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LARGE BUSINESS USER PANEL MEETING

14 September 2000

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AGENDA

10.30am     Market Research Workshop

12.30pm     Buffet Lunch

1.30pm       Meeting

1. Introduction

                               2. Minutes of last meeting         

                               3. National Leased Lines in the UK (Tim Cross, Oftel)

                               4. Comparable Performance Indicators (CPIs) (Chris Rowsell, Oftel)    

                               5.  CLI Presentation Numbers (Frank Phillips, Oftel)        

                               6.  Mobile Market Review (Heather Clayton, Oftel)       

                               7. Other Issues

              7.1 Regulation of BT Re-organisation

               7.2 LBUP website

                               8. AOB

                              9.   Future meetings: Dates and Items
5pm Close


WORKING PAPERS FOR AGENDA ITEMS

3. National Leased Lines in the UK

4.Comparable Performance Indicators

6.Mobile Market Review

WORKING PAPER FOR AGENDA ITEM 3

National Leased Lines in the UK – Effective Competition Review

Issue
Oftel published its consultation document on national leased lines in August 2000. This is the first stage of its effective competition review for national leased lines. The document sets out Oftel’s analysis of the state of competition in the provision of national leased lines and the various policy options Oftel is considering.

Questions to consider

Benchmarking
Question 1: Do you agree with Oftel’s conclusion that customers of retail leased lines in the UK are not getting the "best deal" compared to customers in other European countries and in the US?

Market analysis
Question 2: Do you agree with Oftel’s view that retail leased lines are a separate economic market? Please provide information on both demand and supply side substitutability in your answer, with data where possible.

Question 3: Do you agree with Oftel’s assessment that the retail leased lines market is not currently effectively competitive? If possible, please supply data that supports your answer.

Question 4: Please explain why consumers purchase retail leased lines from BT in areas where they have a choice of operator. Does BT’s volume discount scheme provide incentives to purchase from BT instead of an another operator? If so, please provide any examples where BT’s volume discount scheme may have, to some extent, influenced your choice of operator.

Policy options (see appendix for relevant excerpts from the leased line consultative document)
Question 5: Do you agree with Oftel’s initial proposals that Option 3 and Option 5, in relation to analogue services, are the most appropriate policy options to pursue?

Question 6: Should Approach III, described in Oftel’s PCR consultation be extended to leased lines? What are the advantages and disadvantages of this? What practical arrangements would need to be put in place so resellers without any network infrastructure could buy terminating segments from BT but trunk networks from OLOs?

WORKING PAPER FOR AGENDA ITEM 4

Comparable Performance Indicators (CPIs)

The Future of Quality of Service Information Provision

The Telecommunications Industry Forum – which comprises telcos, consumer and business user groups, and Oftel – is currently revising the Comparable Performance Indicators (CPIs) publications. These are booklets that provide quality of service information for the major telecommunications operators in the UK in order to allow users to make informed decisions when choosing telecoms service.

The Purpose of the Review
The Industry Forum wants to ensure that CPIs are fit for purpose. That is, that the information that is provided is what different types of users want, presented in the way that companies want and is provided in the most appropriate medium.

The Industry Forum recognises that different users have different demands for information on quality of service. Currently, the results are split by residential (including SoHo) and business. However, it is felt that large businesses may have very different demands to small or medium sized businesses.

Gaining the feedback of different sectors of the market is essential in ensuring that CPIs are actually delivering benefits to users.

Important Issues for Consideration
One of the most important issues is whether the parameters used are those that users want. The enclosed questionnaire aims to capture those areas that you believe are most appropriate. I would appreciate it if you could take the time to fill in this questionnaire prior to attending the meeting. We are also surveying residential consumers and other sectors of the business market, so please respond from your perspective as a representative of large businesses.

I will be making a presentation at the meeting on other issues including the potential design and medium of CPIs. Hopefully we will have an interesting discussion on these issues. I have enclosed a copy of the current CPI business booklet, so you can see the way the information is presented at the moment.

I thank you in advance for your time in completing the questionnaire.

Chris Rowsell
Senior Policy Adviser – Consumer Issues
E-mail: chris.rowsell@oftel.gov.uk

WORKING PAPER FOR AGENDA ITEM 6

Mobile market review

Oftel’s strategy includes the principle that the level of regulation in each different market should be proportionate to the state of competition in each market. This requires that Oftel assess the state of competition in a series of "effective competition reviews". The mobile market review is one such review, others include leased lines and the internet.

For the mobile market, Oftel will assess whether its objective of "effective competition benefiting consumers" is being met, and whether - on the basis of the review – current regulation remains appropriate. Broadly, Oftel will examine the market segment containing those services covered by the mobile PTO licence (although Oftel will be defining the relevant economic market more precisely).

During September, Oftel will launch the mobile market review with a document describing its broad scope. Prior to the launch, Oftel met various stakeholders, including consumer representatives, network operators and service providers, to provide information on the review’s scope and process. The meetings were important, as all have helped to refine Oftel’s thinking. Oftel plans to complete the review in Spring 2001.

Questions

  1. How good a deal do you think large business users get in the mobile market in terms of price, quality, choice and innovation? How do you think this differs from SMEs?
  2. What data would you be able and willing to input into the review on the above measures?
  3. What impact has the evolution of the mobile service provider market had on the deal you get?
  4. How far do price and coverage differ between providers for international roaming, and how important an issue is roaming in your choice of provider?
  5. To what extent are special one-off deals available from mobile networks and service providers, and what forms do those deals most commonly take (e.g. pence per minute discounts, savings on administration)?
  6. How close are Dolphin and the GSM operators as substitutes in the mobile market?
  7. What mobile issues are of particular concern to you as large business users?

Appendix for Agenda item 3 – National Leased Lines

Excerpts from National leased lines: Effective competition review and policy options, Consultation document issued by the Director General of Telecommunications, August 2000

Oftel website address: www.oftel.gov.uk/competition/nll0800.htm

Option 3

4.16 Under Option 3 Oftel is considering regulating BT’s prices for wholesale terminating segment services. Therefore Option 3 can be summarised as Option 2 plus price control. BT would be required to offer wholesale terminating segment services, at all bandwidths, to other Annex II operators on non-discriminatory terms at cost orientated prices which are subject to price regulation. The price regulation would involve setting the initial prices for the services for the first year and then construction of an appropriate network charge control to regulate the prices for next 4 years.

Is Price Regulation Appropriate?

4.17 Oftel believes that there are two main issues which need to be considered in deciding whether price regulation of wholesale terminating segment services is appropriate.

4.18 The first issue concerns BT’s current pricing behaviour and to what extent its current prices are excessive such that it is making supernormal profits. If BT’s prices were excessive this would provide a stronger justification for imposing price regulation. Since the wholesale terminating segment services are not currently available it is not possible to examine the position in relation to the service which is to be regulated. Therefore, it is relevant to consider the extent to which supernormal profits are being made by BT on its sales of retail leased lines. As explained in chapter 3 and in Annex B, initial results suggest that BT may not pass all the appropriate tests for excessive profitability but further work is necessary.

4.19 The second issue relates cost efficiency. One of the main advantages of imposing price regulation in this context is that it would provide an incentive for BT to make cost efficiencies in relation to the provision of terminating segments. In a competitive market, firms have strong incentives to control and reduce costs. However in the case of a firm with market power it is possible that the firm will make fewer cost efficiencies due to the reduced pressure to seek cost savings. As explained in chapter 3, Oftel believes that BT is dominant in the market for terminating segments and therefore it will not have these incentives to reduce costs and these cost inefficiencies would be likely feed into higher retail prices. However, if price cap regulation is introduced this will provide incentives for BT to make cost efficiency gains and thereby reduce retail prices from what they might have been if only Option 3 were implemented.

Form of Price Regulation

4.20 Oftel has considered, if it were to price regulate, what would be the form of the price regulation. A detailed discussion of these issues is set out in Annex G. Briefly, Oftel is proposing that prices would be regulated on a LRIC plus a mark up (to allow the recovery of common costs) basis. Oftel is also proposing that it would place one overall control on BT’s prices for wholesale terminating segment services and not regulate individual prices at each bandwidth. BT’s prices would be set on a geographically averaged basis but BT would be allowed to offer discounts from the averaged price in certain areas where it faced lower costs or more competition. These discounts would not, however, contribute to BT’s obligation to meet the overall price control. Thus, while BT would be able to lower its charges for wholesale terminating segment services in one geographical area, such as CLZ, it would not be able to raise prices in other geographic areas. Therefore, consumers in non-competitive areas will be protected from higher retail prices resulting from higher terminating segment prices.

Potential Outcomes

4.21 The potential outcomes arising from Option 3 will be those that have been discussed above in relation to Option 2, but with some important differences. In addition, two other possible impacts are also considered below.

Alterations to Option 2 outcomes

4.22 One of the outcomes discussed above is increased competition in retail leased lines which should result in lower retail prices. Under Option 3 it is more certain that this outcome will occur and it is likely that price reductions will be greater than under Option 2. Oftel will set the overall price level for wholesale terminating segment services by determining the amount of common costs between these services and other network services (such as PSTN and other data services) which BT is able to recover from wholesale terminating segment services. However, under Option 2 BT will be able to determine the amount of common costs to be recovered from wholesale terminating segment services (within constraints imposed by its licence and the CA), and it may choose to recover a greater amount of common costs than Oftel would allow under Option 3. If this is the case, higher prices for wholesale terminating segment services will result under Option 2 than under Option 3 and therefore retail prices under Option 2 are likely to be higher than Option 3.

4.23 Inaddition, if Option 3 were implemented the scope for BT to conduct the margin squeeze discussed above would be reduced. The margin squeeze concerned would be caused by BT raising the price for wholesale terminating segment services while reducing its price for retail leased lines. However, under Option 3 BT’s ability to raise the price of wholesale terminating segment services would be subject to a greater constraint than under Option 2 and therefore it is less likely that BT would be able to impose the margin squeeze.

Cost efficiencies

4.24 It is anticipated that the wholesale price cap for terminating segments will provide BT with an incentive to make cost efficiency gains. Under Option 2 it is unlikely that this outcome will occur. This means that Option 3 is likely to result in lower retail prices than under Option 2.

Rebalancing

4.25 Oftel has considered whether, if it were to regulate BT’s prices for wholesale terminating segement services, BT would have to rebalance its local end and main link retail prices. There are two types of rebalancing which are potentially of concern. The first relates to rebalancing between local end and main link prices and the other relates to rebalancing of local end prices between different bandwidths. In relation to the first type of rebalancing, it appears that BT’s overall returns on local ends cover both LRIC and a markup for common costs and also a reasonable return on capital and therefore it appears that rebalancing between main links and local ends is unlikely.

4.26 The second type of rebalancing is an alteration in relative prices of local ends at different bandwidths. Oftel believes that, if the form of price cap explained above were adopted, such rebalancing will not be required. However, it does appear on the basis of cost information from the top down cost model that BT may choose to make adjustments to ensure that prices at individual bandwidth better reflect cost. In particular BT may increase the price of 2 Mbit/s local ends and reduce the price of kilostream local ends. If this occurred its effect would be that 2 Mbit/s own exchange circuits and short distance circuits may increase in price, while kilostream own exchange circuits and short distance circuits may fall. If a different form of price cap were adopted, where different bandwidths were subject to separate price caps, then this type of rebalancing may be required by the structure of the price cap. This issue is discussed further in Annex G.

Implementation

4.27 If Oftel were to implement Option 3, it is anticipated that it would set the initial wholesale pricing rules for wholesale terminating segment services which would apply until October 2001 and thereafter an appropriate network charge control would come into effect. To the extent that this price regulation can be satisfactorily implemented by way of a direction under the ICD, rather than by a specific licence condition, the Director General may pursue this route. Alternatively, the price regulation would be implemented as part of any licence modification required to implement the future PSTN charge controls according to the procedure as set out in section 12 of the Telecommunications Act 1984 (TAct).

Option 5

4.30 The final policy option is safeguard retail price caps on BT’s prices for retail leased lines. A safeguard price cap is a price control which prevents those price levels from increasing by more than the inflation rate during the period of the control. The purpose of such a price cap is not to be a binding constraint on the prices controlled, because it is implemented where Oftel expects competiton to the service to become effectively competitive during the price control period, but rather to provide a safeguard for customers in case this judgment proves to be over optimistic.

4.31 As explained in chapter 3, Oftel’s review of effective competition in the provision of retail leased lines suggested that it was not competitive. Accordingly, Oftel does not believe that retail safeguard caps on their own are an appropriate form of regulation to introduce. However, Oftel has considered whether they may have a role if Option 2 or 3 are implemented. In particular Oftel has considered whether the existing caps on analogue and digital up to 64 kbit/s, due to expire in July 2001 (subject to the rollover provisions) should be retained. As explained above, Oftel believes that if Options 2 or 3 are implemented this should lead to increased competition in retail leased line services and therefore BT’s prices of those services will be constrained. However, Oftel has considered whether these competitive pressures are likely to be sufficient in the case of analogue and small digital services.

Analogue Circuits

4.32 As discussed in chapter 3, to date there has been virtually no entry by OLOs into the provision of analogue services and the price cap has been binding on BT’s prices. Oftel believes that in the future, given the availability of appropriate wholesale inputs, it is possible that OLOs may begin supplying analogue services and therefore competition may be a sufficient constraint on BT’s prices for analogue circuits. However, analogue circuits are a declining segment of the market and therefore operators may choose not to enter into the provision of these services. It is difficult to predict what will happen and therefore in order to protect consumers Oftel believes it would be appropriate to retain the safeguard price cap on analogue services throughout the UK. Of course, if competition does develop the price cap will not be binding on BT’s prices and therefore the regulation does not appear to be disproportionate to the competition concerns identified.

Digital Circuits up to 64 kbit/s

4.33 As discussed in chapter 3, there has only been limited entry by OLOs into the provision of digital circuits up to 64 kbits and the existing safeguard cap has not been binding on BT’s prices. As in the case of analogue services Oftel believes that in the future, given the availability of appropriate wholesale inputs, more entry will occur and competition should constrain BT’s prices. However to date entry by OLOs has been limited even in areas, such as CLZ, where OLOs have their own access networks which may suggest that even with the appropriate wholesale inputs available OLOs may not supply these bandwidths to a significant extent. Therefore there is a risk that competition will not be sufficient to constrain BT’s prices. However, given that this is a growing segment of the market, on balance Oftel believes that the safeguard cap is not appropriate.

Implementation

4.34 If Option 5 were to be implemented this would be done by means of a licence modification according to the procedure set out in section 12 of TAct.

Future Option – Introduction of Resale of end to end leased lines

4.35 In Oftel’s recent Price Control Review ( Price control review, Oftel, March 2000) (PCR), Oftel asked about the impact on competition from the existence of resellers of BT’s services. Oftel discussed how the competitive impact of resale depends to a large extent on the terms on which resellers are able to gain access to BT’s network. At present, Annex II operators purchase network interconnection services from BT at charges based on BT’s costs, whereas resellers not deemed to have Annex II status purchase services from BT at charges based on BT’s retail prices. The difference between the prices offered to Annex II operators and resellers essentially represents BT’s profit margin, which is significant. One of the options in the PCR (Approach III) proposed that resale of BT’s network services could offer greater opportunities to increase competition if charges to resellers were not based on BT’s retail prices. Cost-based charges for resellers similar to those enjoyed by Annex II operators, may increase the scope for competition from resale.

4.36 Approach III could be extended to leased lines if Options 2 or 3 were adopted. This would mean that resellers should be able to obtain BT’s end to end leased lines at the equivalent price of the Annex II price for terminating segment and retail priced trunk segments. This arrangement might enable resellers to place increased competitive pressure on the retail prices of leased lines, particularly if it were possible for resellers to purchase the trunk segments from other carriers.

4.37 If Approach III of the PCR is adopted in the future price control regime and if Option 2 or Option 3 were adopted, it is anticipated that Approach III would be extended to leased lines. The final statement of the leased lines review and the next statement of the PCR would co-ordinate any application of Approach III to leased lines.

Conclusion and CBA

4.38 In this chapter Oftel has discussed the various policy options which it is considering in the light of its conclusions of its effective competition review set out in chapter 3. On balance it is Oftel’s view that the most appropriate policy option is likely to be Option 3. This option will result in proportionate regulatory action. Option 3 targets regulation on the relevant wholesale market, namely the market for terminating segments, which Oftel believes is the barrier to the development of effective competition in the provision of retail leased lines. Option 3 also appears to offer the best propsect of lower retail prices and creation of appropriate incentives for BT to make efficiency gains. In addition to the qualititive assessment of the various policy options Oftel has attempted to quantify, so far as possible, the costs and benefits which would occur if the main policy options, namely Options 2, 3 and 4, were implemented. This cost benefit analysis (CBA) provides further evidence to suggest that Option 3 appears to be the most appropriate policy option to adopt.


Notes of meeting of the Large Business User Panel

Present:

Panel members
Linda Parker            PriceWaterhouseCoopers
Rob Gaveglia          PriceWaterhouseCoopers
Andy Goodey         Corporation of London
Martin Rayment       BAA
Chris Bell                 BBC
Vivienne Peters       American Express
Janet Parkinson       EDS

Oftel
Alan Pridmore (Chair)
Elizabeth Greenberg (Panel Adviser)
Maura Crawford
Tim Cross
Chris Rowsell
Rosalind Stevens-Strohmann
Frank Phillips
Heather Clayton

MEETING LARGE BUSINESS USER PANEL

ITEM 1 Introduction
1. The Panel agreed the agenda.
ITEM 2 Matters arising from March 2000 meeting
2. The Panel agreed the minutes.
3. Oftel had re-considered the value of limited market research to gauge telecom markets. It had concluded that the isolated circulation of questionnaires to the Panel would not give a reliable indication of the demand for corporate numbering, and the action to do so was discontinued. It was brought to the Panel’s attention that Vivienne Peters and John Pook were part of the TMA subgroup addressing corporate numbering.
4. Oftel informed the Panel that there was little to report from the industry working group on mobile number portability. Further updates would be made once the new porting processes were finalised. A presentation on mobile Internet services would also be considered at a future meeting.
5. A Metering and Billing Workshop and Seminar was held on 18 April 2000, followed by a Workshop to review the Oftel Metering and Billing Standard on 26 June 2000. A further meeting of the working group was scheduled for 15 September 2000. It was noted that Linda Parker was present at the April workshop. A summary of the April and June workshops had been posted on the Oftel website at the following web address: http://www.oftel.gov.uk/meter/meet/meet0800.htm

The billing studies questionnaire had been posted on the LBUP website: http://www.oftel.gov.uk/largebus/BillingStudiesQuest.htm

Panel members were encouraged to complete and return the questionnaire to egreenberg@oftel.gov.uk

6. The Panel was informed that Oftel’s project managers had been contacted with a view to including items on the LBUP agenda. As a result, the CPI and mobile market review items had been included. Contact between the project managers and the Panel would be maintained.
ITEM 3 National Leased Lines in the UK
7. Tim Cross gave a presentation on the National leased lines: Effective competition review and policy options Consultative Document, August 2000. The document set out the results of Oftel’s effective competition review of national leased lines, which had considered the competitive position of the wholesale and retail leased line market. It also explained the terminology used in the discussion of a typical leased line, which was critical to an appreciation of the market. The review looked at ‘top down’ and ‘bottom up’ models for the cost of leased lines and analysed the difference between the 2 sets of costs. It was acknowledged that analysis had been restrained by BT’s fully allocated cost accounting system, however Oftel was comfortable with its general conclusion that the retail price for leased lines was too high. The consultative document identified key policy proposals and highlighted 3 favoured options. Panel members were encouraged to submit a response to the consultation, which closed on 27 October 2000.
8. The Panel felt that the questions posed by the consultation were in the right direction but were not the correct questions from a practical point of view. A diagram featured in the presentation and the consultative document, explaining the terminology used in the leased line relationship, was seen as too simplistic. It presented the relationship as 2 local ends, rather than the reality of pieces of copper connected to different termination points. The Panel felt the lack of infrastructure competition allowed BT to take advantage of inconsistencies in its pricing strategy. For example, BT charged for 10 yards of interconnection cable from a termination point as a local end, even if the termination point was on-site. The diagram ignored such scenarios. Oftel acknowledged the diagram worked for most types of circuit but did not cover locally provided leased lines.
9. Panel members anticipated that LLU would have a significant impact on the lower bandwidth leased line market. It was felt that through LLU, businesses would be able to obtain 2 copper ends at vastly cheaper prices than currently available. However, it was suggested that the LLU cost model was not consistent with the price models for leased lines. Oftel explained that there was more consistency in the approaches if the ‘bottom up’ model for leased lines was used. The Panel felt it was difficult to assess without knowing the level of return on retail overhead. In general, the Panel members expressed concern over the analogue and ‘copper end’ markets.
10. One suggestion from the Panel was that BT offer OLOs ‘wholesale plus’ prices for leased lines to OLOs. The OLO would then pass the same price onto large businesses. The OLO would make a profit from the other services offered to the customer. Large business customers and OLOs would then benefit from a competitive market without the need for intrusive regulation.
11. Panel members reported that in the leased line market, BT did not always promote its best value or most appropriate products, such as its full range of analogue circuits. Also, since BT had revised its pricing structure, the adaptability of products had been reduced. For example, BT had ceased to provide linkcable with varying numbers of pairs. The Panel wondered whether a customer lobby would gain Oftel’s involvement in ensuring that desired products remained available from BT.
ITEM 4 Comparable Performance Indicators
12. Chris Rowsell, CPI Project Manager, gave a presentation on the recent revision of the CPI booklets. Since their launch in 1995 a larger number of operators had become involved and an improved presentation format was required. A new contractor had been employed who had made interim improvements to the layout, including the presentation of information in portrait format. However, a more radical review of the CPIs was planned. The CPIs were funded by the industry and there was no charge for a booklet. One of the issues to be considered was whether funding for improved CPIs should be financed by making a charge for the booklets. The CPIs were a combination of market research data and factual information. Oftel was seeking from the Panel feedback from a large business point of view.
13. Chris Rowsell sought feedback from the Panel members on the profile and usefulness of the CPIs to large businesses. Whilst half of the attendees were aware of their existence, only 2 members had read them. Opinion was that visibility was low. The general message from the Panel was that CPIs should be of great benefit to residential users and SMEs if given a higher profile, but were not needed by large businesses. They could possibly be used as a reference tool and to negotiate better quality of service, and may influence some decisions, but only if data was kept separate from residential statistics. The medium to large business telecom user was more likely to depend on service level agreements with telecoms companies and decisions on performance would be contract based. It was doubted whether the type of statistics reflected in the CPIs would be of any use to the large business user. Quantifiable data such as the time taken to deliver services would be more beneficial. Another issue for large businesses was the collective grouping of different types of operator, such as Colt and MCI WorldCom, whereas a presentation that reflected the different types of service would have been more useful.
14. The Panel went on to discuss the use of CPIs in general. It was suggested that CPIs could be combined with the top 10 complaints received by Oftel’s Consumer Representation Section. This would help to uncover customers’ worries and dissatisfaction with telcos and shed light on reasons for churn. The inclusion of an audited set of telcos’ own complaints was also discussed. The Panel agreed that the new look CPIs were an improvement, making the information easier to understand and more instantly appealing. An easily navigated Internet version was suggested. It was felt that once the radical review of the CPIs had been completed, there should be a big publicity relaunch and perhaps an advert on the back of telecoms bills.
ITEM 5 Dispute Resolution Procedure – ADR subgroup
15. Rosalind Stevens-Strohmann explained to the Panel that in accordance with Regulation 37 of Revised Voice Telephony Directive (RVTD) an industry funded ombudsmen would be set-up to address disputes between telecoms users and fixed telecom operators. The Alternative Dispute Resolution (ADR) scheme needed to be put in place by 1 June 2001. Rosalind stressed the benefits of including a member of LBUP to ensure large business user interests were represented. The subgroup would be of approx 8 people and would be meeting every 2/3 weeks from October to December. It would be chaired by Oftel and would also include telco representatives. It was hoped that the same people would attend all meetings to ensure consistency. It was envisaged that the industry representatives would do most of the work outside of the meeting and the meetings would be used to review the work packages. Panel members were asked to consider representing LBUP on the subgroup. Oftel to contact all Panel members with details of the subgroup and request nomination

Panel members to consider being part of the ADR subgroup by 20/09/00

ITEM 6 CLI Presentation Numbers
16. Frank Phillips led a discussion on the implementation of type 3 presentation numbers. Further to negotiations with operators Oftel had made charges to the implementation policy contained in the February statement. As a result, the ability for businesses to transfer authorisation to use type 3 presentation numbers between networks had been approved in principle. The Panel was asked to consider the draft Code of Practice (COP) which clarified responsibility for type 3 presentation numbers and comment on whether it was workable or appeared over cumbersome. Oftel encouraged businesses to approach their operators for type 3 numbers, as action would hopefully assist in the implementation of the COP. The Panel felt the intentions of the COP were good, but a number of technical rather than regulatory problems had arisen, causing implementation of presentation numbers to be poor. The Panel felt consideration of real implementation problems would be valuable. It was suggested that Panel members follow the discussions of the CLI interest group on the following website: http://www.oftel.gov.uk/cligroup/index The website contained meeting notes and reference documents, including the draft COP. Panel to offer comments on the COP to Frank Phillips.
17. The Panel members were particularly concerned that technical problems were affecting the ability to implement presentation numbers correctly. An issue concerning VPNs’ inability to send DDI CLIs once the call broke out of the VPN was raised. The use of presentation numbers should avoid the risk of Anonymous Call Rejection (ACR), however it appeared DDI CLIs could not be obtained from a VPN or the GTN. Panel members had reported the issue to BT and were seeking an upgrade to reduce the instances of ‘number unobtainable’ being sent out. There was a concern, as it was believed many businesses would opt for ACR. Also, the Panel saw the purpose of CLIs as allowing a call to be traceable, but without DDI CLI, it was difficult to leave a meaningful CLI with a customer. With a large business, the call could have been made from any site, and a return call to a type 3 presentation number was likely to be a meaningless call.
ITEM 7 Mobile Market Review
18. Heather Clayton spoke to the Panel about Oftel’s review of the competitiveness of the mobile market. Reviews of telecoms markets were conducted every 2 years to ensure that the level of regulation was proportionate to the effectiveness of the competition in that market. The review covered the 4 mobile operators and Dolphin. Oftel was in the process of meeting with various consumer groups and collecting data on prices, trends, availability of information etc. Data had been collected from SMEs and feedback was being sought from large businesses via the Panel members. Any data that the Panel could provide would be appreciated. The anticipated result of the review was that the mobile market had the potential for, but had not yet achieved, effective competition.
19. The Panel discussed their experiences of competition in the mobile market. It was agreed there were problem areas, particularly with roaming and porting. The cost of roaming, both inward and outward from the UK, plus the availability of information on the costs were cited as areas worth considering in the review. There was some concern that collusive pricing was hindering competition, causing operators to effectively discriminate against each other with high call termination rates. It was felt difficult to find an operator that offered quality in all areas, those that offered good tariffs might have a poor approach to customer service and fault resolution, and vice versa. It was felt some mobile operators were better geared to the needs of corporate customers. It was generally agreed that the cost of using mobiles was still too high and the quality of service did not match the expense. It was established that corporate customers benefited from some special unpublicised deals from operators, but it was felt that the level of discount did not sufficiently reward corporate customers for the size of order and operator loyalty.
ITEM 8 Other Issues

20. 8.1

Regulation of BT re-organisation
At the time of the meeting, there was little to report to the Panel on the regulation of BT following its re-organisation. Any changes to Oftel’s regulation of BT would be publicised as part a consultation. The issue would be re-visited by the Panel once the position was clearer.
21. 8.2 LBUP Website
Maura Crawford spoke to the Panel about the new website for the LBUP. An introduction to the work of the Panel, a set of meeting minutes and the billing studies questionnaire had already been posted at the following address: http://www.oftel.gov.uk/largebus/index. The website had a section available for general access, plus a closed user group section for Panel member access only. The closed section, which was currently under construction, would contain working papers and documents of a sensitive nature, which would seek Panel member’s input into formulating policy. Once launched, individual case sensitive passwords would be sent out to Panel members. It was hoped to construct a chatroom for Panel members in the future. Feedback on the website was welcomed.
ITEM 9 Any Other Business
22. 9.1 Feedback on Workshop
It was agreed that the concept of a workshop was a good way to share ideas and develop best practice. Attendees at the morning Market Research workshop reported that it went well even though the attendance was low. However it was felt that the deliverables were not entirely clear, and those present expected some result from the feedback given.
23. 9.2 BT market research
It had come to the attention of some Panel members that an independent research organisation had been seeking market information from large businesses on behalf of BT. It appeared the organisation was seeking views on a range of new BT products. It was also reported that BT had offered, for a fee, the use of members of its staff on a placement basis, to manage order placement, faults and billing. Some Panel members had already negotiated the use of BT experts as part of their contracts.
Future meetings
24. Date of next meeting:
  • 18 January 2001, 11am at Oftel, 50 Ludgate Hill, London EC4M 7JJ
25. Suggested topics for next/future meetings:
  • Regulatory effects of BT re-organisation
  • Oftel viewpoint on how to regulate the converged industries of telecoms/IT/broadcasting
  • Mobile Number Portability Process
  • Mobile Internet services
  • Implementation of CLI presentation numbers
  • Update on E-Commerce/Internet/Bandwidth presentation concentrating on ADSL
  • Possibility of inviting DTI to speak about SPAM and the E-Commerce Directive

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