Need for Innovative Regulation-Indian Telecom Sector

On the occasion of the Confederation of Indian Industries National Telecom Summit 2013, The Hon'ble Minister of Communications & IT, the Chief of the Telecom Regulatory Authority of India and the Telecom Secretary have all highlighted important elements of the way forward to achieve the goals of universal digital inclusion and to boost the health of the flagging telecom sector in India. 

I am focusing more on the issues affecting the Market efficiency Gap in this blog post.

The need to concentrate of local R&D and design capabilities in manufacturing, the need to improve regulatory certainty including issues like M&A and spectrum and unified licensing were highlighted.  

The TRAI chief  stressed  "on  the critical need to use telecom infrastructure for public service in the fields of disaster management, financial inclusion and digital transactions, in the long term." (source: http://www.ciol.com/ciol/news/192836/government-committed-boost-telecom-sector)

Most importantly the telecom secretary stated that, "[i]nnovation in regulation is also important though legacy issues are there,..... there were complex legacy issues involved in order to fix unpredictability and ambiguity in the regulatory regime." (source: http://www.ciol.com/ciol/news/192860/innovation-regulation-farooqui)

In my view, taking stock of past mistakes, resolving legacy issues and creating a simple but  clearly refined regulatory framework for telecommunications can go a long way to rectify past problems and create a conducive environment for growth of Indian Telecommunications. Please see my earlier posts on Telecom Regulation.

Of course the legal framework of the  telecommunications sector is a part of the overall legal/regulatory framework of the economy which too needs looking at. One of these areas lies in the realm of competition policy. An overarching competition policy framework would prevent many a poor policy /programme from being accepted and would strengthen the ability of regulators and policy makers to make economically wiser decisions. I have written about this is an article titled "Airwaves, Incumbents and Good Governance - The Urgent Need for a Robust Competition Policy Framework" Also, please see my previous posts on Competition.

Closing the market Efficiency Gap-Regulation and Competition

As I mentioned earlier closing the Market Efficiency Gap demands effective regulation and competition. In my view there is no point in utilizing public funds or USFs to take telecommunications to market segments that operators would willingly serve if they were facilitated through effective regulation and forced to as a result of healthy competition. This is one area where developing countries with overall institutional (implementation) weakness may fall short.

This makes it all the more important that they focus on putting in place sound laws and regulation modeled on international best practices but adapted to local context. This would ensures inter alia a level playing field  which precludes vested interests from rent seeking behaviour that is detrimental to the economy as a whole.

As an observer of worldwide developments in the area of telecom regulation I would like to draw the attention of readers to to some recent  news items:

The first is about investigation of several telecom giants for suspected abuse of dominance by the competition wing of the European Commission.  This can be read at:

http://www.theregister.co.uk/2013/07/11/european_commission_inspects_telcos_over_alleged_violation_of_competition_rules/

The second is about the likely  mandating of a reduction in access charges for fixed line grid by the Italian firm Telecom Italia SpA by the Communications Regulator of Italy. This article also speaks about the general trend towards reduction in network access charges (both fixed line and mobile) across Europe as a result of conscious efforts of regulators to enhance penetration.This is available at:  http://www.businessweek.com/news/2013-07-10/telecom-italia-is-said-to-face-about-6-percent-cut-in-grid-access-fees.

The third is about a  more liberalised M&A regime in Europe consistent with market conditions.  This includes a softening of attitude towards active infrastructure sharing. Ultimately increasing penetration is also about ensuring the financial health of the telecom opertaors. This can be viewed at http://www.mobileworldlive.com/fours-a-crowd.

An article  from the Indian Express dated 12.7.13 about present regulations relating to M&A in India may also be of interest to readers. This may be viewed at http://www.indianexpress.com/news/permit-spectrum-trade-m-as-will-follow-vodafone/1140801/