To: RWReeves who wrote (455 ) 3/22/2001 3:30:17 PM From: tuck Read Replies (1) | Respond to of 489 Oy, now regulatory concerns about the Durch market being opened to more competition . . . >>By Jana Sanchez AMSTERDAM, March 21 (Reuters) - Shares in Dutch-based cable operator United Pan-Europe Communications NV (NASDAQ:UPCOY) (UPC) slumped to record lows on Wednesday on fears it may be forced to open up its network to rival Internet service providers. Two Dutch regulators published a joint report that could see the Internet market divided into two. Such a move would lead to UPC's cable networks being opened to Internet service providers (ISPs) that compete with its own ISP, chello broadband NV. The prospect sent UPC shares diving 21 percent lower to a 7.40 euros record low. The stock closed at 8.00 euros, 14.4 percent lower. The stock has dwindled in recent months to less than a tenth of its peak value, hit by weak sentiment in the sector and concerns over debt which totalled 6.5 billion euros at the end of its latest reporting period. Dutch telecom regulator OPTA and competition authority NMa raised the idea of splitting the Internet sector into two distinct markets -- one for high-speed broadband and one for narrowband dial-up Internet. The consultation document also said that cable-based Internet will be defined as broadband, although that definition is likely to be challenged by UPC. "We define cable and ADSL (assymetric digital subscriber line) as broadband in the consultation document," NMa spokesman Saskia Bierling told Reuters. UPC, whose chello unit would have about 95 percent of a Dutch broadband market according to industry estimates, could now be forced to open up its networks to competitors. The consultation document must still be commented on by industry representatives, consumers and lawmakers. After the consultation period, a final document will be sent to the Ministry of Transport which will draft a law for parliament, which wants to open the cable networks. The final document will be ready within a few months. UPC TO CHALLENGE DEFINITION UPC said it doubted that it would be possible to define two distinct markets for Internet access and that European directives would support its position. "We doubt that today there is a broadband market distinct from narrowband," UPC spokesman Bert Holtkamp told Reuters, adding that the definition for broadband is still under discussion as the document is not final. "No one, including OPTA and NMa have a clear picture of what broadband is today, and that is an issue for consultation." Holtkamp added that since chello cannot guarantee users constant access to high speeds, it could not be classified as broadband. "Even if a broadband market were to be defined then it would very much be a newly emerging market and there is a strong tradition reflected in EU directives of regulatory forbearance in newly emerging markets," Holtkamp said. UPC said it would study the 55-page document and would put its position forward to regulators. Analysts were alarmed by the regulators' statement. "UPC is in a dire situation and to tighten the screws now to me seems difficult...these measures would not give the company the opportunity to earn back their investments," said Rabo Securities analyst Arjan Dorrestijn. As the trend in the European Union has been to widen the definitions of markets in order to foster competition, analysts were also critical of the regulators' comments. "The trend now seems to be that the European Commission wants to take measures that will take away some of the heat...after all the facilities-based carriers are boosting competition and innovation," Dorrestijn said. Sources within the European Commission, however, have told Reuters that would be logical to divide the market into two as the customers are distinct and that the EU has no role in what would be a national decision. "This is not good for chello. But it might be good for UPC in the long run, because it will have other ISPs helping to pay for the enormous network upgrade costs," another analyst said. Europe's largest cable operator in terms of number of customers, UPC is 51 percent owned by UnitedGlobalCom (NASDAQ:UCOMA). Microsoft Corp (NASDAQ:MSFT) owns eight percent of UPC's shares. (with additional reporting by Caroline Jacobs in Amsterdam.)<< snip Of course, no one is betting on the long run yet. Worries about debt load still around, too. It's been beaten up so badly, I was thinking I might buy some after a climax sell-off; now I'm not sure. Cheers, Tuck