Paul Budde, Managing Director, BuddeComm


Paul Budde, Managing Director, BuddeComm

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Major credibility issues for NBN Co

The major problem surrounding yet another delay with the rollout of the NBN is not the delay itself, since over the full ten years of its rollout program this is neither here nor there. Even if the full rollout were to take eleven years rather than ten we would not have an issue with that – this is a national infrastructure project and it must be done in a responsible way, with no cutting of corners and no rushed activities that would later on necessitate costly major changes to the plan.

What, however, is at stake here is the credibility of NBN Co, and of its leadership. One would expect that a professional organisation such as NBN Co would be able to get its short-term rollout plans right. Adjusting such a short-term plan twice within a year does make one question the capability of the organisation to properly plan and execute the rollout. It doesn’t really matter what the reason is – labour shortage, vendor issues, environmental issues – these are all commonplace within the context of a short term plan. NBN Co should have known by the time it made its rollout promises that these problems were on the horizon and should therefore not have set an unachievable target. They should at least have flagged possible issues that could cause delays, with upfront indications of the negative consequences of such delays for the short-term rollout plan.

While it can be argued that over the full time of the project it is impossible to plan precisely all of the work that needs to be done, there is little excuse for continual changes to the short-term planning. Certainly the company is under immense political pressure; however, a professional organisation should be capable of withstanding that political pressure if what the politicians want is impossible to deliver.

The damage is predominantly on the political side as this confirms what the Opposition has been saying – that NBN Co will not be able to deliver on its promises and that its management has serious problems. There is no longer any doubt that, in the event of an election win by the Opposition, Mike Quigley’s position will be untenable and that some very serious changes will have to be made to the company.

The fact that this bad news announcement coincided with the Caucus results in relation to the future of the leadership of the government cannot be coincidental. It possibly can also be linked to the unacceptable media reforms that were announced last week, which created political havoc and the resulting spill within the government. As the media reform announcement has done its political job the remaining reforms have now been withdrawn. In the end this all might limit the potential media fallout that would normally have occurred after such a bad news announcement from NBN Co.

As mentioned, the delay is not of any serious consequence overall, nor does it damage the NBN project as a whole. On the technical side BuddeComm believes that NBN Co and Mike Quigley are quite capable of delivering the end result, and the end result is certainly not in doubt. The NBN remains the world’s leading FttH rollout and will bring enormous social and economic benefits to the country.

Paul Budde

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Mexico preps for major overhaul of telecoms regulation

As mentioned in last week’s email I am in Mexico at the moment, where significant changes have been proposed to the telecoms regime in a Bill to be put before the Congress. Here is a report of what I have picked up so far.

Paul Budde at the Seventh Broadband Commission for Digital Development Meeting, Mexico City, Mexico

Paul Budde at the Seventh Broadband Commission for Digital Development Meeting, Mexico City, Mexico

The Mexican government’s timing for the announcement of sweeping changes to the country’s telecoms landscape is impeccable, given that much attention has been focussed on the 7th meeting of the Broadband Commission for Digital Development held in Mexico City, which I attended.

The changes announced will affect Mexico’s telcos across the board, not least of which is América Móvil, the dominant operator owned by the host of the Broadband Commission meeting, Carlos Slim. América Móvil dominates both the fixed-line and mobile/wireless sectors in the country, while its reach – already broad across much of Latin America – is extending deeper into the flagging European telecom scene through astute investments with a number of key incumbent operators which have subsidiaries in several markets in Central and Eastern Europe as well.

The proposed reform has been long in gestation. In early 2012 the OECD recommended that Mexico should reform its telecoms laws and regulations to boost competition and investment, asserting that ineffective competition had led to extremely high prices for consumers and businesses, and had slowed the take-up of new services. The cost to the Mexican economy was estimated at some US$25 billion annually, equivalent to nearly 2% of GDP. One difficulty cited was the court system which enables companies to appeal the regulator’s decisions, so weakening their effectiveness. The OECD recommended that decisions should instead remain in force until the appeals process is finished, as is the norm in most other OECD countries. One recommendation (removing the ‘double window’ whereby regulatory processes are conducted by two different authorities) was addressed in mid-2012.

Currently , telecoms regulation is rather convoluted. It is part-managed by the Under Ministry for Communications and Transport, responsible for granting and revoking licences for public telecom networks, as well as the regulator Cofetel, which ensures that companies meet the terms of each licence, concession, or permit. The Federal Competition Commission also has a hand in monitoring competition within all sectors of the economy, including telecoms.

The government has now proposed that a new regulator be set up (the Federal Telecommunications Institute– FTI) to replace Cofetel. This will have greater power and a wider remit encompassing all telecom sectors, as well as broadcasting. The FTI is intended to have greater bite as well as bark: it would be able to impose fines, control pricing, and crack down on the appeals process. Litigation has long been relied on by the major telcos to stymie unfavourable rulings, and this has encumbered the enforcement of regulatory frameworks and throttled attempts to develop greater competition.

Additional reforms would update the country’s long-standing law addressing foreign investment. Foreign investors cannot own more than 49% of a Mexican corporation, and only 10% of the voting stock. Overturning this restriction, let alone allowing foreign investors to own 100% stakes in telcos, would need a clear demonstration of a benefit to consumers. However, since 2010 senators have considered proposals to amend foreign ownership limits in an attempt to increase competition in the fixed-line sector, so this reform is also not new.

What is particularly interesting is that the proposed changes have support across the political spectrum, so there is a very good chance that the Bill will proceed through the Congress. Nevertheless, the details will be thrashed out and the end result of the conditions of the reforms may be diluted. But they represent far-reaching changes which the country would benefit from enormously.

Next week I will provide a further update on these and other issues. It has been a busy few days, with many interesting developments.

Paul Budde

For more information on these developments, see the report Mexico – Key Statistics, Telecoms Market and Regulatory Overview

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NBN – telecoms or digital infrastructure – a SAU question

BuddeComm sees one of the major problems of the NBN to be that, on the one hand, it is promoted as national infrastructure, a national utility, essential for e-health, etc, but on the other the associated legislation and regulations are based on it being just another telecoms network.

This creates all sorts of issues, particularly in relation to the financial basis of the project. Is its infrastructure there for the national good, with economic and social benefits derived from it which far outweigh any financial gains? Or is it a telecoms network that needs to make money from traditional telecoms services?

We have discussed this issue in some detail on several occasions during the last couple of years – for instance, in the article: Is the NBN Co business model flawed?

These questions are now coming up again, in the discussion regarding the Special Access Undertaking (SAU) which NBN Co has to file with the ACCC. As would be expected, NBN Co developed these SAUs based on its requirements as a telecommunications operator, but is this really in the national interest? Are prices and conditions for its telco wholesalers all that matters, as per the good old telecommunications regulations of the past? Or should we be looking at other elements to measure the performance of the NBN and its operator, NBN Co, in the market?

These SAUs are being presented as if no progress has been made since the old regime, with its decades-old battles regarding access prices and other conditions. Isn’t the NBN all about innovation, digital productivity, supporting e-health, and in general creating social and economic benefits for the nation?

Where are the KPIs of these activities covered in the SAUs, or for that matter in any other undertaking or document? How will NBN co deliver on this? How will they be measured?

The NBN has the potential to transform the entire industry – and indeed significant elements of the economy – but it appears that none of this is recognised or measured in any way by the ACCC or the government.

While one could argue that NBN Co should come up with its ideas and suggestions, they may – perhaps correctly – hide behind the fact that this is not in their charter and that the government has not put any requirements along these lines in their charter.

The ACCC could take a similar position and turn a blind eye by saying this is not our problem – it is an issue for the government to solve.

I have advised both the Government and the Opposition that we believe this to be a key issue that will need to be discussed, with a proper resolution after the elections. This was not received with a great deal of enthusiasm by either side. For obvious reasons the government does not want to discuss any upcoming changes and to date the Opposition hasn’t even recognised the importance of the NBN for the delivery of social and economic benefits.

This could be part of a review as NBN Co’s CEO Michael Quigley has proposed; or the Opposition could put it on its agenda for review. My concern is that most people prefer to talk about the plumbing and the pros and cons of one technology over another and the various costing involved in it all. We are lacking visionary politicians who will dare to take the more difficult, complex, but very strategic act approach of asking why we are building the NBN and, based on the answer to this, put the right policies in place to underpin those goals, which in my view should include the national social and economic benefits derived from the NBN’s digital productivity opportunities.

Paul Budde

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The end of HFC and FttN networks is approaching

Globally, no more new HFC networks

In the global telecoms industry, it looks as though 2013 will be remembered as the year when construction of new greenfield HFC networks came to a halt. Of course, there will still be upgrades to existing networks but the cost of fibre deployment – linked to its much lower operational cost – is now convincing cablecos and telcos alike to build new fibre networks wherever possible. This is not necessarily directly driven by customer demand, but by network costs and network efficiencies. There is increased evidence (e.g.  Netherlands, China, Japan, Korea, France, Israel, Switzerland, Norway and Sweden) that customers will come forward once affordable FttH services become available.

While the DOCSIS 3.0-upgraded HFC networks theoretically can deliver 100Mb/s the reality is that most are delivering speeds of between 20Mb/s and 50Mb/s. The shared nature of these networks and the extra cost involved in providing consistent services at higher speeds to mass markets makes HFC increasingly less competitive with FttH networks. The older HFC networks in particular are facing serious problems with upgrading, and it is questionable if it is at all economic to do so. Cable companies that are now experiencing higher customer uptake of high-speed internet access services are facing problems delivering these speeds, reliably and at a high quality level, to a growing number of customers. True, in many situations they can continue to upgrade, but they are also aware that they will eventually have to replace their plant.

Stretching out the life of copper cables

Aging problems are also affecting copper-based DSL networks. But here, also, new technologies are able to stretch the life of copper for a while longer. Nevertheless, the options are becoming increasingly limited.

Telcos which do not suffer too much competition from cable companies will continue to upgrade their current DSL networks to FttN using VDSL, VDSL2 and VDSL2+ technologies wherever possible. Upgrades are done in a selective way, based on local geographic and market conditions.

There are some serious problems with FttN, both technically and regulatory:

  • The physical aspects of VDSL2+ networks (using the so called VDSL vectoring technique) limits and complicates the level of competition that can be provided.
  • The distance between the FttN cabinet and the dwellings needs to be ever shorter the further you go with upgrades: from ADSL2+ (within 2kms of the exchange) to VDSL and to VDSL2, and ultimately VDSL2+ (around 300-500m from the node).
  • Technologies such as cable bundling require access to good quality copper cables, which are not always available.

VDSL vectoring looks promising, but it is still in its early testing phase, with general commercial deployments not expected for maybe three to five years.

In addition, operators providing these upgrades want to maintain their higher charges, so they are also limiting these upgrades to the more affluent parts of the cities. Where there is strong competition from cable companies we do see several telcos expediting their deployment of FttH. This is becoming a more wide-spread trend, as we can see in Israel, France, the Netherlands, Switzerland and Norway.

The FttH tipping point

The gradual decline in these copper based networks is due to the fact they cannot effectively compete with HFC networks, and that the overall maintenance costs for FttN networks is becoming greater than the cost of constructing FttH networks – especially if these are seen over their usual 25+ year investment periods.

Cable companies are in a better position than FttN operators to deliver high-speed broadband services, based on the technology they use. Competition between these two technologies in the USA – where the telcos are struggling to compete with cable companies – has resulted in a strategy by which copper-based networks will be closed down in those areas where they become less profitable to run.  This is a clear indication that telcos do not see any long-term future in FttN. The problem the US is now facing is that this would lead to a cable monopoly on fixed broadband services, and a sharper divide between the ‘haves’ and the ‘have nots’.

Virgin in the UK has said repeatedly that if it were to expand its footprint it would deploy fibre networks and operate DOCSIS technology over FttH.

Countries such as Switzerland and Norway, which started to deploy FttN a decade or so ago, are now upgrading these networks to FttH. Ukrtelecom (Ukraine) suspended plans to deploy a large-scale FttN network, instead switching to FttH. The company’s studies showed that deploying FttH was more cost effective than FttN in some conditions, and was overall cheaper and more future-proof in the long term. FttH networks in the Netherlands and France have seen significantly higher uptakes of their services over the last 12 months.

Nevertheless it also needs to be said that because of the GFC the roll out of FttH networks has been delayed in many European countries while more emphasis is put on using the existing networks longer On the other side  the Gulf States countries are all rolling out FttH at great speed.

FttH is the only long-term solution

Because of the relatively high retail prices charged by cable companies (up to $125 per month), truly high-speed services are currently only taken up by perhaps 20% of the population – essentially limiting services to those who can afford such high prices. The majority of subscribers will stick to lower speeds up to 20Mb/s at prices under $50. Under these low volume conditions HFC can handle traffic over existing, ailing infrastructure. However as soon as penetration go up – which will happen in tandem with prices coming down – the operators will struggle to maintain quality of service over these networks within acceptable infrastructure cost structures, especially since the maintenance costs of these old networks will be substantial.

So, from a purely infrastructure investment point of view FttH is the only long-term option.

Good quality HFC and FttN – interim solutions

This is not to say that the existing HFC and FttN networks will immediately die out. Diesel trains started to replace the steam train in the 1930s – this happened at the height of steam train technology (reaching 220km per hour) – but it was not until 1960 (30 years later) that the last steam trains disappeared in the USA and Europe. Good quality HFC and VDSL2+ networks could possibly survive for 10 to 20 years. The problem is that there are only a limited number of areas where this is technically possible or economically viable.

The relevance for Australia

All of this is very relevant for Australia. The major Australian telcos are supporting the current rollout of FttH, so it will be interesting to see how the Opposition would manage to convince them to change their long-term investment and business strategies. The industry is already asking the Opposition some tough questions about their plans. Rather than fighting the industry the Opposition should engage with it. It is the industry, not the politicians, who have the right knowledge to make these technical decisions.

If the Opposition wins the election it is possible that, like the steam train example, HFC and FttN networks will be used for a while in selective circumstances, and the industry would be well qualified to discuss those options with the Opposition.

For example, as BuddeComm has said before, good quality HFC networks can continue to be used, and FttN can be deployed, for example, in some multi-dwelling units. However this will require good quality HFC and copper-based networks to start off with – and in perhaps as many as 50% of situations these networks would first need to be upgraded before they could deliver the promised high-speed, quality services.

Given the physical HFC infrastructure that has been rolled out over the last twenty years in Australia, the low penetration rate of cable broadband (8% of households) is a clear indication that HFC operators have never been keen to maximise the use of these networks.

Some commentators are raving about a number of HFC upgrades we have seen from Telstra and iiNet – and these are indeed excellent – but it is important to realise that they affect less than 1% of Australian households. The Opposition will have a struggle to use this as a spearhead to speed up its version of the NBN across significant and larger parts of the country

Also important to realise is that over the last decade the number of actual HFC subscribers has remained static – so much for infrastructure-based competition. And the decisions by Telstra and Optus to not further pursue HFC were made well before anybody started talking about the NBN. If the industry is not keen on pursuing HFC it will be interesting to see what the Opposition will do to make it change its mind.

The key issue – regulation, not technology

Perhaps an even more serious problem than the technology issues will be the regulatory environment, which will need to be adjusted under a reversal of FttH policies. It is interesting to see how Germany is struggling with this as VDSL vectoring is incompatible with the German telecoms regulations. All of this will most likely also require new legislation in Australia and a renegotiation with Telstra and Optus. This can be done, of course, but based on Australia’s regulatory history such changes could easily take between three and five years.

Yet no matter how we look at it, FttN and HFC technologies are the modern-day equivalent of the steam train, and their days are numbered. Customers who would be affected by a reversal of the FttH decision under a possible change of government will most certainly want to know the plans for their services once the old infrastructure finally begins to run out of steam.

The best solution would be to keep the current legislation in place and treat these HFC and FttN options as selective interim solutions. It might be possible to facilitate this within the current framework, without requiring changes to the legislation – the interim regulatory regime could perhaps be used to cope with that.

But this would require the Opposition to make a commitment to keep FttH as its long-term solution, albeit stretched out over a 15- rather than a 10-year period. In this respect it is important to state that this will be a government responsibility since – because of failed government policies from the 1980s and 1990s – Australia never had in the past, and will never have in the future, a competitive infrastructure regime that will drive the upgrade from FttN to FttH.

Paul Budde

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NBN – let the real debate begin

It was good to see both the Opposition leader and the Shadow Treasurer showing their support for Malcolm Turnbull’s NBN plans. This indicates that everybody in the Opposition is now behind the rollout of the NBN, albeit with some obvious changes should the Opposition win the next election.

In previous analyses we have provided high-level parameters for the rollout of the NBN, and these now seem to have bipartisan support. Key points of agreement include:

  • The NBN is important for the digital economy of this country as a key enabler of productivity.
  • Fast, ubiquitous broadband is a ‘must’, not a ‘would like to have’.
  • Over time FttH could, and should, be the end result and any technological path chosen should enable this result.

The contentious issues, therefore, relate more to the detail and to the best way to get us where we want to go.

The key promise of the Coalition revolves around its pledge that its version of the NBN can be deployed cheaper and faster. While it will be interesting to see the details of that promise BuddeComm has earmarked certain areas that could be addressed here:

  • Use good existing infrastructure (HFC and ADSL2+) as long as possible and concentrate the rollout of the NBN in those areas where it is most needed, still linked to further FttH upgrades when the need for such infrastructure becomes more urgent.
  • Extend the rollout of the NBN over a longer period of time – for example, 15 years, based on when the old infrastructure will no longer be able to deliver the required quality of services.
  • Open up the greenfield market to competition.
  • Bring fibre to MDUs but use the existing infrastructure to connect the individual units.

BuddeComm has suggested that the Coalition should invite the industry to comment on some of these issues to establish if they in fact could save money and speed up the rollout.

Until now the industry has been sitting on the fence in order to avoid becoming embroiled in the political disputes, but the existence of bipartisan support now makes it possible to move away from the political rhetoric and start investigating what is doable and what is not, from a technical and practical perspective.

Unfortunately politicians and the media seem to be obsessed with more trivial questions such as  if a 10 year roll out plan is slipping a month or two. While we are not saying that this shouldn’t be watched, far more important fundamental policy issues that need to be discussed – as we see them – include:

  • Should the NBN be treated as national utility infrastructure or as a money-making commercial operation?
  • What needs to be done to prevent NBN Co from becoming another entrenched and inflexible monopoly, albeit based on a less threatening, structurally-separated wholesale operation?
  • Is there sufficient incentive for NBN Co to keep up with market developments? The current speed entry level is fine for now, but what security is there that the price entry level will be maintained while at the same time speeds will increase to reflect the market need, especially in  relation to applications such as tele-health and tele-education?
  • Are the current POI (point-of-interconnect) arrangements sufficient to ensure competition on top of the network, or will this market be dominated by 2 or 3 players? And if that is the case what is the ACCC going to do about that?
  • Could certain elements of the NBN be privatised earlier – eg, the satellite operation?
  • Should NBN Co become more involved in supporting digital productivity and social and economic developments such as e-health, e-education, smart grids, etc?

So far what is missing from the Coalition is its view regarding the developments within the digital economy and the productivity gains that infrastructure such as the NBN, together with other ICT developments in services and applications (healthcare, education, smart grids, M2M, big data), can deliver. It is essential for these two issues to be linked – we need to develop both the infrastructure and the applications.

It would be good if from now on we could discuss these issues frankly and openly within the broader community and with all parties involved – without the political sting attached – like the debates we had in the run-up to the NBN between 2006 and 2009. Key would be for the Coalition to invite the industry into the debate to help them develop the right policies

Equally important ….. this is also an opportune moment for the government to review its NBN policies and identify where they can be finetuned. As we have said from the outset, it is essential that the government shows the flexibility and openness to make changes along the road. We are all on a learning curve, and there is no shame in making adjustments where necessary, based on lessons learned here and elsewhere and developments that are taking place in the market and in the technology.

Paul Budde

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