available in September 2007.
Source: France Telecom.
DSTI/ICCP/CISP(2007)2/FINAL
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Access to next generation access fibre networks
There is widespread agreement that infrastructure-based competition provides the most sustainable
and effective level of competition in the communications market. In those circumstances where the
establishment of networks competing with incumbents’ NGA networks is not considered feasible, the
pursuit of policies to promote inter-modal or service-based competition is an important goal. There is also
general agreement that availability of next generation networks access is a crucial element in the provision
of new broadband-based services and applications. Although regulators understand that the policy
challenge for NGN access is to strike an appropriate balance between market incentives and ensuring an
appropriate level of competition in access network markets, there is much less agreement on how to
implement this policy challenge and ensure that such networks are made available with maximum
geographic coverage and at affordable prices.
The existing model used by the majority of OECD regulators to promote competition where there is
significant market power is through local loop unbundling. This model will be limited in use in a fibre
environment. In a PON network local loop unbundling is only possible if this has been taken into account
before network roll-out begun by allowing competing splitters to access the network in street cabinets,
local exchanges or in buildings. Table 3 summarises unbundling possibilities. While wholesale broadband
access may be available on all type of PON networks other issues are raised. These issues are linked to
traffic prioritisation practices used by the owners and operators of networks which may limit the quality of
service of third party users and which do not provide non-discriminatory access to services and
applications of third parties.
In the context of fibre networks policy makers and regulators have, in general, three broad scenarios
to choose from. They can:
1.
Allow free rein to the market – no ex ante unbundling requirements
The market would be allowed to determine the development of fibre networks. This choice would
accept arguments that investment in fibre networks by incumbent operators is taking place in a market
open to competition as compared to investment in copper networks financed by monopoly rents and cross-
subsidisation. In such a scenario such new investment should not be subject to ex ante regulation.
There are two possible market scenarios arising where investment in new fibre networks takes place
without any ex ante regulation. The first is that competition develops as new entrants also invest in fibre or
develop alternative network infrastructures capable of delivering NGA functionality. The economics of
certain next generation network technologies may make deployment more or less likely in particular
geographic areas (see Figure 4 above).
The limitations faced by new entrants are significant, especially with respect to the reach of their
existing networks and their ability to obtain access to rights of way and ducts. It is thus difficult for new
entrants to replicate an NGN access infrastructure. Incumbents have the financial power to obtain
financing for such access networks relative to new entrants. Their market position provides them with
much more certainty in obtaining financing since incumbents have much higher revenue streams from
existing services than new entrants and they are less likely to go bankrupt. For the same reason they are
likely to obtain cheaper loans.
57
In a number of countries the fact that incumbents are partially
government owned and may, in the eyes of the financial market, be the designated universal service
provider also puts them in a more favourable position. In addition, a large percentage of costs in rolling-
out new fibre networks are construction costs related to conduits and rights of way. Construction costs
could be significantly higher for operators if they do not already have access to rights of way and ducts.
Operators need to be able to replicate a fibre network as efficiently as existing operators. In this case, then,
DSTI/ICCP/CISP(2007)2/FINAL
26
it would be unnecessary to impose any access requirements (at least
ex ante) on the incumbent’s fibre
network. The economics of fibre is such that the returns to investment in a fibre to the home network are
sensitive to market share, which implies that there could also be a significant first mover advantage.
58
In countries where there is extensive availability of cable television networks, the upgrading of these
networks into hybrid fibre/cable networks would provide competition to NGA fibre networks. However,
in duopolies there could be the potential for price collusion and less consumer choice, as well as the danger
of tacit or overt co-operation to limit market entry. Where market power is exerted, this could well be
mitigated through competition, even if it is limited, from other networks – for example, voice competition
and data access (even if speeds are relatively slower) can be achieved through high speed wireless
networks. High definition terrestrial television services may be able to compete effectively against IPTV or
cable TV services. The high speed broadband access market could well be a natural duopoly market
because of large economies of scale and sunk costs. If this were the case and the market does not develop
facilities-based competition, then remedies will be required. While a duopoly may have benefits over a de
facto monopoly market structure, it is far from ideal from the competition perspective.
However, the second scenario is that by allowing free rein to the market the incumbent attaining a
dominant position and exerting market power in the next generation access market which would be
extremely difficult, ex post, to correct through regulatory measures. This is because the configurations of
many fibre networks (e.g. see configuration (a) in Figure 1) do not allow for unbundling or allow for
unbundling but only at a high cost. In most cases only wholesale broadband access will be feasible and it
is not evident that service competition will be sufficient to create effectively competitive markets.
A question which a number of regulators have begun to consider is how to achieve competition in the
next generation access market if facilities-based competition does not occur and a single operator becomes
dominant in the market. One remedy under consideration, which is viewed as a last resort, and which has
many detractors, is the possibility of implementing either structural or functional separation of the fibre
local loop from the NGN application and service level. The EC has proposed that the power to implement
functional separation should be part of the regulator’s toolkit and some European Union countries are
actively considering this remedy following the UK’s initiative to functionally separate BT (See Box 4 on
network separation).
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