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CHAPTER
5: PROMOTING SERVICES COMPETITION
INTRODUCTION
This chapter
sets out the projects Oftel is undertaking to promote fair, efficient
and sustainable services competition.
Oftel is concerned
to promote competition in services over the network which may be
provided by network operators or independent service providers with
no network of their own. In 1996/97 Oftel will develop and implement
new regulatory policies aimed at promoting the emergence and growth
of services delivered over telecommunications networks, especially
enhanced services, in a way that does not jeopardise the development
of competing networks.
The increasing
digitalisation and convergence of broadcasting, telecommunications
and IT and the development of new services being delivered over
telecommunications networks means that Oftel will need to consider
whether and to what extent its regulatory regime needs adapting
to reflect these new developments.
PRIORITY PROJECTS
1. Regulatory change for service providers
- Project manager: Caroline Varley
- Project leader: Philip Sack
Project objective:
To develop and implement regulatory policies aimed at encouraging
the growth of a sustainable competitive market in services delivered
over telecommunications networks, especially enhanced services.
Fit with Oftel's
objectives: This project will promote fair, efficient and sustainable
services competition, in a way that does not jeopardise investment
in the development of competing networks.
Publish draft
licence modifications implementing new pricing arrangements, SB/SSB
split and accounting separation requirements June 96
Statutory consultation
to end June 96
Second stage
of final consultation early July 96
Modify BT's
licence, if BT agrees early August 96
Put forward
proposals for dealing with technical and other issues (eg numbering)
relevant to independent service providers to October 96
Provide input
to relevant EU negotiations including Interconnection and Licensing
directives
Ongoing
2. Convergence and broadcasting issues
- Project manager: Caroline Varley
- Project leader: Andy Miller
Project objective:
To equip Oftel to resolve issues arising from the convergence of
telephony, broadcasting and IT and specific issues arising for Oftel
from developments in broadcasting markets.
Fit with Oftel's
objectives: This project supports the objectives of promoting network
and services competition aimed at maximising benefits to consumers.
Review of NTL
licence. Negotiation of licence amendments in the light of the price
control review. To end May 96
Work with DTI
on the implementation of the requirements of the EC Directive on
Advanced Television Standards relating to the regulation of conditional
access for digital TV services.
To June 96
and beyond
Oftel input
to the OFT review of the pay TV market To September 96
Consider policy
issues in relation to set top boxes and related standards To September
96
Preparation
for the sale of the BBC transmission network including review of
BBC Telecommunications Act licence, consideration of price control
arrangements. Work with OFT to identify competition implications
of the sale of the BBC transmission network. Ensure those implications
are adequately addressed in the purchaser's licence. To April 97
and beyond
Other work
flowing from the Broadcasting Bill including licensing of multiplex
operators and operators' conditional access/subscriber management
systems. To April 97 and beyond
Consider whether
to advise the Government that the removal of the present restrictions
on BT, other national PTOs and Kingston Communications from conveying
entertainment services in their own right would be likely to promote
more effective competition in telecommunications, in line with the
commitment contained in the 1991 White Paper. 1997
PROJECTS
3. Regulation of broadband switched networks and services
- Project manager: Caroline Varley
- Project leader: Edwin James
Project objective:
To develop policy on a longer term regulatory framework aimed at
encouraging innovative infrastructure investment (including the
introduction of broadband systems) and services.
Fit with Oftel
objectives: This project supports the promotion of network and services
competition linked to Oftel's overall goal of achieving the best
possible deal for the customer.
Prepare and
publish a public statement on regulatory action following the "Beyond
the Telephone" document September 96
Consideration
of consumer issues arising from the development and introduction
of innovative services. September 96
Monitoring
of progress of industry's "video on demand" trials. Ongoing
Provide input
to Governmental groups on multi media developments. Ongoing
Remain aware
of, and participate as necessary, in discussions towards the development
of a global information infrastructure. Ongoing
Monitor, and
as appropriate, seek to influence developments within Europe, especially
DGs IV (Competition), X (Audiovisual Policy), XIII (Telecommunication
Policy) and XV (Internal Market), that have an impact on the development
of broadband networks and services in the UK. Ongoing
4. Customer interface regulation - Project manager: Peter Walker
- Project leader: David Naylor
Project objective:
To put in place appropriate controls on the PTO/customer interface
following the 1995 Consultative Document.
Fit with Oftel's
objectives: To promote fair competition and trading in the manufacture
and supply of customer premises equipment and to promote fair competition
in networks and services over networks.
Informal consultation
on licence modifications June 96
Statutory consultation
August 96
5. Fixed/mobile convergence - Project manager: Christopher Wright
- Project leader: Nick Steinitz
Project objectives:
To ensure that, as a converged services market emerges, it is as
fully open and competitive as possible and operates within an appropriate
regulatory structure.
Fit with Oftel's
objectives: The project is designed to contribute to developing
network and service competition, and increasing customer choice,
and ensuring fair trading.
Identify what
principal market demands are likely to drive the development of
converged services. June 96
Assess the
competition implications of possible forms of integration among
major networks. September 96
Review the
results from relevant work packages in other projects to see what,
if any, policy modulations are needed. Ongoing
6. Future of mobile service providers - Project manager: Christopher
Wright
- Project leader: Nick Steinitz
Project objective:
To ensure that the retail market for mobile telephony services is
as fully open and competitive as possible, given that radio spectrum
constraints set limits to the number of network operators.
Fit with Oftel's
objectives: This project fits Oftel's objectives of promoting fair,
efficient and sustainable network and services competition and securing
fair trading.
Ensure submission
of financial returns by tied service providers on continuing quarterly
basis, analyse and assess these returns and take enforcement action
as appropriate. Ongoing
Issue a Consultative
Document reviewing the effects of the above arrangements in the
mobile market, assess the responses and make a decision on possible
modifications to the regime Publication May 96
Consultation
to end August 96
Assessment
of responses and decision on modifications to the criteria and the
monitoring
regime end September 96
Ensure appropriate
Oftel input to EU decision-making process regarding mobile service
provision. Ongoing
7. Regulation of PRS - Project manager: Christine Farnish
- Project leader: Andrulla Murphy
Project objective:
To transfer responsibility for live PRS regulation to ICSTIS.
Fit with Oftel's
objectives: Regulation of live PRS became an important customer
protection issue in the late 1980s, when Oftel became formally involved.
The increasing effectiveness of self regulation by the industry,
however, means that Oftel can now withdraw from day to day regulatory
involvement.
Agree preferred
option by May 96
Statement on
the way forward/formal licence modifications June/July 96
Transfer complete
by end August 96
8. Directory enquiries - Project manager: Christopher Wright
- Project leader: Alex Blowers
Project objectives:
To examine ways of introducing greater competition in the market
for directory products and services, in particular through the removal
of existing barriers to entry and the encouragement of new entrants.
To protect the interests of consumers in respect of the use of their
directory information, and the price and quality of directory services.
Fit with Oftel's
objectives: A more open and competitive market will promote fair,
efficient and sustainable network and services competition. This
needs to be balanced against ensuring that the quality of service
is maintained - in particular by retaining public confidence in
directories by ensuing that information is not misused and that
records are accurate.
Begin series
of workshops/seminars with industry, service providers and customer
groups to take forward issues relating to structure, regulation,
specific issues governing liberalised DQ, and any unfair advantages
possessed by existing DQ businesses. Take into account the conclusions
of the MMC investigation into classified directory advertising.
May 96
Issue a statement
setting out the conclusions from the workshops, identifying a regulatory
structure, and setting out any formal measures such as licence modifications
necessary to implement it. July 96
Commence discussions
with DTI on need for any new licences July 96
If necessary,
establish a liaison group with industry to work through commercial
and regulatory issues. July 96
If necessary,
ask NICC to examine technical issues and specify interfaces July
96
Formal consultation
on any required licence modifications October 96
NICC to complete
examination of technical issues. Consider need for further regulatory
action such as specification of Essential Interfaces October 96
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