A New Pricing Framework for Openreach

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A New Pricing Framework for Openreach A New Pricing Framework for Openreach Second Consultation Publication date: 5 December 2008 Closing Date for Responses: 20 February 2009 1 A New Pricing Framework for Openreach – second consultation Contents Section Page 1 Summary 3 2 Scope 10 3 Recent market developments 17 4 Openreach’s current financial performance 22 5 Review of the financial evidence 28 6 Implications for charges 44 7 Setting prices for the ancillary services 60 8 Proposals 66 Annex Page 1 Responding to this consultation 79 2 Ofcom’s consultation principles 81 3 Consultation response cover sheet 82 4 Consultation questions 84 5 Impact Assessment 86 6 Review of the wholesale local access market 118 7 Service categories 139 8 Draft revised LLU charge control conditions and proposed modification to the WLR direction 156 9 Openreach’s cost projections 193 10 Review of the financial evidence 211 11 Volume forecasts 240 12 Cost of Capital 246 13 International benchmarking 263 14 Potential for efficiency gains 267 15 Responses to the First Consultation 275 2 A New Pricing Framework for Openreach – second consultation Section 1 1 Summary Introduction 1.1 BT Group plc ('BT') is subject to SMP conditions including price controls and cost orientation obligations in relation to Wholesale Line Rental (WLR) and Local Loop Unbundling (LLU) 1.2 In 2005, BT offered and Ofcom accepted a set of undertakings ('the Undertakings') pursuant to Section 154 of the Enterprise Act 2002. These Undertakings included the commitment to establish a new organisation, Openreach, which is separate from the rest of BT. 1.3 Openreach is required to provide services to competing providers of telecommunications services (“CPs”). These include: • WLR; • LLU which includes fully unbundled lines (Metallic Path Facility or “MPF”) and shared unbundled lines (Shared MPF or “SMPF”); and • Ethernet services. 1.4 In May 2008, we published a consultation document, “A New Pricing Framework for Openreach” (the “First Consultation”1). This set out our proposals to review certain aspects of the regulatory regime, including the prices of all of these regulated access network services; certain other access and backhaul services are covered by the separate Leased Line Charge Control review. The scope of this review therefore includes the charges for WLR, MPF and SMPF rentals (the “Core Rental Services”) and related services. 1.5 The First Consultation explained that the review would be held in two stages. The purpose of the First Consultation was to obtain Stakeholder views on a range of issues relating to the review, including the objectives, our proposed approach and the potential implications of different outcomes. 1.6 This, the Second Consultation, sets out a range of proposals for modified price controls. It also describes the key assumptions and parameters which will inform our final conclusions on the charge controls. The latter will be set out in a Statement which we expect to publish in the first quarter of 2009. 1.7 We have also begun a new market review on fixed wholesale narrowband services with a view to publishing a consultation around March 2009. This will consider, amongst other things, whether BT continues to have market power with respect to WLR services. A market review on wholesale local access is also expected to begin in 2009. It will consider the need for any future regulation of the other services to which our proposals relate, including MPF and SMPF. 1 http://www.ofcom.org.uk/consult/condocs/openreach/openreachcondoc.pdf 3 A New Pricing Framework for Openreach – second consultation 1.8 However, we consider the current charge ceilings – which are fixed in nominal terms and unlimited in their duration - are no longer appropriate. We remain of the opinion, set out in the First Consultation, that the controls need to be reviewed now. 1.9 To provide the appropriate market context for this review, it is necessary to look ahead several years, which we have done through analysing the appropriate market and financial data to the end of 2012/13. In this document we, therefore, set out specific proposals for the adjustment of the relevant charges over the next 1-2 years, but in the context of the changes we anticipate over a full 4 year period. 1.10 The long term charge controls will be considered further as we complete the relevant market reviews. We would expect to rely on analysis and proposals set out in this consultation, and the Statement which will follow, in the event that we conclude that charge controls continue to be appropriate for the relevant access services. 1.11 There are significant uncertainties surrounding the short term macro- economic outlook and capital markets continue to exhibit unusual levels of volatility. Setting a new set of charge controls in this context is challenging. In particular, we recognise the possibility that certain eventualities (such as general price deflation) may present unforeseen challenges that necessitate review of the controls that we set following the consultation. In light of this we will closely monitor the effectiveness of our new controls, and intervene if such circumstances require. The first consultation 1.12 In the First Consultation, we explained that the current charge ceilings for the Core Rental Services are fixed in nominal terms and have not changed since they were set in 2005. When they were first set, we indicated that it would be appropriate to review the charge controls within the first few years of operation. 1.13 There have been significant developments since these charges were set. CPs have invested heavily in LLU. Openreach and the CPs are also facing important decisions including those relating to potential investment in unbundling further local exchanges and other new infrastructure. 1.14 In the First Consultation, we also set out the financial evidence presented by Openreach at that time. This indicated that the prevailing level of the regulated charges may not be sustainable, and that there may also be a case for increasing the price of MPF relative to WLR. We invited Stakeholder responses on our initial views that: • Infrastructure competition has been working well and is delivering substantial benefits to consumers; • Openreach has been making a reasonable overall rate of return to date based on the prevailing regulated access prices; • This is likely to change if the impact of cost inflation cannot be mitigated, thus potentially bringing into question the sustainability of the current price ceilings; 4 A New Pricing Framework for Openreach – second consultation • There appears to be financial evidence to support a case for increases in the prices of the current regulated services; • The strength of this evidence is critically dependent on a number of key assumptions; and • The foregoing must be considered alongside other evidence, including international benchmarking and the impact price changes might have on infrastructure competition, consumers and future investment decisions. Responses and other developments 1.15 We received 14 responses to our First Consultation. These are listed in Annex 16 and include responses from Openreach, other CPs, and organisations representing the interests of the communications industry and employees, and individuals. Non –confidential responses can be reviewed on our website2. 1.16 Stakeholders generally agreed that infrastructure competition has been working well and agreed that this review should aim to promote efficient and sustainable competition in the future. 1.17 However, Stakeholders did not all agree that there is a persuasive case for price increases. Some stakeholders suggested that prices should fall. Stakeholders expressed a range of views on the key assumptions to be taken into account when determining charges, particularly regarding the appropriate rate of return and the potential for efficiency gains. 1.18 Several stakeholders also expressed the view that greater disclosure of the data underlying the case for price changes was necessary. In particular, they considered this to be necessary to ensure that the consultation process is informed and effective. We have drafted this document with this in mind. 1.19 Since these initial responses were received, we have also received further information from Carphone Warehouse and from Openreach. At our request, Openreach has also provided updated financial projections to cover the period to 2012/13. Openreach also revised (upwards) its assessment of the costs it considers should be recovered through the regulated charges. Carphone Warehouse’s additional response is available with the other responses on our website. To the extent it has informed our proposals, we describe the further information provided by Openreach in this document. 1.20 The period since May, when we published the first consultation, has also been characterised by significant volatility in the financial markets. This is pertinent to our consideration of the appropriate cost of capital and is, therefore, a factor we have analysed further in this second consultation. 1.21 We consider that this new information is relevant to our assessment of the pricing framework for Openreach and should, therefore, be taken into consideration. This Consultation sets out this new information and analysis and shows how we have taken it into account in shaping our proposals. 2http://www.ofcom.org.uk/consult/condocs/openreach/responses/ 5 A New Pricing Framework for Openreach – second consultation The second consultation 1.22 Informed by the responses to the First Consultation
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