Conroy: there will be no delay

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Conroy: there will be no delay
"NBN is going to be whoelsaler only - it is not possible have the vertical domiance that the big T has. Mike"
 
By Brett Winterford
Oct 14, 2009 11:27 AM
Tags: Conroy | NBN | National | Broadband | Network | Telstra | functional | structural | separation

Communications Minister says Telstra split legislation will not be held back.

Communications Minister Stephen Conroy has rejected pleas from Telstra and shareholders to delay the passage of legislation aimed at splitting the telecommunications company.

Yesterday, Telstra and several institutional investors argued that the legislation should be delayed until after the NBN Implementation Study is complete.

In an assertive speech made to the CommsDay summit in Melbourne, Conroy said he would not give the carrier any more time to negotiate a better position with the Government.

"We remain absolutely committed to debating and passing this legislation before the end of this year," Conroy said. "The time for action is now."

Conroy said the legislation is required regardless of the National Broadband Network.

"The existing regime has failed, over many years, to deliver the right competitive outcomes for Australian consumers and businesses," he said.

Conroy said the current regulatory model "is prone to delay, gaming and uncertainty for all parties."

To illustrate, Conroy said that there had been only three access disputes in airports, energy and other regulated industries since 1997. Within the same time frame, there were 150 disputes in the telecommunications sector.

"The fact is, that after eleven and a half years of inactivity in government, Nick Minchin and the Liberal Party have a single policy platform - delay," Conroy said. "Delay to hide the fact they have no other position."

Short memory

Conroy also slammed Telstra investors over their calls for more delays.

Telstra investors, he said, suffered far more under the antagonistic leadership of Sol Trujillo than they have since Conroy's amendments were proposed.

"Some large institutional investors have expressed surprise at our recent announcements," he said. "It is difficult to understand the analysis of some of these commentators. Under the previous Telstra management, the Telstra share price fell almost 40 percent from when Sol Trujillo was appointed to his departure announcement [$5.10 to $3.15].

"Did we hear anything from these large institutional investors during that period? Where was their public campaign questioning the strategy of the previous Telstra management at that time?"

Conroy pointed out that several financial analysts have pointed out the opportunities the legislation might provide Telstra.

"Bloomberg analysis found that found that out of 17 brokers who cover Telstra, 11 recommended a 'buy' and only three recommended investors a 'sell'," he said.

Industry support

Industry representatives appearing before a Senate Inquiry into the Telecommunications Amendment Bill also rejected calls for delays.

David Forman, executive director of the Competitive Carriers Coalition said the arguments to delay the legislation "don't wash."

"The time has come for this industry to be exposed to the disciplines of real competition," he said.

Rosemary Sinclair, chair of the Australian Telecommunications User Group (ATUG), said she would prefer Telstra to voluntarily separate.

She said ATUG is "keen for discussions to conclude and a win-win for Government and Telstra."

"We don't see any reason for those discussions to be a cause of delay of this legislation," she said.

The legislation offers incentives, she said, for Telstra to act in such a way that results in "good outcomes" for consumers. This incentive is removed should the legislation be delayed, she said.

Sinclair also said it was not improper nor without precedence that the Government use next generation mobile spectrum auctions as leverage in the market.

Sinclair said the ACMA (Australian Communications Media Authority) has the power to not include a player in spectrum auctions if the competition watchdog (ACCC) has concerns over competition.

She said there has never been a guarantee any player would be allocated spectrum.


 
Comments: 15
Thoughts on this article? Add a comment below.
scan06disk
Oct 14, 2009 12:25 PM
Haha Awesome Conroy !
mick09
Oct 14, 2009 2:42 PM
Awesome indeed:
“If they want to compete with the network, then bring it on”
Sort of War of the Worlds stuff - truly awesome:
“We will build the NBN with or without Telstra and while it would be cheaper and quicker with Telstra’s help, we don’t need them to build the network, we are building the network irrespective of the outcome of the talks with Telstra”
How can you have a good faith negotiation with that?
cootified
Oct 14, 2009 5:13 PM
I hope Telstra realises that their rejection motion will affect the 4G spectrum due to be auctioned off next year?
cootified
Oct 14, 2009 5:20 PM
By the way, there is no negotiation when its a monopoly, funny that?
mjc130
Oct 14, 2009 5:37 PM
I must say I upfront I am not a labor voter and do not agree with amny of Rudd's policies. That said, you've gotta love Conroy. Telstra have a monopoly (ok only 80% of the market) and are fiercely trying to protect it. They have the option to separate into say TelW (wholesale) and TelR (retail) where shareholders get an equal share in each. They also have the option to sell the assets of TelW into the NBN Co. never forget the PMG/Telecom days where taxpayers built the telstra network as it currently stands. Also remember the the government is still the major shareholder in Telstra.
Go Conroy!
anonymous
Oct 14, 2009 5:38 PM
@mick09, how can you have a good faith negotiation with a bullying and arrogant monopolist? Perhaps the best way is by making sure the bully knows you have an even bigger stick than the bully.
scan06disk
Oct 14, 2009 6:49 PM
@mick09 So you want the NBN to work with Telstra ? ROFL !! The people who are ripping us off in the first place, to make more money ?? LOL
adavion
Oct 14, 2009 7:56 PM
Preventing Telstra from having its own LTE license is not a prohibitive impost on Telstra. Telstra licensed its 3G network from Hutchison. Similarly Vodafone did not have a 3G network - it licensed Optus's. There is nothing stopping Telstra from becoming a MVNO by licensing LTE at wholesale prices from Optus or VHA- or fronting cash to anyone who would put such a JV in place. The only thing that will make Optus a bidder for LTE will be the threat of their 3G WCDMA network being made completely redundant by Telstra's 4G LTE network. As it stands Telstra can get more improvements out of NextG which is already significantly better than Optus's WCDMA. Furthermore whatever the price for spectrum, the largest cost is base stations, which Optus would not necessarily like to incur- at least unles it does a rolling replacement of WCDMA. Therefore the financial impacts of no LTE license are deferred for Telstra for a number of years.


Secondly on a different point, structurally separating Telstra will not improve wholesale competition. Competition is defined as the inverse of concentration which is defined (under the HHI adopted by the ACCC) as the sum of squares of the market shares of the industry participants. Going from 1 ASX listed regulated utility to 1 larger scale government controlled regulated utility increases the HHI, decreasing competition. In fact if you are interested in competition you must prevent Telstra from vending in its infrastructure into the NBN. To do otherwise dooms Australia to a monopoly provider of fixed line wholesale capacity. The point of competition is to incentivise continued price falls and innovation. With the installation of an NBN owning Telstra's wholesale assets there will be an initial step decrease in prices, but from there there is no incentive to continuously lower them and no incentive to improve the network because there is no competition.

Third it is absolutely imperative for the government to get Telstra's help in building the NBN, unless the government is prepared to invest the $43bn in cash itself and blow their investment in a commercially unviable company. The majority of the $43bn is being applied to commercially unviable areas of Australia anyway- reional and rural areas. Telstra does not need to roll out FTTP in unprofitable areas. It can cherry pick the most profitable CBD and urban areas, rollout fibre faster than the NBN Co, and offer urban retail subscribers a price that is not inflated to achive the NBN's political goal of having a single price point for all regions. [Although Quilty and Conroy are in disagreement over this aspect of NBN service pricing].

Finally the Australian Government no longer has a shareholding in Telstra. The Future Fund is a separate and independent shareholder. The beneficial owners of the Future Funds's shares are not the Government, nor the Taxpayers but current and past members of the Defence Force, Federal MPs and bureaucrats and other Commonwealth Government superannuants.
mick09
Oct 14, 2009 9:04 PM
Huh scan06disk? The quotes are Conroy's words, today, at the CommsDay summit.
Only adavion seems to understand the reality behind the rhetoric. NBNCo is being setup as a total monopoly to replace the dominant player, Telstra.
The crescendo of hysteria from cootified, mjc130, and anonymous just highlights how desperate Conroy's rhetoric is becoming.
Maxxi
Oct 15, 2009 9:24 AM
Oh Adavion, all the more reason to break the Telstra monopoly and open the market to true "open access" networks.

There is a fundamental difference between a private, restrivtive monopoly, and a state owned, open access, national infrastructure organisation.

Trying to compare the two is a glib exercise and misrepresents the context of their purposes.

Telstra's inherent job is to screw the market and bring down competition (they have proven that for a decade), whilst the NBN is their to build and expand a profitable market.
.
Maxxi
Oct 15, 2009 9:27 AM
mick09, really sounds like you have some personal issues and an agenda in regard to Conroy that has little to do with the NBN itself...

There was nothing desperate in Conroy's speech at CommsDay at all, he just laid the cards on the table with the same story he has been telling on this issue for months...

It is the Telstra folks who are proclaiming the end of the world as we know it should they be split... lol


mick09
Oct 15, 2009 10:18 AM
Ahhh Maxxi,
Not "the end of the world as we know it", more a "back to the future" PMG's Department - do you recall?

Does the NBN have anything to do with Conroy's Telstra split legislation?

In the words of Forman of CCC:

On Friday, Forman issued a scathing anti-Telstra
press release stating that the planned amendments "have nothing to do with the NBN, and Telstra
knows it".
Forman seemed to have changed his tune while being quizzed by Liberal senator Simon Birmingham.
He asked Forman what was more important - the passage of legislation changes to separate Telstra, or
the NBN?
"If you gave me a choice, I'll take this legislation and let the NBN sort itself out over the course of the
next eight years," Forman replied. "If you suggested to me that the NBN was likely to succeed in the
absence of this legislation, I would say that's a pretty big bet."
deonast
Oct 15, 2009 11:36 AM
While I agree with a split between wholesale and retail Telstra I don't agree on the 4G License sale possibilities. How does an auction system where the highest bidder gets the spectrum work for the consumer? Even if sub-licensed by the winner this is a competition problem. Sadly governments are too eager to gain a quick windfall from auctioning spectrum than concerned about the public at all.
The Government could themselves retain and license the spectrum if they really wanted and ensure competition and revenue streams, but as always they are after a quick pay-off and to abdicate long term responsibility.
scan06disk
Oct 15, 2009 2:15 PM
@Adavion & mick09
The NBN might become like Telstra eventually having that "dominance" factor..., but never the less the NBN will provide access to other competitors, this will open up other opportunities in due time...

Every single telephone exchange is OWNED by Telstra(think about PSTN, DSL, etc...), if competitors were to arise Telstra needs to split and the NBN is their only hope !

I feel Telstra's dominance for about 16 years, has to come to an end, all due to their selfishness !
Digger11
Oct 15, 2009 3:41 PM
NBN is going to be whoelsaler only - it is not possible have the vertical domiance that the big T has.
Mike
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