The Competitive Carriers Coalition (CCC) has attempted to
take the high ground releasing a 'statement of regulatory principles' ahead of
what is shaping up to be very polarised pre-lection debate around the NBN and
communications policy in general hoping it will engender "more policy
debate and less political posturing." Good luck to it.
There will certainly be plenty of both. It's been evident of
months that what passes for debate around the NBN between the two major
political parties has much more do with posturing and point scoring than
genuine policy debate.
The CCC hopes that its eight policy principles will
contribute to a "policy and regulatory framework [that] is guided by
principles and long term objectives." More than likely the end result will
be misguided by political expediency, as usual.
It's also questionable whether the eight policy principles
are indeed underlying principles or statements of CCC policy.
The CCC's preamble to its eight principles states: "The
CCC believes that any policy to promote investment in and access to next generation
fixed and mobile broadband networks, as well as the policy and regulatory
environment in which public or private investment is made, must be derived from
some fundamental principles."
Principle Number One is that "All policy must lead to
the development of an industry structure that is conducive to maximising
competition."
Surely that in itself is a policy statement. While many
might disagree, it would be a valid policy, as the Australian Government had
from 1988 to 1997, of limited competition.
Principle 4 is that "Wholesale communications markets
are national by nature, and thus regulation and policy must be national."
Does this mean homogeneous, with uniform wholesale pricing? Certainly the
market and the technologies being used to deliver the NBN are far from uniform.
Principle Number Five is that "Policy should avoid
locking-in legacy technology that inhibits competition or which leads to the
future reintegration of retail businesses with monopoly network elements.
Presumably that's a referenced to FTTN - which looms large
in Coalition policy statements to date - versus FTTP. "Lock in" is of
course a relative term, and while there are clearly many who disagree the
Coalition's 'policy' of bringing better broadband faster to more people is a
perfectly valid policy.
Most of the eight principles are couched in these very
general terms. However the CCC gets very specific in Principle Number Eight,
which states: "In locations where a return is not sufficient to support
commercial infrastructure investment, policies to encourage investment should
promote competition and open access. Policy must avoid subsidies that entrench
the dominance of the major incumbent and improve its market position."
And if that was not specific enough, it adds for good measure:
"Government funding should not subsidise the expansion of Telstra mobile
network coverage without establishing open access arrangements and equivalence
principles consistent with those being implemented in fixed line network
regulation."
The CCC's views on communications policy and its preferred
outcomes are pretty well known. It would have done better to restate these with
convincing arguments and tossed them into the ring as its contribution to the
inevitable pre-election bun fight than to couch them has principles that are
somehow above debate.
This
article first appeared on iTWire, Australia's
leading independent IT&T news and information source.
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