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    Interconnection price cap rejected
    By Lenie Lectura
    Reporter
     

    THE country’s largest mobile-phone operator warned regulators over the weekend that industry players will be forced to cut back on investments in telecommunications services if a price cap on interconnection charges for voice and short-messaging service (SMS) is imposed.

    Smart Communications Inc. spent over P12 billion last year to fund the operation of its text-messaging network. Eighty percent of its total network capacity utilization is associated with SMS usage.  Additional investments, it said, are necessary to expand the network and accommodate the surge in SMS traffic.

    But the cellular firm seems apprehensive rack up huge costs and expenses to maintain and enhance services, including SMS, because of a proposal that the government seems determined to implement.

    “The cap on interconnection charges will discourage further investments in the industry as telcos and investors cannot expect a reasonable period of time for the return on investments. Dictating lower access charges by imposing rate caps, while adopting the existing interconnection model, does not provide equitable returns to the network provider for its investment in facilities. The substantial decrease in revenue resulting from the implementation of the circular will discourage further network expansion project,” Smart said in its position paper submitted to the commission last week.

    Smart pointed out that interconnection is a voluntary commercial transaction in other countries. As such, each party is expected to benefit, or the nonbeneficiary will not make the deal. It offers no benefits to the unwilling company if the transaction results in returns less than the cost of capital which makes the investment economically inefficient.

    “It should be the goal of regulation to encourage economically efficient investment to promote the long-term interest of end-users. If regulation is used to compel cellular operators to engage in involuntary transactions, which results in lower returns on capital employed or economically inefficient investment, both practical (end-users will suffer) and legal and constitutional (unlawful taking of property without due process of law and violation of the rights to contract) issues will arise,” Smart said.

    Besides, the National Telecommunications Commission (NTC), it stressed, cannot simply dictate or impose on interconnecting parties the interconnection charges between them. This is in recognition of the parties’ freedom to contract which is guaranteed under the constitution by prohibiting any law which impairs the obligation of contracts. The law also allows the NTC to intervene only when the parties fail to agree on the interconnection charges between them.

    Interconnection or access charges are the rate paid a by carrier for every minute of call or for every text that passes through the network of another carrier. The current access charge for SMS is P0.35 per text and P4 per minute for voice calls between cellular networks with separate networks.

    About 21 percent of the cellular firms’ operating revenues are from interconnection charges. The NTC said Globe Telecom earned about P14 billion while the Philippine Long Distance Telephone Co. Group roughly made P17 billion in 2006.

    The NTC believes that if access charges are further brought down then the retail price of voice and text messaging will be lower and much lower if the call or text is within the same network. Or, the retail price for SMS within the same network may almost become free if the interconnection rates are set.

    If the NTC is successful in implementing the proposed cap on access charges—P0.15 on SMS and P1.50 on voice call—the SMS retail rate is estimated to cost anywhere between P0.40 to P0.60 per text.

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