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Telecom for improving investment climate & ICT use Rohan Samarajiva, Public Interest Program Unit, Ministry of Economic Reform, Science & Technology [email protected]; +94 1 247 8733 Purpose of presentation  Reform of telecom is a necessary condition for investment overall  Creating conditions for private investment in telecom  Market entry  Independent & effective regulation  Examples from Sri Lanka throughout Sri Lanka’s telecom sector after 12 years of reforms  Multiple operators (70+)  3 national fixed (no waiters in urban areas)  4 national mobile (overtook fixed; real price declined)  5+ facilities-based data  30 external gateway (~66% decrease in price)  20+ non-facilities based data  Fixed teledensity < 1 in 1991  almost 5 in 2003; Mobile ~0.01 in 1991  5 < in 2003  Telecom & banking are fastest growing sectors in economy in 2003 (~16%)  Telecom no longer a barrier to investment Telecom as a necessary condition for increased investment  Two solutions  Improve service only in enclave  Improve sector performance everywhere  Sri Lanka tried the enclave solution in 1980s  Supplementing exchange & outside plant in Katunayake EPZ  Giving priority to GCEC factories (investors)  Poor results including ridiculous outcome of banning automatic rediallers Investment in telecom sector overall is key . . .  What we want is     Adequate supply of services Lower prices Higher quality More choice  How do we get it?  Not another reform of the failed government monopoly  Not regulation, per se  More investment Private investment to improve telecom  Telecom is the infrastructure with the most dynamic industry structures and technologies  Integrated government monopolies lack nimbleness to play  No multilateral/bilateral assistance for unreformed monopolies  Public investments better used elsewhere Government action to attract private investment in telecom  Greater private investment depends on positive answers to 2 questions  Are the returns adequate? (market risk)  Are safeguards against administrative expropriation adequate? (regulatory risk)  What can government do?  Let investors look after market risk: no market-position guarantees  Reduce regulatory risk Government actions: Market entry & privatization  Minimize barriers to entry; SL policy is  License only where scarce resources are involved  Otherwise authorizations  Examples  External gateway operator licenses  30 given since March 2003  No discretion; no numerical limits Entry conditions compared One-time fee (USD) Annual fees Bank guarantee India 5,200,000 15% of gross rev. Very high Pakistan 500,000 USD 10 million Sri Lanka 50,000 <0.5% gr. rev. + acc. contr. 0.3% of gr. rev. None to govt. Results . . .  From unstable monopoly to open entry . . .  From SLR 75 a minute to 20-25 . . .  Telecom no longer seen as barrier to BPO investments Fixed telephony investments in Sri Lanka, 1992-2002 Fixed Telephony Investments (SLR m) 20,000.00 Incumbent Government Owned; No Competition Incumbent Partially Privatized; Foreign Management; Competition 15,000.00 10,000.00 Lanka bell Suntel SLTL 5,000.00 1992 (5,000.00) 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 Implications for the exchequer  Before the reforms, telecom was an easy but small source of government revenue  Very low rates for domestic (<40% revenues); high rates on international outgoing and termination (60<% revenues)  Periodic levies  After the reforms, it is an easy, reliable and LARGER source of government revenue  ~20% tax (VAT; BTT earlier); reliable  On a user base that has increased seven fold  Equity sales; licensing; spectrum fees; contributions to Vishva Grama Fund (for rural rollout)  Dividends from shareholding Key reform events  1989-1994  Licensing of 15+ facilities-based operators, including Incumbent which was changed to corporation  1996  Licensing of two fixed competitors (USD 120 m)  1997  35% sale of Incumbent to NTT of Japan for USD 225 million with 5-year management agreement Key reform events  1998  Active regulation starts  First step of 5 year rate rebalancing  Satellite gateways liberalized  1999  Incumbent found to be in violation of license condition and pays consumers US$ 1 million  First public hearing conducted Key reform events  2002  Government sells 12.5% of Incumbent’s equity, bringing government ownership to <50%  2003     30+ External Gateway Licenses issued New Interconnection Rules gazetted Implementation ongoing Already a commitment of USD 90 million additional investment Government actions: Regulation  Reduce regulatory risk  Poor countries are poor because  Government does not work well  regulatory risk is high  investments are low/skewed  infrastructure is inadequate  economy is hobbled  Solution: independent and effective regulatory agency Characteristics of effective regulation No interference by government/incumbent Constrained discretion Professional and competent staff Transparent participatory processes Expeditious decision making Efforts to reduce adversarial modes; increase buy-in  Doing a few things well       Independence of regulatory agency  Information & Communication Commission that will replace TRC  Members appointed with concurrence of Constitutional Council  Accountable to/removable by Parliament  Not reporting to Minister for Telecom Constrained discretion  Rate rebalancing in 1998-2003 governed by legal agreement that set revenue requirements  Regulator decided specific tariffs that would yield promised revenues Telecom regulation should focus on  Interconnection & anti-competitive issues  In Sri Lanka  New interconnection rules in March 2003  Including access to undersea cable station  Implementation in process  Dominant position rules being framed  New legislation will remove tariff regulation from non-dominant operators  Anti-competitive practices proceedings soon Regulation should focus on  Efficient management of scarce resources (spectrum, rights of way and numbers)  In Sri Lanka Allocation & assignments made public 1800 MHz, CDMA & WiFi consultations First frequency auction in May 2003 New legislation on rights of way including “final offer” arbitration  New numbering plan being implemented     . . . And get out of unnecessary areas  Most retail tariffs unregulated in new Act (except of dominant operators)  Equipment approvals power replaced by Mutual Recognition approach  Consumer issues to be covered by consumer contracts  Regulator intervenes only when contract provisions exhausted SAARC countries 1995-2001 telecom performance F/100 CAGR M/100 CAGR B’desh 0.43 12 0.4 143.4 Bhutan 2.54 22.3 - - India 3.75 21.5 0.63 109.2 M’dives 9.94 11.9 6.89 - Nepal 1.31 23.6 0.08 - Pakistan 2.33 8 0.56 64.5 SL 26.1 3.56 53.4 4.43