Sub-loop decision flawed; prices rivals out of the game: Orcon

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Telecom competitors have been priced “out of the game” by the Commerce Commission determination on sub-loop unbundling released today, says Orcon.

In a statement, Orcon CEO Scott Bartlett says the Commission’s determination is flawed and provides a pricing structure for unbundled sub-loop services that will inevitably lead to market domination by one player.

“The service is prohibitively expensive – we simply cannot see any one player having the necessary fixed-line market share to deploy new infrastructure, certainly no single player does today.

“With this determination, any player would need between 25 and 30 per cent market share to engage in sub-loop unbundling. That’s about as much as the entire non-Telecom industry players combined.”

By pricing Telecom competitors out of the game, the Commission has failed to protect the interests of consumers, Bartlett says.

Orcon has previously written to the Commerce Commission warning that if the right conditions for sub-loop unbundling are not set, there was a “very real risk” that Orcon and other ISPs would be precluded from investing any further in the broadband market.

Bartlett reiterated this in today’s statement saying the Commission’s decision lacks any alternatives for continued investment in local loop unbundling, and takes the country back to the ‘bad old days’.

The improvements in broadband price, speed and service that users have enjoyed over the past two years, a result of competition brought about by unbundling, may now be coming to an end, states Bartlett.

The move to fibre to the home is also at risk: “Every player in the broadband market agrees that fibre to the home is the right solution eventually. But we’ve just had one of the rungs of the ladder of investment pulled from under us.”

Read Orcon’s full statement here.

Vodafone has previously raised similar concerns about how the pricing of unbundled local-loop services could impact ongoing competition in the broadband market. However, it has not commented yet on the Commission’s decision today and has not responded to a request for comment.

Categories: Fixed line carriers | ISPs | Regulatory | TUANZ policy | Vendors

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4 comments

  • Louis says:

    Vodafone has since also made a statement, says the Commission's decision challenges access competition. Read it here:
    http://forum.vodafone.co.nz/index.php?showtopic=2753&st=0&#entry21837

    Added: 18 June 2009, 5:32 p.m. Flag as Spam  |  Flag as Offensive
  • Louis says:

    Also, for a more here are some media report:
    NBR:
    http://www.nbr.co.nz/article/vodafone-orcon-slam-comcom-ruling-telecom-cabinets-103887

    NZ Herald:
    http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=10579304

    Computerworld:
    http://computerworld.co.nz/news.nsf/netw/97EA6995F746CF37CC2575D80076C3D1

    Added: 18 June 2009, 5:36 p.m. Flag as Spam  |  Flag as Offensive
  • Alan says:

    Do you recall about 18 months ago when all those frequencies were auctioned off cheaply suitable for WIMAX use. Some successful bidders (including Callplus, and Woosh) pledged that they would be building a networks in different areas of the country. To my knowledge (correct me if wrong) Woosh wireless is the only company in the process of converting its current UMTS network to WIMAX. Why auction of valuable spectrum cheaply if these successful bidders do not invest in a reasonable timeframe. Seems to me that unless this new technology is rolled out by other companies Telecom will have the monopoly for many years to come.

    Added: 21 June 2009, 9:31 a.m. Flag as Spam  |  Flag as Offensive
  • SteveC says:

    Is this an indication that the ComCom is being given hints by a certain merchant bank in sheep's clothing (or his minions) that the days of intervention are over?

    Added: 21 June 2009, 9:35 a.m. Flag as Spam  |  Flag as Offensive
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