Cable regulation in Belgium
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Transcript of Cable regulation in Belgium
Regulating the Belgian cable
Reinhard Laroy - BIPT TNO DSL Seminar
The Hague, June 16th 2014
Market context
3
Broadcast players p Different cable-operators:
n Telenet (Flanders and Brussels) n Brutélé (Wallonia and Brussels) under Voo brand n Tecteo (Wallonia) under Voo brand n Coditel (Brussels) under Numéricable brand
Each operating in their own coverage area.
p IPTV-operators: n Belgacom TV, operating nationwide since 2005. n SNOW (based on commercial multicast offer), launched early 2013 n Billi (based on unbundling offer), operating in only 19 communities.
p Satellite-operators with very limited marketshare: n Télésat (Wallonia), TV Vlaanderen (Flanders, Brussels) n Mobistar (nationwide), quit market in 2013
p Over the top players (OTT): n Stievie, Netflix, etc…
4
Fast conversion towards digital TV p 81% of customers receive digital TV (end 2013) p 19% of customers watch analogue only (40% in 2011) p However 72% of customers still receive analogue (but only 11% of digital
cable viewers still watch analogue TV, source customer survey Phonecom)
Key role of mul:play p TV products are often bundled with other products p Interactive TV features require a broadband
n video on demand n second screen apps on smart phones & tablets
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59%$
50%$
41%$
37%$
16%$
18%$
18%$
18%$
25%$
32%$
38%$
40%$
3%$
5%$
0%$ 20%$ 40%$ 60%$ 80%$ 100%$
2010$
2011$
2012$
2013$
single$play$TV$
double$play$
triple$play$
quadruple$play$
Source: BIPT
Broadband Market OLO’s are crowed out of the market p Belgacom’s retail broadband volumes remains stable p Cable-operators’ volume increases …
6
0,0
0,5
1,0
1,5
2,0
2,5
3,0
3,5
4,0
4,5
S1
2007
S2
2007
S1
2008
S2
2008
S1
2009
S2
2009
S1
2010
S2
2010
S1
2011
S2
2011
S1
2012
S2
2012
S1
2013
S2
2013
Bro
adba
nd li
nes
(mill
ion)
OLO's Cable Belgacom (Scarlet included)
Source: BIPT
Broadband Market OLOs are crowed out of the market(2) p ... while alternative operators have negative
net-additions since 2008 à Alternative operators lose customers due to lack of bundle offer
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21#
18#
14#
10#
21#
30#
15#
14#
97#
83#
74# 80#
58#
74#
70# 83
#
3#
16#
,13#
14#
,21# ,12# ,7
#
,35#
,50#,40#,30#,20#,10#0#
10#20#30#40#50#60#70#80#90#100#110#
S1#2010# S2#2010# S1#2011# S2#2011# S1#2012# S2#2012# S1#2013# S2#2013#
thou
sand
#
DSL#Belgacom#
cable#
xDSL#OLO#
FWA#
NGA infrastructure roll out
Belgium has one of the largest coverages of NGA networks in EU: -‐ > 87% VDSL2 end of 2013 -‐ 90% Eurodocsis 3.0
Source: Cullen, February 2014
Belgium best in class for high speed uptake
9 Source: Digital agenda scorecard, European Commission, 2014
Broadband penetra,on (+30 Mbps) Subscrip,on as % of pop – Jan 2014
NGA subscrip,on (Docsis 3.0 and other NGA) as of total broadband subscrip,on – Jan 2014
0% 5% 10% 15% 20% 25%
IT CY EL SI FR ES AT EE CZ MT SK DE EU FI PL BG HU UK LU IE PT DK RO LV SE LT NL BE
0% 10% 20% 30% 40% 50% 60% 70%
HR CY EL IT FR AT DE ES LU EU SK UK IE HU SI FI EE DK CZ PL MT LT PT SE NL LV BG RO BE
Market Analysis 2011
Disclaimer p The previous market analysis of July 2011 is not
necessary the basis for a potential new market review.
p Any previous findings on product & geographical market definitions, SMP and remedies are as such not necessarily a basis for the new upcoming market analysis
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Digital TV
Telephony
Telephony
Analogue TV
Analogue TV
Digital TV
Broadband internet
Consumer
12 = currently not available
= currently available
Digital TV
Belgian market analysis
13
Broadband
BGC SMP Market 4
LLU
BGC SMP Market 5
Bitstream incl. Multicast
Broadcast
Cable SMP on analog & digital
Resale analog
Digital TV transmission
Resale broadband
Broadcas:ng approach in Belgium
14
Retail market of the delivery of TV signals
• Products
• Geography: corresponding to the cable service coverage areas
Definition
SMP Analysis
Remedies
SMP of the main cable operators
Retail Wholesale
Relevant market?
Relevant market for ex ante regulation
3 criteria test
scope of wholesale remedies
Resale of analogue
TV
+
transmission digital TV
+
resale of broadband
Defini:on broadcast market Retail market of the delivery of TV signals,
including analogue or digital signals over fixed networks (cable/xDSL)
Does not include:
n Free TV n Satellite TV n DVB-T n TV mobile n OTT-TV
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16
Cable and satellite TV : no subs:tu:on Demand side substitution p High set-up costs p Several legal constraints to the installation p Low penetration and a "niche positioning” p Limited interactivity and on-demand services due to the lack
of a return channel à No Substitution
Supply side substitution p Not possible for a satellite operator to provide Cable TV
services and the opposite is also true à No Substitution
SMP of cable operators
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p Market shares of cable operators in their geographical markets are superior to 70% and remains high despite presence of Belgacom TV since 2005
0,00
0,50
1,00
1,50
2,00
2,50
3,00
3,50
4,00
2006
2007
2008
2009
Q1
2010
Sub
scrib
ers
(mill
ions
)
IPTV Anlogue + Digital (cable) Analogue only
18
SMP of cable operators (2/3)
p Operators have raised prices or not reduced them
€ 7
€ 8
€ 9
€ 10
€ 11
€ 12
€ 13
€ 14
€ 15
€ 16
2005 2006 2007 2008 2009 2010
Price Basis subscription (excl. VAT)
AIESH Brutélé Numericable Tecteo Telenet Belgacom TV
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SMP of cable operators (3/3)
p Analogue TV (used together with digital TV) was key factor in barriers to change (40% households had more than one TV in Belgium)
p The economics of scope and scale and the multi play advantages
p Refusal of access
3 criteria test p Broadcasting market was and is not listed in the
Recommendation on relevant markets and is therefore subject to 3 criteria test: High non-transitory barriers to entry
• Network and economies of scope/scale (including analogue functionality) not easy to duplicate for new entrants
No tendency to effective competition
• High market shares (higher than 70%) despite presence of challenger since 2005 • Stable or increasing prices • Impact of bundles
Efficiency of competition law
• Refusal of access (and other remedies) are difficult to tackle with competition law alone • Delays of a possible competition case are too long and unpredictable
20
Remedies imposed p 3 types of access remedies were imposed
n Access to an analogue TV resale offer n Access to digital platform n Access to a resale of the Broadband offer
21
22
Analogue TV resale offer
p Allows alternative operator (having appropriate content rights) to resell the SMP analogue TV offer under its own brand
p Offer does not differ from existing offer
p Price control: retail-minus
p Only remedy available to Belgacom (it has the possibility to offer the other services via its own network)
23
Access to digital plaeorm p Allows alternative operators to inject their signals into the
encoding platform of SMP operator
p A different television offer can be formulated
p Alternative operator is responsible for acquiring content rights as well conditional access systems
p Price control: retail-minus.
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Resale of Broadband offer
p Allows alternative operator to resell SMP broadband offer under its own brand, but only in combination with TV
p Remedy is applied because of increasing importance of
multiple play and multiplatform and therefore only applies in combination with access to the TV offer
p Price control: retail-minus.
EC lefer of comments p Lack of wholesale analysis
BIPT added hypothetical wholesale analysis (cable only) leading to the same conclusions as the analysis of retail market.
p Necessity of analog remedy. Does it hamper evolution? n Still 42% watched analog & Telenet added 3 new channels n Competitive advantage for multiple tv sets n Analog switch off remains possible (notification period)
p Aren’t market 5 broadband measures sufficient? n Bundle TV+broadband necessary to remain competitive n Paying twice access fee leads to anti-competitive thresholds n Multi platform broadcast (tablet, smartphone) needs broadband
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Final Decision
26
1
DECISION OF THE CONFERENCE OF REGULATORS OF THE ELECTRONIC COMMUNICATIONS SECTOR (CRC)
OF 1 July 2011
CONCERNING THE TELEVISION BROADCASTING MARKET ANALYSIS IN THE BILINGUAL REGION BRUSSELS CAPITAL
PUBLIC VERSION
Impact of the cable regula:on p Creates opportunity for cable operators to
extend their coverage area to where they don’t have an own infrastructure (e.g. Telenet in Brussels & South of Belgium)
p Mobistar, Base & other OLOs can use cable network next to Belgacom’s network to offer bundels internet+tv to customers
p Infrastructure competition at wholesale level could create beter service & lower prices 27
Implementation
Reference Offers p Feb 2012 : first draft by cable operators
(6 months after Decision of July 1st 2011) n Incomplete n Not implementable
p Summer 2012 : CRC writes own reference offer as model for cable operators + sents a list of remarks to cable operators
à New draft by cable operators in Autumn 2012
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Reference Offer Decisions
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Dec 2012 Consultation qualitative elements
Spring 2013 Consultation retail minus tarifs
Sep 2013 Qualitative Decision
Dec 2013 Retail minus tarifs decision
Cos:ng issues: upfront fees Treatment of wholesale specific costs (i.e. the startup implementation cost) à upfront fees
p Upfront costs based on the costs of an efficient operatorà Coditel (Numéricable) as reference
p Upfront costs have to be shared between SMP and OLO p Close cooperation between operators is taken into
account (i.e. Brutélé/Tecteo)
p Consider that 1 OLO will request dual play offer (TV + broadband)
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Result: upfront fees
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Telenet Coditel Brutélé + Tecteo
Analogue TV
Upfront cost € 369.951 332.263 365.195
Per line one-‐time fee € per line 2,00 2,00 2,00 Analogue TV + digital TV
Upfront cost € 639.695 626.833 637.751
Per line one-‐time fee € per ligne 4,00 4,00 4,00
Dual-‐play (Analogue TV + digital TV + broadband)
Upfront cost € 750.000 750.000 750.000
Per line one-‐time fee € per ligne 5,00 5,00 5,00
Upfront fees from 330.000 € (analogue TV) to 750.000 € (dual play) Per line fees from 2,00 € (analogue TV) to 5,00 € (dual play)
NB: a part of these amouts has to be paid in advance if the new entrants signs a letter of intent (respectively 200.000, 500.000, 600.000 €) Possibility to review the upfront fees based on an ex post verification of the reality of the costs
Cos:ng Issues: retail minus (1) p The minus has to be expressed as a percentage of
reference tarifs p The appropriate reference is the ARPU
n It eliminates VAT and content rights n It takes discounts and promotion into account
p If no 2P retail offers exist, the ARPU of 3P offers are used as reference
p Treatment of the avoidable costs and ARPU à level of the minus
33
Cos:ng Issues: retail minus (2) p These cost categories have to be deducted:
n Content costs (billed separately) n Billing and bad debt n Marketing, sales and customer service n Modems and set-top-boxes n Installation and repair at customer side
p The promotional value of the Barker (self-promotion) channel is discounted in the analogue minus
34
Cos:ng Issues: retail minus (3)
p Cable operators have relatively high Return on Sales (RoS)
p No entry if the retail margin is fully retained by SMP p 5% RoS included in the minus calculations
Opérateurs 2006 2007 2008 2009 2010 2011 2012 Moyenne
Brutélé 13,26% 15,85% 17,24% 13,88% 4,69% 3,24% 3,95% 10,30%%
Coditel 32,48% 29,37% 28,47% 34,80% 32,56% 40,09% 44,35% 34,59%
Telenet S.A. 5,72% 9,95% 11,17% 8,92% 16,45% 12,77% 16,63% 11,66%
Telenet Group Holding
17,67% 22,03% 23,43% 24,93% 26,52% 23,70% 26,18% 23,49%
Tecteo 20,72% 9,47% 20,96% -‐37,66% -‐39,24% -‐24,09% -‐16,43% -‐4,77%
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Results : minus
p Wholesale price = (retail price VATincl. - VAT – content cost) x (1 - M %)
p Where minus M:
p Possibility to review the minus yearly
36
Coditel Telenet Brutélé
Analogue TV 20% 30% 30%
Analogue TV + digital TV 20% 30% 30%
Dual-play (Analogue TV + digital TV + broadband)
20% 23% 23%
Launch of cable offers
37
Jan 2014 Mobistar’s Letter of Intent to Telenet, Brutélé & Tecteo
July 2014 Implementation Ready 6 months after Letter of Intent
Summer 2014 Friendly User Tests
Last quarter 2014??? Retail launch Mobistar