoid a subsidy laden universal service programmer concentrating on individual phones Public finding of backbone networks assurance of open access to those networks Scope of the subsidy has been expanded to include “niche” players and not merely the large licensed players Regulator has done its job and the government should take the initiative and implement policy Conclusions Policy confronts the issues of licensing and universal service Competition but also the government should not be able to stop entry (contestability) A process of conversion from specialized to unified licenses will be necessary to remove the inherited license restrictions, and to avoid intractable regulatory issues Policy should encourage multi-platform competition and does not perpetually have to play catch-up with technological progress.
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