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Regulating competition in the mobile telecommunications market. AMTA Conference 25 & 26 September 2003 Chris Pattas A/g General Manager Telecommunications ACCC. Outline. State of Competition in Mobile Market Mobile Services Review Next Generation Networks and ACIF
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Regulating competition in the mobile telecommunications market AMTA Conference 25 & 26 September 2003 Chris Pattas A/g General Manager Telecommunications ACCC
Outline • State of Competition in Mobile Market • Mobile Services Review • Next Generation Networks and ACIF • Internet Interconnection Inquiry • Legislative Changes
State of competitiona bit of history… • Pre 1991: Telecom and OTC government run monopolies • 1991: Telecom / OTC merged into Telstra • 1991 and 1992: Optus and Vodafone granted licences • 1997: full competition introduced
Emerging competition • More service providers • Greater range of products available to consumers • Incentives for innovation • Greater competition
Mobile market • Four carriers, six networks, numerous resellers, hundreds of services plans • Telstra has 43.5% share of mobile market. Optus 32.6%, Vodafone 18.3%, Hutchison 5.6% • Market concentration greater than that of equal sized triopolists • Incentives and ability still exist to keep mobile termination above cost
Mobile Services Review • 1997: declaration of mobile origination and termination services • 2001: pricing principles released • April 2003: inquiry into regulation of mobile telephony commenced • Reviewing not only declared services but the provision of 3G, domestic and international roaming
Next Generation Networks • ACCC participating in ACIF considerations of appropriate regulation of NGNs • Encouraging industry to resolve interconnection arrangements on own • Encouraging industry to reach a consensual view of its own on what form of regulation is most appropriate for NGNs
Internet Interconnection Inquiry • ACCC previously considered internet interconnection arrangements under Part XIB • Current Inquiry under Part XIC prompted by - continued complaints to ACCC - recommendation from broadband advisory group to Minister - industry • Issues include peering and fee arrangements between Tier 1 ISP’s and smaller ISP’s
Legislative changes • December 2002 – Telecommunications Competition Act 2002 Main changes: • Removal of merits review of Commission decisions in arbitrations; • Publishing of model terms and conditions • Voluntary access undertakings • Operation of Standard Access Obligations • Anti-competitive conduct provisions • Accounting separation
Conclusion • Evolving competition due to new technologies, services and deregulation • Mobile markets are the most competitive of all Australian telecommunications markets – but there are still concerns • Regulation of existing mobile services will depend on outcome of the current inquiry and assessment under TPA • Regulation of new and emerging services dependent on structure of markets and ability of industry to resolve complex interconnection issues on its own