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Broadband Deployment and Spectrum Management

in the EU-12

J. Scott Marcus Director, WIK

Member, FSR Scientific Committee

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Broadband Deployment and Spectrum Management in the EU-12

• Broadband deployment and adoption

• The European regulatory framework and broadband adoption in the EU-12

• Spectrum management in the EU-12

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Broadband deployment and adoption in the EU-12

• Former East bloc countries tend to have less than full coverage for wired phone networks.

• Cable plays a substantial role in many EU-12 Member States (MS), including HU, PL, RO, BG, and also Malta.

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Broadband deployment and adoption in the EU-12

The fixed network in former East Bloc

countries is limited.

HH with fixed telephone access:

- PL 52%

- HU 50%

- RO 46%

- CZ 25%

BUT

- MT 95%

- CY 84%

Source: Eurobarometer October 2010 (Nov-Dec 2009 data)

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Broadband deployment and adoption in the EU-12

The fixed network in former East Bloc

countries is limited.

Mobile only households:

- 25% of all EU HH.

- 21% of EU-15 HH.

- 46% of EU-12 HH.

Source: Eurobarometer October 2010 (Nov-Dec 2009 data)

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Broadband deployment and adoption in the EU-12

Broadband penetration is lower in many EU-12 Member States.

- RO 25%

- BG 27%

- LT 29%

- SK 36%

- HU, PL 40%

BUT

- MT, SI 54%

- EE 55%

Source: Eurobarometer October 2010 (Nov-Dec 2009 data)

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Broadband deployment and adoption in the EU-12

• Cable, however, plays a large role in many EU-12 Member States.

- 34% of HH in the EU-27 as a whole receive television via cable.

- RO, MT, HU 64%

- BG 62%

- SI 54%

- EE 45%

- LV 46%

- PL 36%

Source: Eurobarometer October 2010 (Nov-Dec 2009 data)

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Broadband deployment and adoption in the EU-12

Cable and other media play a large role in many EU-12 Member States.

Source: 15th Implementation Report, Annex 2

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Broadband deployment and adoption in the EU-12

Incumbents may play a smaller role than in the EU-15 due to the availability of other forms of broadband.

Source: 15th Implementation Report, Annex 2

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Broadband deployment and adoption in the EU-12

Incumbents continue, however, to provide a high proportion of DSL access lines in most EU-12 MS.

Source: 15th Implementation Report, Annex 2

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The Regulatory Framework and Broadband

• Definition of markets susceptible to ex ante regulation

• Identification of undertakings with

Significant Market Power (SMP) on those markets

• Imposition of proportionate remedies to address the likely competitive harms

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The Regulatory Framework:

Market Definition

• The Commission identifies two broadband markets susceptible to ex ante regulation (markets 4 and 5):

- Local loop:

Wholesale (physical) network infrastructure access (including shared or fully unbundled access) at a fixed location.

- Wholesale Broadband Access (WBA):

This market comprises non-physical or virtual network access including ‘bitstream’ access at a fixed location.

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The Regulatory Framework:

Market Definition

• The Commission does not (since 2007) identify a market associated with cable as being susceptible to ex ante regulation.

- Cable is not viewed as part of the wholesale market unless there is a wholesale offer.

- Cable should, however, be considered

In the analysis of the retail market; and

in conjunction with competitive effects.

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The Regulatory Framework:

Determination of SMP

• Cable BB market shares are such that cable alone is unlikely to be unilaterally dominant in an entire MS.

• Joint dominance might possibly exist in some MS, or in regions of some MS, but is difficult to establish.

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The Regulatory Framework: Broadband

• The Commission has in recent years advocated a sequence of analysis for broadband markets where:

- One begins by asking if there are problems at the retail level.

- One considers all broadband markets through a single procedure.

- One assesses loops prior to WBA (bitstream).

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The Regulatory Framework and the EU-12

• The European regulatory framework is well suited to MS with a single incumbent based on a single technology.

• Some refinement may be needed to adapt the regulatory framework to MS where:

- Many users are reachable with more than one truly competing (fixed) broadband technology.

- Much of the real competition is bundle versus bundle, rather than service versus service.

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The Regulatory Framework and the EU-12

• This could be a concern not only in several EU-12 MS, but also in NL and Flanders.

• It is also relevant to the United States and Canada; however, the US approach is not a good model for the EU-15 or the EU-12.

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Spectrum management in the EU-12

• A somewhat different historical tradition

- Western Europe: NATO

- Eastern Europe: Warsaw Pact

• Harmonisation of spectrum allocations has for the most part been dealt with long since.

• Many EU-12 countries are on the edge of Europe, and thus potentially confront

intense spectrum interference issues.

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Spectrum management in the EU-12

• Refarming of former broadcast spectrum freed by the digital broadcasting switch- over can be impacted if high power

broadcasting continues in an adjacent country.

• Poland had proposed to delay analogue switch-off until 2015; currently July 2013.

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Wrap-up

• The EU-12 are not all alike.

• Some EU-12 MS differ from the EU-15 in:

- A less than fully deployed fixed network - Substantial cable deployment.

- Less success to date of wholesale remedies - Broadband competition has more to do with

competing bundles on competing platforms.

- Need for tinkering with the EU framework?

• Spectrum management at the edge of Europe, and with an East bloc history.

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