July 11, 2006
Chris Berg, a research fellow at the IPA, had an op.ed. in the Australian Financial Review last week, which argued that the regulator telecommunication market (the ACCC) should butt out of shaping the development of fibre optic broadband network. I interpreted the piece as being opposed to the role of the regulator and as being very pro-Telstra.
Berg says that Telstra is a company that at least in theory should be aiming to maximise its financial returns. If a company, or individual for that matter, makes an investment in the market, they should be subject to their own judgement of what constitutes a fair return, not what a national regulator considers one to be. He adds:
The carrier built its copper-wire network under a government-imposed monopoly. It used taxpayers' funds to do so. Under these circumstances, it was perhaps reasonable to have a regulator open the network up to ensure at least the vestiges of competition. But there are very real problems with such a regulatory regime. Access-based competition encourages service providers, initially leeching off the monopoly provider's network, to step up the "ladder of investment" - slowly investing more and more in the existing infrastructure. This has its advantages in a marketplace with little innovation.
I would have thought that the introduction of ADSL2 by the small ISP's would be an example of innovation. It was Telstra that placed the bottleneck on innovation by capping the speed on its ADSL1 network and tried to spoil the competitive party. Berg, however, disparages this form of competition.
He says:
The ACCC's framework has encouraged the growth of small, fly-by-night internet service providers, whose business model is nothing more than a reliance on the ACCC-determined access prices. Country-wide, there are more than 250 of these ISPs, encouraged not by the whim of the free market, but by the decrees of the regulator. Given their perilous profitability, they are ill-equipped to withstand the rapid technological change of the sector.
Why so? These ISP's have been pushing the technological change after being provided with access to the copper-wire network that is part of Australia's public infrastructure. They have provided competition to Telstra. So the ACC has nurtured competition in telecommunications and has provided opportunites for better competition.The focus on supporting competition has given consumers new techologies (3G, fibre,wireless, broadband) more choice and better pricing.
Berg then shifts to the future proposals for fibre-optic broadband, Telstra is introducing this to future proof its network, which means defending its incumbent position, whilst planning faster broadband delivery to grow its business with its Fibre to the Node (FTTN network). Berg says:
But Telstra's competitors and the ACCC want to migrate the access-sharing framework, developed a decade ago for a monopoly network provider, onto a fibre-optic network developed by an entrepreneurial company with private capital. The FTTN network is highly speculative. Given the current state of technological innovation, it is a risky investment. Telstra must bear this risk alone.
So the regulator should butt out. It is the regulator stifling innovation and entrepreneurial investment. this does not make sense, as Telstra initially stated that it would only build its FTTN network if competitors were locked out, and subsequently put its plans on hold when it appeared unlikely that would happen. Telstra has also said that rolling out a FTTN network would "strand" the other ISP's investments in exchange-based DSLAM's, because the copper loop from the exchange to the "node" would be switched off by Telstra. Under pressure from the regulator Telstra has changed its position to to saying it would provide access on "reasonable terms".
The regulator, acting in the national interest, is trying to ensure fair access to the new fibre network in the absence of an alternative workable model to that proposed by Telstra. Australia needs some form of public infrastructure--that is the national benefit of FTTN can be significantly enhanced if the network is not exclusively owned by Telstra. Is this the first step in this direction---a consortium FTTP network being owned in part by Telstra, in part by other carriers and in part by investors? Should there be infrastructure competition? Should it be publicly owned?
Berg is spruiking for Telstra, isn't he?
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By being, until relatively recently, the only company in Australia that had feasible access to the copper network -- copper that was paid for with public funds -- Telstra was able to force existing ISPs to use its ADSL network instead of rolling their own. Its actions have decimated the once-vibrant private internet industry in this country. Rather than "fly-by-night" operators, private ISPs actually introduced internet access to Australia, against the objections of Telstra (we must recall Telstra's attempt to use ISPs and the Internet as a reason to introduce timed local calls to the country -- well before Telstra itself provided either retail or wholesale internet access).
It is surely no coincidence that as the economics of private ADSL DSLAMs have improved -- largely because of the ACCC -- and broadband adoption is starting to take off, Telstra is now looking not just to throttle the investment in copper technology, but to actually make existing investment worthless, by needlessly disconnecting the copper when FTTN is introduced.
The copper network was put into the ground by the PMG and Telecom and should never have been part of the privatisation of Telstra. Berg's assertions about private operators operating on profit margins dictated by the ACCC are laughable -- Telstra is operating a copper monopoly given to them by the government, and this monopoly is a terrible mistake.
People like Berg either don't know or don't care about the history of the Internet in this country, nor do they understand the technical underpinnings of the network or the anti-competative way in which Telstra has acted (and continues to act).
As you can see in this article, alternative proposals are well advanced. Perhaps Berg simply has bought a lot of shares in Telstra, and is simply trying to screw up the Internet in this country to make a profit.