HELP


How to fix the Telecom mess?, Part II
 

Think about it:

The four Bell operating companies control a $300 billion communications network with direct contact to more than 100 million homes.

They can now provide long-distance service in 42 states — aided by wholesale leasing of long-distance companies' networks at steep discounts.

As Eduardo Menasce of Verizon admitted to Network World Fusion, "It's much easier (for us) to go after long-distance. It's less capital intensive to move from local to long-distance than the other way around." While it takes only 15 minutes for a Bell to switch another company's long-distance customer to its service, its taken days and even months for the Bells to switch local customers from their switches to a competitors', the key to facilities-based competition.

The SBC, Bell South, and Verizon have wireless stakes that make the bundling of local, long-distance and wireless services for consumers simple.

The Bells with all these advantages nonetheless continue to lose local customers. Why? To hear the critics of the Telecommunications Act of 1996 its because "SBC, Verizon, Bell South, and Qwest have been forced by federal law to allow rivals to utilize their networks at below cost rates."

And what is the evidence of this? Well, the Bells say it's so.

It is nonsense. As the Supreme Court noted in approving the FCC-pricing guidelines, the Bells' below-cost argument falls on the facts.

The 1996 act says that the Bells, in return for being allowed into long distance, have "[t]he duty to provide, to any requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technical feasible point on rates, terms and conditions that are just reasonable and nondiscriminatory."

That's what Unbundled Network Elements Platform provides — reasonable rates. Last year, SBC's CEO bragged to financial analysts that the company's wireline margins were 42.1 percent. The discounts that state utility commissions, following FCC-pricing guidelines for leasing the unbundled network element platform (UNE-P), amounts to about 20 percent on average.

Independent studies by University of California-Berkeley economist Yale Braunstein and economists Randolph Beard, George Ford, and Christopher confirm that the Bells are making a profit on their UNE-P leases. Brounstein's study in California estimated that SBC earns as much as $4 a month in profit on about a $14 wholesale price, or a margin of nearly 28 percent. Overall, CompTel estimated the annualized profit for the Bells from UNE-P leases at $600 million.

So there is no "below cost subsidy."

But UNE-P is vital to getting local competition underway. Competitors that tried to provide facilities-based competition from the start went bankrupt - wasted by the Bells adamant refusal despite billions in fines and levies to provide them the access to individual network elements they were entitled to by law.

The new competitors using UNE-P are winning customers by the millions by providing tailored services to meet customer needs. As their customer base expands, they will put in their own switches and lines so they can further differentiate their service from the Bells. It happened in long distance, and there's no reason to believe that it won't happen with local. With real competition, appropriate deregulation can ensue.

But kill UNE-P and wholesale leasing now and re-monopolization will result: All of the millions of customers who have proactively switched to a competitive provider will be left without a choice. They will be forced to go back to a provider they actively chose to leave. Protecting monopolies at the expense of millions of satisfied customers is a recipe for disaster.

Think about it.

— Duane D. Freese, formerly on the editorial board at USA Today, is a columnist and editorial consultant for Tech Central Station.

Advocates of telecom regulation insist that government control is necessary to ensure "fair" competition in the local calling market. But it is precisely such federal and state meddling that has impeded greater choice and value in local wireline services.

It was government, after all, that granted AT&T its lucrative monopoly, thereby stifling for decades greater innovation in communications technology. Government also preserved the local/long-distance apartheid that unnecessarily limited consumer service options. And government, too, delayed by a decade the advent of wireless telephony, while continuing to hoard the broadcast spectrum as if Walter Cronkite still ruled the airwaves.

With respect to local wireline service, government regulation has sucked billions of dollars from the economy over the past seven years by forcing major telecom companies to subsidize rivals with below-cost network access. This forced-access regime does little more than allow a firm to slap their name on existing network services and call it competition.

In fact, to the extent government focuses regulatory attention on the wireline network, Grandma Bell's dominance is actually secured. Network subsidies dissuade recipients from establishing the independent facilities that would constitute meaningful competition. Moreover, the incumbent carriers are robbed of revenue that could otherwise be invested in network upgrades and telecom R&D.

The economic and social impact of thwarted technology is incalculable. The manufacture of parts for new products and the thousands of jobs that would otherwise be created are forsaken. Unrealized are new tools to increase knowledge, productivity and convenience, necessary elements to improved living standards.

That's what is really "unfair."

The real competitive action is taking place beyond the artificial market boundaries delineated by a time-warped FCC. According to federal data, for example, the number of cellular subscribers has increased from 92,000 in 1984 to more than 140 million by 2002. Monthly rates for cellular service, once triple the cost of a copper line, have dropped by half in recent years — while regulated wireline rates have actually risen. Meanwhile, cable and voiceover-Internet telephony are rapidly expanding.

No government policy, no matter how well intentioned, can create a dynamic telecommunications market. On the contrary, technological progress feeds on freedom and thrives in the absence of centralized authority.

The recent FCC rewrite of telecom regulation conceded as much in liberating broadband from much of the forced-access rules that slowed its deployment. But in stubbornly sticking with wireline regulation, the commission is perpetuating the costly conceit that more government regulation is the remedy to failed government regulation.

As FCC Chairman Michael Powell stated: "The Majority's decision substantially repeats the errors of our past approaches."

Laissez-faire, in this instance, is more than mere ideological musing. The recent accumulation of $1 trillion in corporate telecom debt and $2 trillion worth of lost market valuation are but the latest evidence that America simply cannot afford the regulatory status quo.

— Diane Katz is director of science, environment, and technology policy for the Mackinac Center for Public Policy, a Michigan-based nonprofit, nonpartisan research and educational institute.

 
 

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