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Essential telecom services

The CRTC has issued a Public Notice (PN 2006-14) to examine the regulatory framework for wholesale services and definition of essential service.

This proceeding will be significant and it includes live hearings scheduled to be held in Gatineau in October 2007. Yes, a year from now. Following the hearings, there will be further exchange of arguments and reply, meaning that the file won’t close until January 2008. A decision will be rendered within 180 days.

The timing should be perfect for The 2008 Canadian Telecom Summit.

This is a major regulatory proceeding. Among the more more significant issues in looking at relaxing regulation of retail services is whether there is still a need to regulate wholesale services. If so, what are the essential wholesale services that should be regulated, as contrasted with those that are provided according to what the market will bear.

As the CRTC notes in the Public Notice:

The Commission notes that to date it has not conducted a comprehensive framework proceeding with respect to wholesale services and that, as noted above, its current regulatory regime for wholesale services evolved on an incremental basis. … The Commission, therefore, considers there is a need to conduct a comprehensive proceeding to review the regulatory framework for wholesale services, including, in particular, a review of the definition of essential service and the associated pricing principles.

The Commission notes … that the complexity of the interrelationships between several of the wholesale services means that to deal with them in isolation could create unforeseen problems.

The Commission’s conclusion … is that any limitation of scope in the interests of time would ultimately create a longer overall timeline as it would be necessary to conduct several significant lengthy related proceedings in sequence.

[PN 2006-14, p.15-21]
In other words, the CRTC recognizes that this is creating an 18 month process, but it wants to deal with this issue comprehensively, given the fundamental importance to the overall regulatory framework.

The report of the Telecom Policy Review panel looked at the issue of wholesale services and the CRTC’s public notice appears to be advancing in a manner consistent with a number of the TPR recommendations. For example, recommendation 3-19 states:

The regulatory framework should continue to require owners of essential wholesale facilities to make them available to competitors at regulated wholesale rates. Regulatory requirements to provide non-essential wholesale services or facilities should be phased out in order to provide increased incentives for innovation, investment and more widespread construction of competing network facilities.

The TPR report also calls for

A working group of CRTC and Competition Bureau members should be established as soon as possible to develop recommendations to the CRTC on the definition of essential facilities and its application to today’s telecommunications networks.

The CRTC’s public notice recognizes the draft Information Bulletin on the Abuse of Dominance Provisions as Applied to the Telecommunications Industry, issued by the Competition Bureau in September. This type of cooperation with the Bureau is consistent with TPR panel recommendations for joint activity on wholesale services.

Key to relaxing the regulation of retail services is for us to get the regulation of wholesale services right. This Public Notice will set the tone for the future of competition in the telecom industry.

Will policy direction make a difference?

The government’s proposed policy direction to the CRTC is being reviewed by the House of Commons in committee today. There are 3 panels appearing – each with 45 minutes: ILECs (Bell, Bell Aliant, TELUS and Sasktel); Cable companies (Rogers, Shaw, Videotron and Cogeco); and, New entrants and the public interest (MTS Allstream, Primus, Cable Systems Alliance, PIAC, Quebec Coalition of ISPs and L’Union des consommateurs).

Interesting groupings, with MTS Allstream not appearing as an ILEC and CCSA not appearing with the other cable companies.

Recall that at The Canadian Telecom Summit last June, Industry Minister Bernier announced a proposed direction to the CRTC that it should rely on market forces above other objectives set out in the Telecom Act.

Darren Entwistle spoke at an Ottawa lunch hosted by the Canadian Chamber of Commerce yesterday, calling for “a regulatory revolution in Canada” to bring changes at the CRTC.

While I support the intent to have regulation migrate to an increased reliance on market forces, I would ask ‘will it make a difference?’ What aspects of which decisions would the CRTC have dealt with differently with this policy direction in place versus the way they ruled?

Do we actually think that the CRTC ignored the potential for an increased reliance on market forces? Is it possible that the CRTC considered whether market forces would be sufficient and decided ‘no’? Will the policy direction change these results?

Take a look at the VoIP reconsideration Decision. In that instance, the Cabinet sent the CRTC’s VoIP Decision back for reconsideration with a specific view to increase the weight of market forces. On September 1, the CRTC came back endorsing its original conclusions [note: Cabinet has until the end of November to decide if the CRTC’s confirmation of its original conclusion is acceptable].

So what will be the difference with the government’s policy direction in place?

If Cabinet wants to end up with specific results on the CRTC’s decisions, then it appears it has to issue specific directions. For that reason, elements of part (c) of the proposed direction will be the most contentious:

(c) in order to promote efficient, informed and timely operations the Commission should adopt the following operational practices:

(i) provide for maximum efficiency in regulation by using only tariff approval measures that are as minimally intrusive and as minimally onerous as possible,

(ii) with a view to providing increased incentives for innovation, investment in and construction of competing telecommunications network facilities, conduct a review of its regulatory framework regarding mandated access to wholesale services, in order to determine the extent to which mandated access to wholesale services that are not essential services should be phased out and the appropriate pricing of mandated services to encourage investment and innovation in network infrastructure,

On a prospective basis, if government wants the CRTC to change its overall approach, then we should be watching for changes to the CRTC and the Telecom Act itself.

There are a number of Commissioners of the CRTC with terms expiring soon. We’ll be watching for a shift in the direction of the CRTC in appointments of the Chair and Commissioners.

Centrex squeeze play

Bell Canada has applied for a 10% increase in rates for Centrex III service. Bell has asked for the CRTC to approve the tariff increase by today, to be effective September 1.

Bell’s justification for the increase included:

The rates for these components have remained unchanged since 2002 while network investments have continued. In addition, inflation over this same time period was 10.12% as per the Bank of Canada’s statistics.

Bell’s arguments ignore the productivity improvements that would normally be assigned as offsets against the inflation factors – productivity that represent improved capital and operational efficiency.

Bell may be trying to create better financial incentives for customers to migrate to their IP-based Centrex service, MIPT. There must be confidence that customers won’t look at TELUS IP-One and other carrier and customer premises-based solutions. Even customers under contract will see their rates increase: generally, the contracts refer to the tariff.

Centrex-based resellers of local lines are going to be badly hurt by this action. Their contracts likely don’t point to a tariff and therefore the increases will eat into their margins.

There are three ways for Bell to succeed on this filing: unit revenues for Centrex go up 10%; competitors get hurt; and, customers are incented to migrate to Bell’s portfolio of VoIP solutions, some of which may win forbearance under the CRTC’s pending VoIP reconsideration.

Bell only loses if this manoeuvre angers customers sufficiently to have them take look elsewhere.


Update:
The CRTC gave interim approval to the application today.
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Hopelessly Complicated?

MTS Allstream was quick to trash the report of the Telecom Policy Review panel, calling it “Hopelessly Complicated and Impractical.”

In the near term, we see no practical effect on our business. Longer term, the recommendations appear hopelessly complicated and impractical. They appear based on the rather implausible notion that greater bureaucracy will result in greater efficiency for Canadian consumers and businesses.

Let’s look at this statement and parse it.

In the near term, we see no practical effect on our business. ” Correct. Of course, even if MTS Allstream loved the report, it would have no effect on anybody in the near term. It is a report, not a CRTC Decision, not a new Telecom Act, etc.

Longer term, the recommendations appear hopelessly complicated and impractical.” To start with, let’s remember that this is a panel whose mandate was:

…to make recommendations on how to move Canada toward a modern telecommunications framework in a manner that benefits Canadian industry and consumers.

The government’s objective is to ensure that Canada has a strong, internationally competitive telecommunications industry, which delivers world-class affordable services and products for the economic and social benefit of all Canadians in all regions of Canada.

The panel is asked to make recommendations that will help achieve this objective.

With these objectives, we had to be expecting something more substantial than a weekend school report!

The report is 400 pages long and it uses detailed technical language. Not just geek technical terms, but economist terms, lawyer terms and social policy terminology. Of course the report is complicated. Hopelessly though?

After you get past the first look, you realize that the report contains step-by-step instructions on how to do it. How to build a 21st century policy and regulatory framework.

There are precise wording changes recommended for various sections of the Telecom Act. Details on how to open up foreign ownership. Recommendations for follow-up work to cover the issues that were beyond the scope of this panel. Complicated? Yes. Impractical? Hardly.

They appear based on the rather implausible notion that greater bureaucracy will result in greater efficiency for Canadian consumers and businesses.” My initial read of the report led me to a similar set of thoughts. Why create new arms of government if we are trying to streamline regulation and paperwork? How is the creation of bureaucracy consistent with migration to market forces?

More than most companies, MTS Allstream should be familiar with the disruptive benefits of reorganization once in a while. Could the Telecommunications Consumer Agency exist within today’s CRTC. I think so. But those are not the major issues.

I am certain that the heartburn being felt at MTS Allstream has little to do with overall complexity and bureaucracy. Their pain is summarized in the opening statement from the panel:

One significant proposal will phase out the regulation of the wholesale prices and conditions on which the major telecom companies make their networks available to competitors. Our goal here is to provide incentives for telecom companies to invest in new advanced infrastructure – and not just to buy it from the major companies at low regulated rates.

In other words, the panel believes in facilities-based competition, just like the CRTC has been saying. MTS is heavily reliant on its competitors for access. It has been relying on regulated wholesale rates rather than build its own access. In fact, it sold off its holdings in Inukshuk, the one opportunity to economically control its own destiny.

MTS Allstream: Be grateful for the recommendations to relax foreign ownership restrictions. It may be just the thing to get you back on your feet.

From Intelligent to Irrelevant Networks

A teenager sits in front of his computer screen, engaged in an instant messaging conference with friends and relatives around the world. A cousin participates from his mobile phone, a girlfriend is in the school library. Questions are sent to parents about dinner plans. The teens agree to meet (on-line, of course) for a computer game while music files are exchanged in the background. Six people have been involved in this session, with six different network providers and terminal types.

Their choice of terminals was made without regard to the network; the network providers had been selected without even conceiving that such a messaging session could take place. The home-based teens used high speed internet access from their phone company in one instance and from their cable company in the other. The third teen connected via their own pre-paid mobile service in Europe. The parents were connected by office LANs and WANs and mobile PDAs.

These teenagers are unknowingly demonstrating the increasing irrelevance of the network: the evolution from Intelligent Networks to Irrelevant Networks. As terminal devices become smarter in their own right and networks evolve to a unified IP standard, users have less of an interest in the provision of network intelligence. Indeed, the migration of intelligence to the edge of the network means that user applications are finding increased levels of network transparency: the choice of network is expected to be irrelevant by most applications. Over the past five years, users began communicating without the active involvement of communications carriers!

A Brief Perspective in Time

The first telephone exchange, introduced into Hartford Connecticut in 1877, was the first implementation of centralized, intelligent routing. The central processor at that time was a bank of human operators. In 1891, the first automated telephone exchange began a move to put routing control into the hands of the user. With the invention of the rotary dial phone, users controlled each step of the call. Every click from every digit dialed moved the call closer toward its destination. User control reached its apex in 1951 with the introduction of Direct Distance Dialing – long distance calling without operator intervention.

In the 1930-1950’s, electromechanical, common-control switches were introduced, beginning the return of intelligence to the core of the network. The 1963 introduction of tone dialing allowed users to signal network processors in the middle of calls for advanced features.

The mid-1980s through year 2000 marked the pinnacle of centralized network intelligence. Voice networks began to offer services with routing decisions powered by centralized databases. Users traded private business exchanges for telephone company Centrex, in order to outsource the management of complex features and to automatically access the latest software upgrades. The core of the networks became the centres of power – not only were telephones made dumb, the primary local telephone exchanges do not even know how to route certain types of phone calls, such as toll-free “800” numbers or local competitors’ calls, without assistance from a central routing database.

Yet, regional and national control of routing and network intelligence was not seen as sufficient to meet their users’ needs, since high quality global connectivity was a rare commodity. At great cost, global alliances were created to leverage the premiums associated with the long-haul bottleneck. Most of these alliances have come crashing apart, as international cultures clashed. Global One, formed from Sprint, France Telecom and Deutsche Telekom, and Concert, anchored by AT&T and British Telecom, are two examples of failed alliances. In the case of Concert, $7 B (U.S.) was written down by AT&T and BT, coupled with 2,300 jobs lost. Other companies, from Worldcom to 360 Networks, Qwest to Global Crossing, chose to control their own destinies, with equally dismal results. Billions of dollars of investor capital have been lost in search of the elusive recipe to satisfy multi-national customers.

The Democratization of Network Intelligence

Partly due to the low cost of powerful microprocessors and in part due to very low cost global bandwidth, a return of intelligence to the edges of the network has been underway. Aided by a migration from various circuit switched protocols to a more uniform Internet Protocol (IP), networks witness a democratization of network intelligence, supplanting the supremacy of network providers. With self-actualizing interconnectivity, IP services will be able to more easily operate across disparate networks. This leads to an interesting ironic result: the emergence of a “network of networks” model of communications connectivity will lead to the supremacy of local access providers, rather than global network carriers.

The customer carrier selection criteria in the future will be in the provision of “on-ramps” rather than the highway itself. Once a user has gained high-speed access onto the backbone network, their bits will flow in blissful ignorance of the underlying carriers and infrastructure, with a presumption that the only other bottle-neck of interest is at the distant end of the communications link. A gigabit Ethernet access connection has very limited value if the ISP does not provide gigabit connectivity to the Internet cloud as well. Due to the low cost of long haul capacity, successful carriers will be able to meet expectations of highly available, robust interconnectivity at major internet exchange points.

While carriers are spending billions of dollars differentiating their global network solutions, customers are acquiring edge devices that encourage network transparency, enabling users to become more carrier-neutral. As customer premises equipment continues to be more intelligent, customers gain independence. In effect, Internet Protocol may be seen as a universal protocol. Electrical appliances are sold to consumers without knowledge of the supplier of electricity. The universality of IP allows communications based appliances to be used and “plugged-in” without knowing the supplier of telecom services.

To the dismay of the leviathans of the industry that created networks with vastly improved overall quality and with expanded and optimized connectivity, customers actually lose their need to be bound to their carriers. Instead, customers may be able to select local niche providers and turn to their supplier of IP terminal equipment for global one-stop support. It may be that carrier investment has led, not to a competitive advantage in possessing resources, but rather in the commoditization of the resource itself!

Service Provider Implications

For the purposes of this article, we look at an expanded definition of service providers. In the near future, we see the potential for systems integrators, network and business process outsourcers and customer premises equipment or system suppliers to expand their offerings to include communications services. In the near term, we believe opportunities exist to acquire massive long haul capacity from insolvent or nearly insolvent global carriers. A return to more traditional pricing models is likely to meet resistance caused by the current capacity glut and the debt burden that overhangs virtually all industry participants. Until these factors are resolved, the value of long haul infrastructure and bandwidth services will remain low, with a resultant diminished barrier to entry.

Commodity Bandwidth Services

The implications of the Irrelevant Network theory are far-reaching. Global carriers have invested billions of dollars expanding their own capabilities and capacities to serve multi-nationals. In some cases, global alliances have been built; in other cases, under-sea fiber optic cables have been laid. Thanks to advancements in opto-electronics, some estimates suggest that there is more than 20 years of global capacity already available. In effect, it is precisely the rush to build capacity that created an oversupply, which in turn has created the irrelevance of networks.

While carriers are wrestling with the danger of commodity pricing for bandwidth services, they have sought to move up the value chain and are increasingly facing the threat of non-traditional providers of managed services. Local access is now the critical bottleneck service in the provision of IP connectivity. Indeed, reliable and robust local access is the only communications service that clients typically find as a bottleneck in serving their requirements. Since local access services were rarely provided by the global carrier itself, many multi-national customers may have been frustrated in looking to a global carrier for provision of their integrated services. As a result, customers may become equally likely to look to their customer premises supplier (eg. router or IT infrastructure provider) for global communications support. Given the interaction between software applications and the communications protocols, customers may look to their systems integrators for one-stop shopping, further exacerbating the commoditization by aggregators and value added suppliers and bundlers of software and communications services.

Billing, Bundling and Single Point of Contact

The attraction of single billing may be somewhat mythical – while single billing sounds good in theory, it tends to provide less than ideal results when implemented.

Smaller customers, when receiving bills for their total communications services (e.g. local and long distance phone service, coupled with data and mobile service) begin to question the size of the bill and look for ways to lower their costs. Many small business and residential customers already have monthly charges applied to credit cards in order to write fewer cheques or benefit from the cash flow management of their bank in any case.

Larger businesses generally want their bills broken down by department or cost centre in any case – meaning that they want more bills, not just one. As certain customers buy on a global scale, there are limits to the usefulness of single points of contact for purchasing. Most often, billing is sought in local currency since charges must be accounted for as incurred by the local business unit. Such customers are as likely to want to know the local representatives for trouble escalation. Billing is likely required in local currency because the costs are incorporated into the local unit’s profit and loss statements.

So, while many customers are certainly after the discounting associated with spending more money with a single carrier (ie. bundling and bulk purchase discounting), it is not clear exactly who, if anyone, is asking for a “single bill.”

With low commodity pricing from a number of industry participants, increasingly, corporations are purchasing communications services in the same manner as other goods and services, with pressure on pricing and service performance.

The benefits of local network optimization may prove to outweigh any benefits of single billing. Coupled with the increased commoditization of communications services pricing that may remove specific financial incentives for bundling, other non-traditional channels may help customers to derive the lower costs with better overall control of service quality. The key differentiator may be found in customer service: providing points of contact to match the requirements of the buyer. Winning service providers, whether carriers or systems integrators, will be those that can match user requirements for supplier interaction – ordering, moves, adds and changes, performance monitoring, trouble reporting and billing. These interactions are captured under a banner of managed services.

Managed Solutions

Carriers are attempting to provide global managed services to their clients in an attempt to “move up the value chain” away from commodity bandwidth services. Such management includes single points of contact, service level agreements and guarantees, monthly reporting, storage and server hosting, among other services.

Customers may be somewhat skeptical about the carriers’ abilities to deliver on these services. In some cases, carrier sponsored data hosting is at odds with an ability to have diversity. Carrier diversity may be required for serious high-availability applications and in order to maintain leverage for service and pricing responsiveness.

In addition, applications continue to increase in complexity, which challenge the ability of a carrier to provide complete outsourced communications management. To the extent that applications interact with communications protocols, such as with non-IP based legacy networks, such as Frame Relay, SNA or ATM, carriers will be unable to fully diagnose failures, without the participation of the systems integrator. Complexity may paradoxically be increased during the transition to an IP network as formerly stable networks are reconfigured to adopt lower cost IP-based communications links.

As a result, customers may look to their IT infrastructure providers to act as the prime contractor for communications services. Carriers may find that their competition is coming from less traditional channels.

Summary

In the era of Intelligent Networks, carriers spent their resources developing and promoting the core network. Global alliances helped to extend these capabilities to provide “seamless” services to customers everywhere in the world. With the migration of intelligence to the edge of the network, core network capabilities may become less relevant: users will provide their own capabilities through applications resident on their own equipment. As a result, customers may have become more concerned about local service issues rather than global services.

The global telecommunications industry is in the midst of a painful restructuring, working through massive levels of long haul overcapacity and the burden of debt. Its traditional value chain has eroded and carriers are searching for new formulae for success.

In the coming era of Irrelevant Networks, service providers need to focus on achieving greater excellence in the provision of local access, rather than global services. Customers will challenge communications providers seeking excellence in customer support, excellence in network performance reporting, excellence in guaranteed quality access transport services, with measured availability and well-managed throughput and inter-connectivity to multiple major network backbones and interchange points.

It is possible that competition for carriers will come from providers of IT infrastructure, which may seek to provide managed network services as a means to increase the value they bring to their clients. Such challengers may serve as resultant opportunities for partnerships, extending the managed network service capabilities of carriers and providing development resources for customer and applications support technologies. As customers become more empowered to control their own networks, success will come from being seen as the very best local supplier, allied with similar minded technology providers.

In an era of Irrelevant Networks, the winners will be customers. Customers will be better served by competition to provide managed services. As intelligence increasingly migrates to the edge, customers benefit from increased empowerment and choice.

In the near future, will carriers recognize and respond to their potential for network irrelevance, in order to succeed in meeting these changing customer requirements?

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