Tariff regulation. TRAI-APT Workshop on Regulatory Framework. Rohan Samarajiva 7 September 2011
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1 Tariff regulation TRAI-APT Workshop on Regulatory Framework Rohan Samarajiva 7 September 2011 This work was carried out with the aid of a grant from the International Development Research Centre, Canada and UKaid from the Department for International Development, UK.
2 Agenda Tariff regulation: means and ends Performance on price: voice and broadband Regulator s contribution as indicated by TRE results Forbearance If not forbearance, what? Proposed solution: banded forbearance
3 Regulation is a means, not the end What matters are Tariffs of the services most people use: mobile voice Tariffs of broadband services, especially in countries where mobile voice has hit bottom, increasingly important
4 Nokia total cost of ownership study 2011 Voice + SMS TCO: Brazil = Bangladesh x 23 Voice, SMS& Internet TCO: Morocco = Sri Lanka x 57 Different business model in sub USD 10 countries? Budget Telecom Network (BTN) model Ave with Internet premium: USD Ave: USD USD per month Bangladesh Sri Lanka China Pakistan India Uzbekistan Kenya Egypt Vietnam Sudan Iran Ethiopia Cambodia Thailand Ghana Uganda Tanzania Haiti Indonesia Algeria Philippines Tunisia Bolivia Guatemala Mozambique Nigeria Senegal AVERAGE Syria Honduras Côte d'ivoire Kazakhstan Ecuador Dominican Republic Guinea South Africa Madagascar Angola Zimbabwe Burkina Faso DRC Colombia Zambia Malawi Chile Cameroon Morocco Turkey Chad Argentina Peru Brazil Monthly TCO (USD) Internet premium (USD) Source: Nokia
5 Fixed & mobile broadband prices in SE & S Asia, 2011 August: Mobile almost always significantly cheaper Thailand Indonesia Philippines Maldives Sri Lanka Bhutan India Pakistan Ann. Cost Cheapest Ltd Mobile Broadband Plan, USD Ann. Cost Cheapest Unltd Fixed Broadband Plan, min. 256 Kbps, USD Bangladesh Nepal Afghanistan All SEA countries & some SA countries offer speeds higher than 256 kbps
6 Tariff Regulation scores from 2011 Telecom Policy and Regulatory Environment Survey IN: best performer 3.9 Tariff Regulation Bangladesh India Pakistan Sri Lanka Indonesia The Philippines Thailand Fixed Mobile Broadband
7 Bangladesh, Pakistan and Sri Lanka also have low prices, but only the Indian regulator is rewarded... The value of forbearance Many countries included in the TRE studies practice de facto forbearance But the difference between de facto and de jure is that the latter improves certainty There is no likelihood of a tariff being held hostage for extraneous reasons Sensitive marketing decisions will not leak to competitors through the regulatory agency But, is forbearance practical only with the lowest HHIs in the world, which India has?
8 India has one of the highest levels of competition 0.70 HHI, Sep ' India Pakistan Bangladesh Sri Lanka Indonesia Thailand Philippines Maldives HHI, Sep '08
9 In countries with low levels of competition, operators with market power may set prices too high or too low Too high Suppresses demand Too low Through cross subsidization, price squeezing or predatory pricing Harm competition
10 Therefore regulators intervene in price setting Through various tools/methods Rate of Return regulation Price Cap Regulation Benchmark regulation Etc.
11 Price Cap Regulation Tells how much prices of a basket of services can change in each period (e.g., year) Typically, allowed revision = CPI x X = efficiency factor CPI = consumer price index PRICE new = PRICE previous * (1+(CPI-x)) Other variations
12 Creates incentives for efficiency; but what is X? Price is regulated, not profits Incentives to cut costs/be more efficient keep the profits during approved period But how is X calculated? X based on expected efficiency (but is usually negotiated) Information asymmetries E.g., if inflation 27%, x = 2% prices can increase 25%? In mobile? Resource intensive to implement properly
13 Avoid resource constraint through Asymmetric Regulation Asymmetric: treat different operators different Regulate prices of Dominant/SMP Operator only Has to file tariff plans; obtain approval Not regulate prices of other operators Can do what they like Or just file, but don t have to wait for approval
14 But doesn t solve all problems How to regulate SMP operator s prices? Pick a method for regulating price (Price Cap? ROR? Benchmark?) Same problems as before Leaves SMP operator very unhappy Everyone except my firm gets to do what they want Needs high level of competition to work Not useful in oligopoly Or if competitors shadow SMP operator s prices
15 Solution: Banded Forbearance (part of benchmark regulation) Benchmark regulation: Make regulatory decisions based on comparison with others Basic idea: Allow prices to freely fluctuate within a pre-determined band The band (the benchmark) itself moves over time
16 1. Pick the right indicator For mobile prices A mobile basket, based on OECD (now also ITU) methodology, modified as needed For broadband prices Etc. Monthly price of service plan at specified speed/download
17 2. Identify peer group to benchmark against Neighbors Culturally similar; belong to regional org. Economic peers Similar ability to pay, similar level of development Demographic peers Similar number of people (e.g., microstates) Geographic Island nations, land-locked countries, mountainous countries
18 3. Define benchmark period I.e., time frame during which the benchmark applies E.g. 1 year; 1 quarter etc At the end of the period, the benchmark is recalculated A new target is set
19 4. Define the band (options available) E.g. Benchmark +/- specified amount x 8 p p + x% Band p - x% Benchmark Price Price in Country Being Regulated
20 5. After the band is designed Players completely free to set/move prices within band Just inform regulator Not required to wait for approval as long as within band If plans are outside band, regulator investigates Lower than band: investigation on stated predatory/anticompetitive behavior criteria Higher than band: problem with cost structure?
21 Advantages of banded forbearance Once band is set, less resource intensive Operators have certainty (less regulatory risk) Rules known beforehand Able to check themselves if price within band Easier planning (less unknowns) Can apply to ALL operators including SMP Essentially deregulates incumbent s prices But provides safeguards
22 But setting the band is key Goal 1: set the band such that most players stay within the band most of the time (less investigations) Goal 2: set the band so that over time it moves down (except in countries where it has hit bottom)
23 Setting the band best done in consultation with all stakeholders Less opportunity for unhappiness Propose band open consultations final band Once done, everyone has to play by the rules
24 For detail, see: Samarajiva, R. & Iqbal, T. (2009). Banded forbearance: A new approach to price regulation in partially liberalized telecom markets, International Journal of Regulation and Governance, 9(1):
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