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CHAPTER
4: PROMOTING NETWORK COMPETITION
INTRODUCTION
This chapter
sets out the work Oftel is undertaking to promote fair, efficient
and sustainable network competition.
This chapter
is about Oftel's most important work. Oftel remains strongly committed
to the development and maintenance of competition from and between
network operators (infrastructure competition). Competition from
service providers and between service providers and network operators
can provide additional choice for consumers and is therefore to
be welcomed. Network services are, however, a crucial element in
delivering Oftel's goal. Without network competition, there is a
risk of consumers being disadvantaged by any inefficient and/or
expensive provision of network services which are an essential input
to any services provided over networks.
A key plank
in the development of network competition is to promote competition
in the access network (operators who own the line from the customer
to the exchange). Cable operators are rapidly building out their
networks and offering direct competition to BT, particularly for
residential customers. Radio based operators, eg Ionica, will be
starting to offer service in 1996.
To promote
network competition Oftel has sought to remove barriers to entry
to the market which derive from BT's position as a monopoly supplier
prior to 1984. In particular Oftel has worked to develop fair arrangements
and charges for the interconnection of competitors' networks with
BT's. A key part of this work has involved the introduction of a
system of accounting separation for BT's different regulatory businesses
involving the production of audited regulatory accounts. There is
now an agreed list of standard interconnection services which BT
must offer to other operators and Oftel determines the charges for
these services. (Interim charges are set for the financial year
ahead on the basis of forecasts and the Final Charge determined
when regulatory accounts for the year in question are available).
PRIORITY PROJECTS
1. Liberalisation of international telecommunications
- Project manager: Caroline Varley
Sarah Chambers (w.e.f. 01.09.96)
- Project leader: Peter Davies
Project objective:
To promote liberalisation, competition and transparency in international
telecommunications.
Fit with Oftel's
objectives: This project aims to promote network competition and
provide a better deal to the customer through competitive choice
and value for money.
Participate
in ECTRA Ongoing
Issue the determination
on IDD Interconnection Charges taking into account move towards
full international liberalisation. May 96
Participate
in DTI review of the liberalisation of the international licensing
regime July 96
Review of accounting
rate regime end July 96
Following the
publication in 1995 of International Accounting Rates for OECD countries,
publish for all international accounting rates. December 96
2. Use of the radio spectrum - Project manager: Christopher Wright
- Project leader: Nick Steinitz
Project objectives:
To ensure that tranches of suitable spectrum are available to accommodate
requirements arising from growth in the telecommunications industry.
To ensure that spectrum allocations are made in an efficient manner
and are consistent with overall telecommunications policy. To influence,
on a continuing basis, the Radiocommunications Agency and DTI policies
in this area.
Fit with Oftel's
objectives: It is important to ensure that availability of spectrum
does not present an unreasonable constraint to entry into the telecommunications
market and to ensure that sufficient spectrum of the appropriate
frequencies is made available in a timely manner to accommodate
technological developments in telecommunications, particularly telephony,
and to meet international telecommunications requirements.
Oftel input
into work on spectrum pricing. April 96
Use of radio
for local access (award of licences for the provision of radio access
services at 2 and 10 Ghz)
- Oftel involvement
in the drawing up of licences April to June 96
- Oftel input
into guidelines and licensing process for DECT involving EU Member
States from July 96
- Oftel input
into the development of policy on the use of local access techniques
such as CT2 and PCS. Ongoing
Future use
of 50 MHZ of "frozen" PCN Spectrum
- Oftel input
into DTI decisions on the allocation of this spectrum. Date set
by DTI
Band 3 and
Mobile Data - to provide advice to DTI on allocations made from
time to time of further spectrum for Band 3 and mobile data. As
required
Identify by
direct consultation what telecommunications operators (both fixed
and mobile) want from the radio spectrum, and the relative importance
they attach to allocations in particular bands. July 96
3. Numbering policy - Project manager: Christine Farnish
- Project leader: Alan Pridmore
Project objective:
To review policy for telecommunications numbering and the administration
of the National Numbering Scheme, in full consultation with interested
parties, in order to ensure that number allocations support fair
and effective competition and that customers derive maximum benefit.
Fit with Oftel's
objectives: This project supports Oftel's objectives of promoting
network and services competition, securing fair trading and protecting
consumer interests.
In the light
of the 95/96 Numbering Demand Study, identify the main options to
ensure the Numbering Scheme meets future numbering needs. April
96
Refine and
evaluate the options taking into account: the future demand for
numbers, number portability, number mobility, fixed and mobile convergence,
multi-media developments, advances in telecommunications networks,
developing services competition, and the information customers need
in numbers. April-June 96
Publish a consultative
document which describes and evaluates the options and recommends
a future numbering strategy. July 96
Publish statement
on conclusions, future numbering policy, and outline of changes
to be made to the Numbering Scheme December 96
Draw up detailed
implementation plans and schedule January 97
4. Number portability - Project manager and leader: Alex Blowers
Project objective:
To agree and implement number portability.
Fit with Oftel's
objectives: This project is a major component in securing fair,
efficient and sustainable network competition by overcoming one
of the main barriers to customers changing operators.
Geographic
number portability
Further consultation
on BT licence modifications April 96
Informal consultation
on modifications to major OLO licences May 96
Discuss with
DTI the inclusion of a revised condition in new licences May 96
Modification
to BT's licence. Finalise Functional Specification. Make initial
determinations under BT's licence May 96
Formal consultation
on modifications to major OLOs' licences May 96
Complete modifications
to major OLOs' licences June 96
If necessary
reissue Functional Specification September 96
Non-geographic
number portability (including 0800)
Input into
numbering policy consultative document May/June 96
NICC to complete
necessary technical work on interim and long-term method of implementing
non-geographic portability July 96
Review which
non-geographic numbers to include in the Functional Specification.
Consult on proposed extension By September 96
Finalise Functional
Specification taking into account any relevant conclusions from
the numbering policy review November 96
Determinations
November/December 96
Operators begin
offering non-geographic number portability using interim solution
March 97
Mobile portability
(a) Between
service providers
Negotiate amendments
with network operators requiring their standard Service Provider
Agreements to require inter-service provider portability April 96
Draft and informally
consult on a licence modification to support this change May 96
Formal consultation
on licence modification as part of numbering policy consultation
document July 96
Complete modifications
October 96
(b) Between
network operators
Input into
numbering policy consultation May/June 96
Review responses
on paper circulated to industry July 96
(circulated
March 96)
If required
mandate NICC to look at technical issues
Draft and consult
on Functional Specification August 96
NICC complete
work October 96
Draw on conclusions
from numbering policy study to finalise policy on mobile portability,
and if necessary issue licence modifications for formal consultation
October 96
Make determinations
if requested January 97
'Full' portability
and converged services
Feed into public
consultation on numbering options July 96
Take decision
on 'full' portability and convergence issues as part of numbering
policy decisions October 96
Mandate NICC
to consider 'full' portability technical issues October 96
Oftel announcement
December 96
5. Policy on interoperability for network operators
- Project manager: Ann Taylor
- Project leader: Vince Affleck
Project objective:
To clarify the regulatory framework for decisions on what interconnect
services PTOs should be required to offer, identifying any appropriate
differences according to the market power of the operator.
Fit with Oftel's
objectives: Direct relevance to the promotion of network competition.
This project will also clarify the different treatment of basic
network services and enhanced service provision, so it will also
assist Oftel's objective of promoting services competition.
Focus Group
Initial framework
of interconnection requirements for when new retail service is introduced.
April/May 96
Discussion
with the industry in Interconnection Policy Forum May/June 96
Consideration
of guidelines/licence amendments September 96
Consideration
of obligations on access to new technology in networks
Discussion
paper for Interconnection Policy Forum June/July 96
Statement on
general approach to interconnection of new services June/July 96
PROJECTS
6. Interconnection determinations - Project manager: Ann Taylor
- Project leader: Vince Affleck
Project objective:
To fulfill the functions placed on the Director General under BT's
and other operators' licences in dealing with requests for determinations
on interconnection issues, in particular to determine charges for
standard interconnection services.
Fit with Oftel's
objectives: Central to the furtherance of network competition. The
annual determination of charges, and the re-determination are necessary
to ensure that operators pay interconnection charges which are fairly
derived from underlying costs of components.
Determination
of interim charges for 96/97 Draft published for consultation Early
May 96
Final June
96
Determination
of final charges for 95/96 Draft published for consultation September
96
Final December
96
Determination
of interim charges for 97/98 Draft published for consultation End
March 97
Other major
determinations
- IPLCs Final
May/June 96
- IDD, pre
April 1995 Final May 96
- Mercury International
waiver Final May 96
- Mercury National
waiver Final May 96
- ADC waivers
(final round) Draft April 96
Final June
96
Overview report
pulling together policy issues arising from determinations work
December 96
7. Network Interoperability Consultative Committee (NICC)
- Project manager: Peter Walker
- Project leader: Phil Baxter
Project objective:
To ensure the timely delivery of advice to Oftel on significant
technical issues related to policy developments, and stimulate continuous
improvement in the effectiveness of the NICC. Technical issues to
be addressed include the further development of interconnect signalling
standards, methods for achieving geographic and non-geographic number
portability and definition of interfaces for service providers.
Other aspects include the establishment of a Service Providers Interest
Group and a technical advisory body to advise the Director General
and provide strategic input for the NICC's activities.
Fit with Oftel's
objectives: Consistent with Oftel's objectives of promoting fair,
efficient and sustainable competition, by defining UK C7 (IUP) signalling
independently of BT Network Requirements, developing intelligent
network and database solutions for number portability, advising
on interfaces for the service provider and resale industry; and
by refining current provision of calling line identity.
Service Providers
Interest Group established May 96
Remaining UK
Interconnect signalling standards (C7) June 96
Agree deliverables
for NICC (and monitor on 3 monthly cycle) July 96
Recommendations
for non-geographic number portability July 96
Specifications
for interfaces for 'no-ring' calls timing to be agreed
Specifications
for interfaces CLI timing to be agreed
8. Development of accounting separation framework
- Project manager: Ann Taylor
- Project leader: John Bean
Project objectives:
The accounting separation framework is Oftel's key regulatory tool
for ensuring that interconnection charges are fairly derived from
underlying costs and that allegations of unfair trading can be pursued.
The project aims to ensure that the framework, introduced only in
1995, is operating effectively to provide Oftel with the regulatory
information it needs. The project is also addressing how the framework
should be adapted to meet the requirements of the new interconnection
charging regime coming out of the price control review. It is also
considering more broadly how far BT's financial information systems
provide Oftel with the range and depth of information needed for
regulatory purposes.
Fit with Oftel's
objectives: This work is crucial to furthering the objective of
network competition by enabling Oftel to be satisfied that interconnection
and other charges are properly and transparently derived from underlying
costs. The project also provides the essential underpinning required
for Oftel to be able to meet its fair trading objective.
Revision of
Financial Statements
- calls to
mobile April/ May 96
- treatment
of call/rental packages June 96
- review of
matrix of components and parts April/May 96
- implications
of the abolition of ADCs April/May 96
- review and
follow up each set Statements August 96 and February 97
Detailed Attribution
Methodologies
- pilot investigation
of single tandem, DLE cost allocations May 96
- plan approach
for rest of work May 96
- set up regular
meetings with BT and OLOs to take forward May-September 96
BT's Financial
Information Systems
- Review with
BT of current system and developments planned April-June 96
- Stock-taking
assessment July 96
New Interconnection
System
- link with
price control review on new interconnection system. Tease out impact
on accounting separation, reporting requirements, DAM etc. Need
for licence
modifications
April/July 96
- put in place
detail needed to meet requirements of new interconnection system
Autumn 96
- review adequacy
and scope of present CCA Financial Statements
Summer/Autumn
96
- identify
further information requirements for investigations of unfair trading
Summer/Autumn
96
Implications
of policy decisions on service providers
- assess any
changes needed to accounting separation framework to implement policy
decisions on Service Providers and SB/SSB split April/July 96
9. Alternatives to pence per minute charging
- Project manager: Alan Bell
- Project leader: Geoffrey Myers
Project objective:
To investigate the methodology to set interconnection charges on
a basis other than the current regime of pence per minute with time
of day charges tied to BT's retail tariff gradient. In particular,
to examine the practicalities of a capacity based charging regime
for interconnection.
Fit with Oftel's
objectives: This work explores the practicalities of an alternative
interconnection charging regime that could contribute to the objectives
of promoting fair, efficient and sustainable competition in networks
and services.
Through discussions
with PTOs, to identify issues relevant to the implementation of
capacity based charging, and to set out the further work required
to resolve outstanding issues. This project is dependent upon the
industry's interest in pursuing capacity based charging.
August 96
10. Revision of Mercury's Licence - Project manager: Fod Barnes
- Project leader: David Naylor
Project objective:
To ensure that Mercury's licence is appropriate to Mercury's market
position.
Fit with Oftel
objectives: This supports Oftel's objectives of promoting fair,
efficient and sustainable competition in networks and services by
removing the current requirement on Mercury to publish its tariffs
28 days in advance and bringing Mercury's licence closer (possibly
fully) into line with other non-dominant PTO slimline licences.
This also fits with Oftel's intention of reducing detailed prescriptive
regulation where possible.
Finalise arrangements
for statutory consultation on Stage 1 of this project which will
enable Mercury to publish its tariffs on an effective day basis
and allow Oftel to delete certain obsolete conditions. April 96
Statutory consultation
on Stage 1 May 96
Review responses
to consultation June 96
Agree Oftel
policy on Stage 2 of the project which will bring Mercury's licence
closer (possibly fully) into line with other non-dominant PTO slimline
licences August 96
Statutory consultation
on Stage 2 (timescale dependent on the Ensuring fair trading project
and the Liberalisation of international telecommunications project).
11. Kingston - Project manager: Sarah Chambers
- Project leader: Peter Davies
Project objective:
To agree with Kingston Communications Ltd (KCL) the amendments which
need to be made to its licence, to ensure it is consistent with
other telecommunications licences.
Fit with Oftel's
objectives: This supports Oftel's goal of ensuring that the customer
receives choice, quality and value for money. Kingston enjoys a
dominant position in the Hull area but does not have all the licence
conditions introduced into BT's licence following the end of the
domestic duopoly in 1991. Neither do customers in Kingston have
the range of choice available elsewhere in the UK.
Write to Kingston
with initial proposals August 96
Meet with Kingston
September 96
Firm proposals
to Kingston February 97
SERVICES AND
FUNCTIONS
Interconnection
Policy Forum
Oftel co-ordinates
regular meetings (six weekly) of an industry/Oftel working group
- the Interconnection Policy Forum (IPF) - which considers current
interconnection issues. This provides a very valuable way of allowing
Oftel to explain emerging thinking and take the industry's views.
The Forum has agreed to set up special Focus Groups to deal with
particular issues in depth and then report back. A Focus Group has
been established to look at the terms on which retail services involving
interoperability between networks should be interconnectable. This
should report back in the Spring. Focus Groups have also been established
to consider ETSI signalling and use of International ISDN Prefix
and Rerouting.
Advice on the
granting of licences
Oftel has the
function of advising on Telecommunications Act licensing generally.
The Secretary of State is required by the Act to consult the Director
General before granting telecommunications licences and the Director
General discharges that role in respect of the granting of and conditions
to be attached to PTO and major non-PTO individual licences, including
those for International Simple Resale and those based upon the class
licences. Oftel provides advice to DTI and to the public, on questions
concerning licensing, licence conditions etc, and, especially, the
interpretation of the two main class licences under which most private
networks are run, the TSL and the SPL.
Cable and satellite
issues
Oftel undertakes
ongoing work in relation to broadband cable, individual SMATV and
individual satellite licences, for example, monitoring compliance
with build obligations and taking necessary action where obligations
are not met; issuing determinations requiring licensees to provide
public emergency call services and regulating the supply by licensees
of customer apparatus. In addition, Oftel provides advice to the
ITC on the award of Local Delivery franchises and processing applications
for satellite master antenna television (SMATV) systems.
Regulation
of private networks and telecommunications standards
Oftel undertakes
activities on the regulation of private networks and telecommunications
standards. It administers the schemes for terminal apparatus approvals,
registered installers and designated maintainers. Activities include
issuing Site Specific Approvals, General Approvals, and General
Variations to enable equipment to be connected where there is no
alternative approval route. In this domain Oftel liaises with other
interested parties- DTI, British Approvals Board for Telecommunications
(BABT) and British Standards Institute (BSI) and participates in
UK and European fora such as European Telecommunications Standards
Institute (ETSI), Approval Committee for Terminal Equipment (ACTE)
and Telecommunications Regulations Applications Committee (TRAC).
Oftel also participates in European and other voluntary standards
making activities, in particular ETSI and the Digital Audio Visual
Council (DAVIC) in order to promote consistency with regulatory
policy.
Numbering administration
The Numbering
Unit in Oftel is responsible for allocating codes and blocks of
numbers to licensed operators in accordance with agreed policy as
set out in the 'Numbering Conventions'; for monitoring number and
utilisation allocations; for auditing the efficiency of number utilisation;
and for producing regular briefing information on the numbering
scheme and number allocation for the industry and others with an
interest.
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