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Welcome, But...
The new norms are welcome but they won't mean much unless complemented with moves that ensure fair competition for new entrants and ISPs
Ravi Shekhar Pandey
Friday, December 16, 2005
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November was a particularly happening month for the Indian telecom industry from a policy-regulations perspective. On the one hand, the government finally succeeded in raising the official ceiling on foreign direct investments (FDI) in telecom services to 74% from the existing 49%; and on the other hand it significantly lowered the entry barrier for new entrants in the long distance (national and international) calling market.

Will the new NLD/ILD regulations really help more players in the field?

While there is no doubt that in the long run both these moves would surely make the Indian telecom market more competitive, by bringing in new players, the new NLD/ILD norms leave much to be desired.

Even though the government has been saying that the lowering of entry fee in the ILD and NLD sector would raise competition, that's very unlikely, at least in the near future. That's largely because India still does not have Carrier Access Code (CAC). As such, Indian consumers still don't have the choice of selecting their long distance carrier. So, even if new players get in the NLD or ILD business, they are unlikely to get customers as only mobile and fixed service operators can serve them. As such, the lowered license fee can only have a significant impact after the CAC is implemented and the new players are given access to consumers.

Similarly, the new norms don't mean much for ISPs and they have not been really happy with them. And that's not surprising, as the new norms have ended up making their business even more vulnerable. While on the one hand, ISPs have been kept out of the domestic Internet telephony market, on the other hand they are being made to pay an annual license fee on their Internet telephony revenue. Now every ISP offering Internet telephony service will have to pay an annual license fee of 6% of his AGR. This is something they were not doing earlier. This would really erode the bottom lines of ISPs who are already facing a decline in revenue from Internet telephony. It is estimated that since the last quarter of 2005, there has been a significant decline in the number of Internet telephony calls going out of India. While the first three quarters of 2004-05 saw an upward trend in the number of outgoing minutes, it's been going down since the last quarter of that year. It was 43 mn minutes in OND quarter but only 41 mn in JFM and 39 mn in AMJ 2005. Given such a scenario, ISPs would find the new annual license fee norms really hard to digest.

Besides that, ISPs are also unhappy that they will have to go for NLD/ILD license if they want to offer VPN services. ISPs were earlier offering this service without any license fee as these services were considered part of their Internet service license.

Another sore point for ISPs is that they have now been debarred from offering exclusive content services to their subscribers. This essentially means that they cannot offer a service like Video on Demand. It is difficult to understand the logic behind such a provision. And this will surely restrict the ISPs' move to get into new businesses.

However, the new NLD/ILD norms would have a significant impact on the bottom lines of existing NLD/ILD operators as the annual license fee in both the cases has been brought down from 15 to 6% of Aggregate Gross Revenue (AGR). The lowered entry fee would also mean that pure play mobile operators like Hutch and Idea can have their own NLD/ILD service without putting in much investment. All this can create more competition among the existing players and, therefore, bring down the tariffs significantly. While the national long distance tariff has already hit rock bottom, there might be a slight decrease in that as well. There would be much more impact on international calling rates.

Ravi Shekhar Pandey

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