Backbone Required
Deregulation in the European Union
by Diana Brebner
The European Union's recently deregulated communications
sector has experienced a year of fierce financial deals, intense
political activity, a sharp increase in network rollout and a few
significant surprises.
For the last decade, the member countries of the European Union
have moved towards deregulation of the communications industry.
This move was stimulated by a growing recognition that Europe was
falling behind North America and Japan in promotion of information
and communications technology, and the implementation of specific
applications.
Yet deregulation in Europe has taken on a distinctly European flavor.
Change is tempered by the European Union's philosophy of universal,
affordable access for all citizensvalues reflected in the
comments of Pascal Lamy, European Commissioner for Trade: "The EU
rejects the notion that unfettered market forces should dictate
our way of life, our culture, and ultimately the nature of our society
and our core values" (European Commission in Canada 2000).
Turf wars
Despite such comments, communication service providers have been
pushing the envelope to compete on the European scene. The unprecedented
hostile takeover of Telecom Italia, Italy's former state telephone
monopoly, by cash-strapped, but eager Olivetti S.p.A. in the spring
of 1999, made economic history in Europe. The hotly contested takeover
bid came as a shock to the complacent European communications community
and was a portent of things to come in the spirit of unfettered
market forces.
A plethora of similar attempted, and often successful, deals by
companies such as Germany's Mannesmann AF, Britain's Vodafone AirTouch
Plc and the French communications and utilities group Vivendi Communications
have followed. They all continue to move full steam ahead against
or with each other or other major players, such as the United Kingdom's
Orange Plc Group, the Netherlands' KPN Telecom NV, Spain's Telefónica
S.A. and Germany's Deutsche Telekom AG. The positions and alliances
seem to change on a daily basis and the level of activity doesn't
promise to settle down any time soon.
Keeping the incumbents in check
In July 2000, the European Union proposed legislation to ensure
that the incumbents provide "full and shared unbundled access to
their local copper loops on fair, reasonable and non-discriminatory
terms" (Commission of the European Communities 1999).
Change is tempered by the
European Union's philosophy of universal,
affordable access for all citizens
Both European and international investors maintain that the established
companies are dragging their feet in this area and that prices,
terms and conditions for new entrants are unreasonably high and
discriminatory. These conflicts are occurring in countries such
as the Netherlands and France where the copper line infrastructure
is extensive and in good condition.
Backbone Required,
cont.
Indeed, the quality and extent of the fixed line infrastructure
is inconsistent among the 15 EU countries. While private sector
investors can be readily found for expanding fiber optic networks
and DSL provisioning, less interest can be found for laying the
groundwork for universal access in countries such as Spain, Portugal
and Greece.
In Italy, where wireless has taken a strong hold in the last year,
the fixed line infrastructure needs significant upgrading. Large
amounts of funding have been provided in the form of loans from
the European Investment Bank, which is associated with the European
Union, to both Infostrada S.p.A. and Telecom Italia. Loans have
also been made in the communications sector to companies in countries
such as Finland (Sonera Corporation) and Portugal (Optimus Telecomunicações
SA).
2000 and Beyond
The business emphasis in 2000 has been on positioning and consolidation
through mergers, takeovers and alliances. In terms of technology,
it has been a year of, literally, laying the groundwork for an anticipated
surge in demand for service in 2001 and beyond.
Pan-European fiber optic network build-out by companies such as
COLT Telecom Group plc and VersaTel Telecom International N.V. are
underway. COLT, formerly City of London Telecommunications, builds
on its success as a service provider to large corporate clients.
Using Nortel Networks Corporation products, the COLT network, in
alliance with the American company Level 3 International Inc., will
incorporate terabit speed in its European fiber backbone, serving
24 cities by the end of 2000. Versapoint N.V., a partnership between
the US company NorthPoint Communications Group, Inc. and the Netherlands'
VersaTel, plans to offer DSL over a pan-European network serving
small and medium size businesses.
Profits and problems
A stumbling block has emerged in recent months as European governments
react to the unprecedented profits (22.5 billion pounds, $34 billion
US) earned by the British government after its decision to auction
off its 3G spectrum licenses instead of levying a straight licensing
fee. Other governments have followed suit, and as a result, business
plans have been thrown awry and debt loads have become crushing.
Positions and alliances
seem to change on a daily basis,
and the level of activity doesn't promise
to settle down any time in the near future
The French have been commended by some for their elegant, civilized,
but expensive solution of setting a high but predetermined price
(32.5 billion French francs, $4.7 billion US) and then running a
"beauty contest," choosing among the most attractive proposals
Companies reacted with outrage, however, as the Dutch prepared
to auction five licenses in a country with five well-funded incumbents.
Many telecom companies perceive winning Universal Mobile Telecommunications
Systems (UMTS) as necessary for achieving future successin Europe.
New entrants became so frustrated with the recent situation they
sought redress from the European Union.
In an open letter sent in late June 2000 to EU commissioners Liikanen
and Monti, Gary Mesch, CEO of Versatel, states "Versatel cannot
accept a closed shop arrangement for a limited group of incumbent
operators, nor can we accept prices determined by rules which are
discriminatory, anti-competitive, or which lack transparency" (totaltele.com).
In the spirit of fairness
The European Commission is taking this and other formal complaints
concerning the 3G auctions and the resistance to the unbundling
of the local loop seriously. They have promised an investigation
to determine whether current practices meet mandatory principles
laid down in EU directive 97/13, which requires that business practices
be objective, non-discriminatory, transparent, detailed and proportionate.
The Commission recognizes that inconsistent application of certain
provisions of communications legislation is hindering development
and deployment of services in Europe.
Whatever
the future, it is clear that communications deregulation will be
undertaken in a distinctly European spirit. The flurry of change
already underway in Europe is bound to continue, but it will be
tempered by the European Union's guiding principles of universal
and affordable access.
Diana Brebner
is a writer specializing in telecom at Eftia OSS Solutions Inc.
References
European Commission in Canada. "Post-Seattle: What's Next?"
EU Info (April 2000)
Commission of the European Communities. 1999. "The 1999 Communications
Review." Luxembourg: Office for the Official Publications of the
European Communities.
Internet Sources
European Investment
Bank
The European
Union
International Trade
Administration
Telecommunications
Industry Association
Total Telecom
From Current OSS, Fall 2000, Vol. 2, No.
1. Published by Eftia OSS Solutions.
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