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To: lml who wrote (2601)12/15/1998 4:30:00 PM
From: Stephen B. Temple  Respond to of 12823
 
Last mile challenges are everywhere>

Political Shift Leaves German Carriers on
Hold

By Peggy Salz-Trautman at
CommunicationsWeek International

15 December 1998

The tug-of-war in the German marketplace over the price of
unbundled access - the monthly fee Deutsche Telekom can
charge rival operators for access to the "last mile" - has
ended in a surprising stalemate that raises questions about
the independence of the country's regulatory authority -
the Regulierungsbehorde - and the agenda of its new Social
Democrat government.

The issue of unbundled access has been a thorn in the side
of all parties concerned for over a year. Deutsche Telekom
and its competitors have presented their cases three times
to the regulatory authority, and each time they failed to
reach an acceptable compromise.

According to Telekom's calculations, DM47.26 ($28.3)
would be a "fair" fee to charge for the last mile. However,
its competitors argue that the price should not exceed
DM15. To avoid a conflict and create a solid basis on which
all telecoms operators could plan their future investments,
the regulatory authority set the price for unbundled access
provisionally at DM20.65 and announced it would take a
final decision on 30 November.

Three days before the long-awaited decision, Telekom
withdrew its proposal, a move that made the
Regulierungsbehorde's decision superfluous. "We had
worked hard and were finished and ready to announce the
decision," said spokesman Harald Dorr. "But there is no
need to announce a decision since Telekom withdrew its
proposal ... We would have announced, with a good
conscience, a rate of DM23.20."

Without a decision on unbundled access the provisional
rate of DM20.65 will stand unchanged until 30 April, when
the regulatory authority is again expected to announce a
decision.

While telecoms operators are angered by the delay, they
are infuriated by Telekom's conduct and the apparent
meddling of Germany's economics ministry, which oversees
but has no jurisdiction over the regulatory authority.

Indeed, it was economics minister Werner Muller who
"recommended" Telekom to withdraw its proposal.

Muller, who refused further comment, has since indicated in
press statements that his involvement was necessary to
avoid a blow-up of tempers, since neither Telekom nor its
rivals would have accepted the regulatory authority's
decision.

A Telekom spokesman said Telekom withdrew its more than
1,500-page proposal because "some points in it were not
clear" and needed further clarification.

But the regulatory authority dismissed this, saying it had
already reached a decision and had not required additional
documentation. Telekom now has until February to submit
its proposal for the fourth time.

The VATM, Germany's association of telecoms and
value-added service providers - an organization with 40
members totaling DM12 billion in sales - charges that the
ministry's decision to intervene on behalf of the incumbent
is a message to the marketplace that the cards are stacked
in Telekom's favor. "It is unbelievable and unprecedented
that a minister would use his insider information about the
decision of a body under his authority to exercise influence
over the course of events," said Jurgen Grutzner, deputy
chairman of the VATM in Cologne.

This is not the first time that Muller's actions have shocked
Germany's operators. Shortly after taking office he
announced that he sees himself as the "champion of the
citizens and the Telekom work force." But critics in the
opposition have suggested that Muller is less interested in
the employees than in the fact that the government still
owns 74% of the carrier.

Such statements are "poison" to the marketplace, according
to the VATM.

"He who publicly calls himself the advocate of Telekom's
work force and shareholders in this situation wipes his feet
on the justified interests of tens of thousands of workers
and shareholders at other mid-size and large [telecoms]
companies [who are VATM members]," said VATM
president Hans-Peter Kohlhammer.

The decision shows the "reach of political influence in
Germany," said Harald Stober, chairman of
Dusseldorf-based Mannesmann Arcor AG. "It is again
shown how very much politics protects Telekom. [The
withdrawal] gives Telekom a chance to postpone
competition in the local loop and protect its own position."

Despite the insecurity created by the decision, Arcor is
moving ahead with its ambitious plan to enter the local loop
in major German cities in 1999. On 3 December the company
launched its first end-to-end offer for customers in
Stuttgart. For a monthly rate of DM44.90 customers receive
a complete package of services, including an ISDN
connection and Internet access with free e-mail. The offer,
Arcor-All In, costs DM18 per minute for peak-time domestic
calls and DM0.10 on weekends. Local calls cost between
DM0.5 and DM0.9 per minute.

Arcor's move is the most recent in a race by carriers to
slash prices and grab market share. The price war took on
new momentum in November when Telekom retaliated
against "dumping prices" with a plan to slash its own
prices by up to 63%. The cuts must be approved by the
regulatory authority before coming into effect on 1 January.

The price cuts are also Telekom's answer to what chief
executive Ron Sommer maintains is an unfavorable
regulatory environment, which forces it to bear the cost of
integrating its transmission technology with that of rival
telecoms providers. "What we see today is a price war that
is carried out on the back of Telekom," Sommer said.
Telekom expected prices to fall, but not "at this pace."

Viag Interkom GmbH, of Munich, has said it prefers to
monitor developments before possibly cutting its prices as
well. Dusseldorf-based o.tel.o Communications GmbH is
waiting to see if the regulatory authority approves
Telekom's new rates. "Then we will react with an offer of
our own," an o.tel.o spokesman said. For the moment the
company is too busy regrouping under new management
after its shaky start and reports that its 1998 losses might
top DM2.2 billion.



To: lml who wrote (2601)12/15/1998 8:00:00 PM
From: DenverTechie  Read Replies (1) | Respond to of 12823
 
Good questions, lml. No easy answers though.

1. The answer to why renew the franchise is kind of straight forward. The cable company makes the promises up front at renewal time so that they can get renewed, then build in penalty clauses if they don't meet the upgrade dates promises at renewal time (and of course hardly ever pay due to the loopholes). But the key is that THEY ALREADY HAVE THE RENEWAL IN THEIR HAND based on the upgrade promises. Pretty nifty deal, right?

2. Length of franchise agreements vary all over the place. Most are anywhere from 5 to 10 years. I've seen some as long as 15 and 20 years, almost none less than 5 years (has to do with that capital intensive thing you discussed and time to recover investment and try to make profit).

3. Very few have early termination provisions. I've never seen one like that or heard of it happening. Every now and then a cable company will have such horrendous performance on rates and customer service that a municipality will try to oust them. A city around Denver recently tried to replace TCI at its last renewal date. The city government actually puts the matter to a vote and the people can decide. Wouldn't you know they voted to replace TCI there and sure enough TCI came back, made a bunch of additional promises, with penalty clauses, gave the government a free institutional network, etc. and people voted to keep them! That was after the city council let everyone know there would be disruption of service and higher rates if TCI was replaced (someone would have to buy the existing plant at inflated valuation of course).

4. It's nice that Century has an agreement with @Home but @Home has a very specific build plan and their own agenda. They will eventually get to you based on a schedule that only they know, where-ever your system fits in the grand scheme of things.

Cable business is interesting, no?