THE STATE OF COMPETITION IN CANADA'S TELECOMMUNICATIONS INDUSTRY 2016 - By Martin Masse and Paul Beaudry
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RESEARCH PAPERS MAY 2016 THE STATE OF COMPETITION IN CANADA’S TELECOMMUNICATIONS INDUSTRY – 2016 By Martin Masse and Paul Beaudry
The Montreal Economic Institute is an independent, non-partisan, not-for-profit research and educational organization. Through its publications, media appearances and conferences, the MEI stimu- lates debate on public policies in Quebec and across Canada by pro- posing wealth-creating reforms based on market mechanisms. It does 910 Peel Street, Suite 600 not accept any government funding. Montreal (Quebec) H3C 2H8 Canada The opinions expressed in this study do not necessarily represent those of the Montreal Economic Institute or of the members of its Phone: 514-273-0969 board of directors. The publication of this study in no way implies Fax: 514-273-2581 that the Montreal Economic Institute or the members of its board of Website: www.iedm.org directors are in favour of or oppose the passage of any bill. The MEI’s members and donors support its overall research program. Among its members and donors are companies active in the tele- communications sector, whose financial contribution corresponds to around 4.5% of the MEI’s total budget. These companies had no input into the process of preparing the final text of this Research Paper, nor any control over its public dissemination. Reproduction is authorized for non-commercial educational purposes provided the source is mentioned. ©2016 Montreal Economic Institute ISBN 978-2-922687-65-1 Legal deposit: 2nd quarter 2016 Bibliothèque et Archives nationales du Québec Library and Archives Canada Printed in Canada
Martin Masse Paul Beaudry The State of Competition in Canada’s Telecommunications Industry – 2016 Montreal Economic Institute • May 2016
TABLE OF CONTENTS HIGHLIGHTS ....................................................................................... 5 INTRODUCTION .................................................................................7 CHAPTER 1 - HOW DOES CANADA MEASURE UP? ..........................9 CHAPTER 2 - WINDS OF CHANGE IN CANADA’S WIRELESS SECTOR ............................................................................................21 CHAPTER 3 - SHOULD BROADBAND INTERNET BE REGULATED AND SUBSIDIZED AS AN ESSENTIAL SERVICE? .............................27 CHAPTER 4 - FACILITIES-BASED COMPETITION AS A SPUR TO INNOVATION .............................................................................35 CONCLUSION - THE EXPENSIVE PROMOTION OF ARTIFICIAL COMPETITION .................................................................................41 ABOUT THE AUTHORS ....................................................................45
The State of Competition in Canada’s Telecommunications Industry – 2016 HIGHLIGHTS The 2015 edition of this report pointed out that Canad- ians continue to be among the biggest consumers of telecommunications services in the world, and argued that the government and the CRTC should stop emulat- ing the failed policies of Europe and revive Canada’s historically less interventionist wireless regulation, which has served consumers well. Here are some highlights from this year’s edition. Chapter 1: How Does Canada Measure Up? • Penetration and usage rates for newer wireless tech- nologies like tablets, smartphones and LTE connec- tions in Canada are among the highest for industrial- ized countries. ized spectrum acquisition to secure a windfall, and Videotron, which might do the same when it de- • In terms of the quality of services, Canadians benefit cides to divest itself of the spectrum licenses it from some of the most advanced and efficient wire- holds outside of Quebec. less and broadband Internet services in the world. • By insisting on the benefits of a fourth wireless play- • Once again this year, the prices Canadians pay for er, the previous federal government went against a wireless services remain generally higher than in worldwide trend of consolidation in the wireless sec- Europe but lower than in the United States or tor and embraced a static view of competition, Japan. whereas a more dynamic concept of competition shows that competitive discipline and rivalry are not Chapter 2: WINDs of Change in Canada’s necessarily conditional on the presence of a multi- Wireless Sector tude of players in the market. • The highlight of 2015 was indisputably the pro- • Considering that hundreds of millions of dollars will posed acquisition of WIND Mobile by Shaw be needed to upgrade WIND’s network to LTE, it is Communications for $1.6 billion in December of to be expected that WIND’s prices will rise as a re- 2015, providing a well-established fourth player in sult of these significant investments and increasingly Ontario, British Columbia, and Alberta. come to resemble those of the three large national players going forward. • As Canada now has a solidly established fourth player from coast to coast, some have claimed the • As an example of the efficiency of markets, roaming Shaw/WIND transaction is a vindication of the feder- rates have been declining—not primarily because of al government’s interventionist spectrum policies. the Wireless Code, as the CRTC claims, but because But insofar as this constitutes a victory, it has come consumers asked for it and carriers saw an oppor- at a high cost. tunity to solve a major irritant and to attract new customers. • The government’s exclusionary auction rules, such as spectrum set-asides or caps, as well as manda- Chapter 3: Should Broadband Internet Be tory roaming and tower sharing rules, have pre- Regulated and Subsidized as an Essential vented efficient competition and hindered invest- ment in the state-of-the-art wireless networks and Service? services that consumers are demanding. • Critics who note that access to high-speed Internet • The biggest beneficiaries of the federal govern- is limited in some regions of Canada, or among less ment’s interventionist rules during the past years advantaged socioeconomic groups, invariably con- have been the shareholders of WIND and Public clude that government intervention will be necessary Mobile, who arbitraged their government-subsid- Montreal Economic Institute 5
The State of Competition in Canada’s Telecommunications Industry – 2016 to close the gap, but what they consider a market Chapter 4: Facilities-Based Competition failure is actually just the normal course of technol- as a Spur to Innovation ogy adoption. • Facilities-based competition between providers of • Every technology goes through a series of phases the same or similar services, each using its own net- when it is adopted by one group after another, from work, should be a key pillar of intelligent telecom- innovators and early adopters to laggards, finally munications policy because innovation thrives in reaching a saturation level when essentially 100% of environments characterized by facilities-based the population is using it. rivalry. • The major difference today is that new information • Despite the intense rivalry that exists between tel- technologies reach a critical mass and become cos and cable companies, the CRTC has maintained widely accessible to all not in a matter of decades, a 1990s-era wholesale access regime over the years, but in a matter of years. which forces telephone companies and cable com- • According to the CRTC, 96% of Canadian house- panies to provide small Internet service providers holds could access a download speed of 5 Mbps in (ISPs) with access to their networks at regulated 2014, with which an Internet user can do almost rates. everything he or she wants on the Internet, includ- • Last July, the CRTC expanded its mandatory whole- ing watching relatively high quality videos—and sale regime by requiring telcos to allow small ISPs 77% of households do subscribe to such a service, to access their highest-speed fibre broadband servi- up from 71% just one year earlier. ces, also known as fibre-to-the-premises (FTTP) fa- • In 2014, 93% of Canadians were also covered by the cilities, but there is no convincing case for mandat- LTE wireless network, a 4G technology offering ing access to these networks, as incumbents do not speeds higher than 5 Mbps. Given that more and have any inherent competitive advantage in de- more Canadians now access the Internet using a ploying them. smartphone or a tablet rather than a personal com- • Technology research firm Gartner Inc. predicts that puter, this is another indication of the availability of 6.4 billion connected things will be in use worldwide high-speed Internet. in 2016, up 30% from 2015, and that this number • Broadband services with download speeds exceed- will reach 20.8 billion by 2020. Technology giant ing 100 Mbps were already available to 71% of Cisco puts this figure even higher, at 50 billion. Canadian households in 2014, and various providers • This Internet of Things will bring about significant have already started to deploy “gigabit” service benefits for individuals and businesses alike, but it (1,000 Mbps) in several areas of the country. will also have a considerable impact on demand for • The telecommunications industry is investing bil- bandwidth: According to Cisco, global mobile data lions of dollars every year to develop these new traffic grew by a staggering 74% in 2015 alone, and technologies and deploy the necessary infrastruc- will see an eightfold increase by 2020. ture—not because of any comprehensive national • In order to satisfy consumers’ insatiable appetite for strategy devised by bureaucrats in Ottawa, but be- bandwidth, network operators will need to invest cause of competitive pressure. billions of dollars in new infrastructure in the coming years. • Although the European regulator has now recog- nized the negative impact of two decades of net- work sharing regulations and an obsession with price competition, which has led to a decline in mo- bile revenues and underinvestment in network infra- structure, the CRTC appears to have ignored this lesson in its recent FTTP decision. 6 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 INTRODUCTION For each of the past two years, The State of Competition Chapter 3 looks at the widespread access to broadband in Canada’s Telecommunications Industry has assessed Internet that already exists in Canada, obviating the how Canada measured up with other jurisdictions re- need for the CRTC to impose a plan on the industry to garding the quality and pricing of its telecommunica- promote such access as an essential service. tions services. The report has also evaluated how competition was faring in key areas of the Canadian Finally, Chapter 4 argues that facilities-based competition telecommunications market, and provided a critical as- should be a key pillar of intelligent telecommunications sessment of Canada’s legislative and regulatory frame- policy, especially given that the burgeoning Internet of work for this industry. Things will have a considerable impact on demand for bandwidth in the coming years. One of the primary motivations for the publication of the first two editions of this report was that many Canadians are, in our opinion, under the mistaken im- pression that Canada’s telecommunications industry compares poorly with that of other jurisdictions. The report has attempted to dispel the notion that Canadians pay uncompetitive prices for low quality ser- vices. It has also argued that the federal government’s and the CRTC’s interventions in the wireless and wireline sectors aiming to increase the number of players through indirect subsidies and mandated access were not likely to have the intended effects and might jeopardize in- vestments and innovation. Instead of these interventions, the report has argued that the government should lib- eralize its policies on spectrum transfer and the manda- tory sharing of broadband networks, and recognize the role of innovation in assessing the level of competition that exists in a dynamic market. “The report has attempted to dispel the notion that Canadians pay uncompetitive prices for low quality services.” This third edition continues to explore these themes. Chapter 1 provides updated statistics regarding the per- formance of the Canadian telecommunications industry compared with other jurisdictions. Chapter 2 describes the current state of Canada’s wire- less market, with a focus on the acquisition of WIND Mobile by Shaw Communications in December of 2015, as well as a discussion of how and why roaming rates have been declining. Montreal Economic Institute 7
The State of Competition in Canada’s Telecommunications Industry – 2016 8 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 CHAPTER 1 How Does Canada Measure Up? As for the prices Canadians pay for wireless services, they remain generally higher than in Europe, but lower than in the United States or Japan. As we have explained The criticism most often heard regarding the telecom- in previous editions, these low prices are not necessarily munications industry in Canada, and especially wireless a positive sign for the European telecommunications in- services, is that Canadians pay a lot more than people in dustry, however, which has experienced falling capital other countries for lower quality services. It is this criti- expenditures and a lagging deployment of new technol- cism that was used to justify the previous federal gov- ogies in recent years. ernment’s numerous interventions over the past few years aimed at promoting more competition in the wire- less sector. But does this criticism stand up under scrutiny? It is difficult to form a perfectly clear and objective pic- ture of the situation, not only because circumstances (like geography and types of regulation) vary from one country to the next, but also because of the use of dif- ferent research methodologies. The available data, how- ever, do not support such a conclusion. The charts that follow come from the main organizations that publish international rankings related to various as- pects of the telecommunications industry. “Canadians actually benefit from some of the most advanced and efficient wireless and broadband Internet services in the world.” As in the two previous editions of this report, the picture that emerges from these data is first of all that Canad- ians are among the biggest consumers of telecommuni- cations services in the world. This does not constitute a proof, but it is certainly an indication that they enjoy competitive, quality services. Another indication is that the penetration rates of the latest wireless technologies are also among the highest for industrialized countries. The proportion of mobile users connected to the fastest, LTE network more than doubled since last year’s report. In terms of the quality of services, the data indicate that Canadians actually benefit from some of the most ad- vanced and efficient wireless and broadband Internet services in the world. Montreal Economic Institute 9
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-1 Tablet usage 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Ja s Ki and Po n Au and Sw lia Ca n a a ile N gen il ite ea a m Ru ly ia n M ia o do a Fr a Ge nce y te an ic ut ad re Un w Z tin In in si Ar az pa e ai Ita ss d do Ch ra ed ta ex ne In Sp Ch Ko Br rm a n l l dS ng st h ite Un d So e Average traffic per user (MB/month) Source: Cisco, VNI Mobile Forecast Highlights 2015 – 2020, 2015. In regard to tablet usage, Canadians use on average 3,231 megabytes per month. Canada is ranked 6th among the countries where data was available. 10 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-2 Smartphone usage 3,500 3,000 2,500 2,000 1,500 1,000 500 0 Au nd Sw an n Po a Ca d Un Ru a ia es N ing y Ze m Fr ia ce M in o rm il ge y a do ile a a a K al Ar an ic re d in si di in n Ge az ut de ite ss l a o an at Ch na ra p a la t ex ne In Sp nt Ch ew d Ko Br I al Ja e St st h d In d So ite Un Average mobile traffic per user (MB/month) Source: Cisco, VNI Mobile Forecast Highlights 2015 – 2020, 2015. In terms of smartphone usage, Canadians use on average a little more than 1,600 megabytes per month. Such a level of consumption means Canada ranks 5th among Cisco’s sampled countries. Montreal Economic Institute 11
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-3 Smartphone market penetration 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Au orea Ki nd Un an a a Fr s ce Sw an en Z ain Po m Ge and y ly a Ru le Ar ssia a M il do o a a an e In xic li ite ad in in si di az Ita i do an at Ch ra p ed a ne In ew Sp Ch nt Br rm ite eal Ja l e K St ng st ge h C ut d So d N Un Smartphone market penetration by percent of mobile subscribers Source: Cisco, VNI Mobile Forecast Highlights 2015 – 2020, 2015. In terms of smartphone market penetration, Canada ranks 3rd, with a total of 81% of its mobile subscribers using smartphones. 12 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-4 LTE connections as a ratio of total connections 70% 60% 50% 40% 30% 20% 10% 0% Ja a d Ca n Un w a d en Un Au tes Ki lia m Ze ce a rm n Po y nd ly Br e Ru il M ia ge o In ina a a re an il Ar xic d in si di an az pa Ge ai Ita ss do ew ran Ch na a ite d la Ko ne In Ch Sp nt a ite str al e e St ng do F h S ut So d N Share of LTE connections Source: Cisco, VNI Mobile Forecast Highlights 2015 – 2020, 2015. Canada ranks 3rd among the 21 selected countries in terms of the proportion of mobile users connected to the fastest network, with 54% of total connec- tions being LTE (Long Term Evolution, or 4G) connections. Montreal Economic Institute 13
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-5 LTE download speed – Cisco 30 25 20 15 10 5 0 a Au om Ze da ut nd Ki an d lia Ge tes Sw ny en ce Po in nd a Ru y ia ge ile M a o a do zil a l re ic in in di si Ita ss a an a In ra Ch a ite tra p ed So ala la Ko ex ne In d Sp Ch nt a rm N Can a ng St B Fr J Un s h Ar ew d ite Un Average download speed (Mbps) Source: Cisco, VNI Mobile Forecast Highlights 2015 – 2020, 2015. According to the data compiled by Cisco, in terms of average download speed on LTE wireless networks, Canada ranks 1st among the 21 countries included in the sample. 14 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-6 LTE download speed, OECD countries – OpenSignal 35 30 25 20 15 10 5 0 ng d nm a N Aus ark So Is ry h el rl lia Au ds Sp ia N ain y lg a Sw Gr um er e ov d Fr kia ce Fi ly Cz d K ove d h gd a pu m Ire lic Es nd rm ia Po any rt d ed l Ja en ite Ch n d ile M tes o Sw uga De ore Hu alan Ca wa itz ec ic Be nad ec in ni Sl lan ite Sl lan Po lan pa Ita r Ge ton ut a a Re o an an p he a la st ex a r a i e et tr or K St n Ze w Ne Un Un Average download speed (Mbps) Source: OpenSignal, The state of LTE, February 2016. According to the data compiled by OpenSignal, Canada ranks 11th among 31 OECD countries in terms of average download speed on LTE wireless networks. Montreal Economic Institute 15
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-7 Broadband download speed 100 Average Peak Speed 90 Average Speed 80 70 60 50 40 30 20 10 0 e a Fr and pu rk N den et Jap y Sw erl n er s Fi and ec De and Un Be plic ite d ium ng s Ca om rm a Ire ny n d ov y Au kia rt a Sp l Is in Ne Po el Ze d st e lia Tu ly Ch y M ile o a Sw ore e a Sl gar itz nd Ki te Au anc ic Ge nad Po stri Hu lan w lan a Ita a Re a ug ra rk w a ra ex h nm a d Sta d al a l nl Un ite lg or K h ut h So N Cz Average download speed (Mbps) Source: Akamai, Akamai’s state of the internet: Q4 2015 report, Vol. 8, No. 4, March 2016, p. 55. In terms of average broadband download speed (that is, download speed for Internet users with a wireline or cable connection), the Akamai report for the fourth quarter of 2015 ranks Canada 13th among the 29 OECD countries for which data were available. As for average peak speed, Canada is in 14th place. 16 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-8 Share of broadband connections above 10 Mbps 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% rl a Fr nd e k Ja ds Sw Nor n er y lg d De ium n ec d S nd ite Re tes ng ic Ca om ng a rm y rt y Sp l Ire in Is d Au el Po ria Ne Slo nd Ze ia st e lia ly Tu ile M key o a he ore itz wa Ge ar Po an Sw ar Au nc ic Hu ad Be lan n Un F de pa Ita Ki pl w vak a ug ra a an Ch ra Cz ite inla la la st ex nm Un h ta d al r a d pu n N th K u So et Percentage of IP addresses with an average download speed above 10 Mbps Source: Akamai, Akamai’s state of the internet: Q4 2015 report, Vol. 8, No. 4, March 2016, p. 55. For the fourth quarter of 2015, Akamai estimates that nearly 50% of IP addresses in Canada had an average broadband download speed above 10 Mbps. With this percentage, Canada ranks 13th among the 29 OECD countries for which such data were available. Montreal Economic Institute 17
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-9 International mobile wireless prices $140 $120 $100 $80 $60 $40 $20 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 $0 Italy France United Kingdom Australia Germany Canada United States Japan Level 1 (low-volume usage) Level 3 (high-volume usage) Level 5 (very high-volume usage) Level 2 (average usage) Level 4 (very high-volume usage) Source: Wall Communications, Price Comparisons of Wireline, Wireless and Internet Services in Canada and with Foreign Jurisdictions: 2015 Update, Prepared for the CRTC and Industry Canada, Table A3.2, March 30, 2015. The indicated values are expressed in Canadian dollars, adjusted for purchasing power parity. Wall Communications has assembled different baskets of mobile wireless ser- vices in order to compare Canadian monthly rates with those of seven other countries. These baskets were built on a usage basis, ranging from low to very high-volume usage. In terms of prices, Canada ranks 8th for low-volume usage, and 6th for each of the remaining levels. 18 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 1-10 International prices for bundled services $250 $200 $150 $100 $50 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 1 2 3 $0 France United Kingdom Italy Germany Australia Canada Japan United States Bundle 1: Wireline, broadband Internet and mobile wireless services Bundle 2: Wireline, broadband Internet and basic digital TV services Bundle 3: Wireline, broadband Internet, mobile wireless services and digital TV services Source: Wall Communications, Price Comparisons of Wireline, Wireless and Internet Services in Canada and with Foreign Jurisdictions: 2015 Update, Prepared for the CRTC and Industry Canada, Table A3.5, March 30, 2015. Wall Communications has assembled different bundles of services in order to compare Canadian monthly rates with those of other countries. Canada ranks 6th out of 8 countries for the bundle that includes all four services, ahead of Japan and the United States. Montreal Economic Institute 19
The State of Competition in Canada’s Telecommunications Industry – 2016 20 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 CHAPTER 2 WINDs of Change in Canada’s Shaw had previously contemplated entering the wireless Wireless Sector market. In 2008, it acquired AWS spectrum, but subse- quently decided not to launch a service, eventually sell- ing its licenses to Rogers in the summer of 2015. As part The year 2015 was an eventful one for Canada’s wireless of that transaction (and to conform with the federal gov- sector. The highlight was indisputably the acquisition of ernment’s stated policy of not allowing any spectrum WIND Mobile by Shaw Communications. WIND was one transaction that would result in increased spectrum con- of the three mobile telephony start-ups that emerged centration), Rogers then handed over to WIND, at no after the 2008 AWS spectrum auction, and the only one cost, most of the licenses it had acquired from Shaw.4 that had been relatively successful. When Shaw an- However, later in the year, Shaw did an about-face and nounced its acquisition of WIND for $1.6 billion in decided it wanted to enter the wireless market after all. December of 2015, WIND had 940,000 subscribers By acquiring spectrum-rich WIND, Shaw also acquired across Ontario, British Columbia, and Alberta.1 the very spectrum licenses it had owned before the Rogers transaction. WIND’s ascension as a potentially viable fourth player in these provinces had not been seamless. It had acquired Now that WIND is owned by a major telecommunica- AWS spectrum in 2008, but had been forced to remain tions carrier with significant resources, its short-term fi- on the sidelines during the 2014 700 MHz auction be- nancial future is undoubtedly sound. WIND has secured cause its European financial backer, VimpelCom, had the necessary financing to build an LTE network, which it written off its investment in the company. In September intends to deploy in its operating territory by 2017. 2014, however, the tides changed when VimpelCom Shaw’s recent sale of its media division to Corus under- sold its majority stake in the company to a consortium scores the company’s focus on connectivity over content made up of WIND’s founder, Tony Lacavera, and West for the coming years. Face Capital, a Canadian private equity firm.2 The Shaw/WIND Transaction: A Victory for the Federal Government? “With Shaw’s acquisition of WIND, Canada now has a solidly established With Shaw’s acquisition of WIND, Canada now has a sol- idly established fourth player from coast to coast5 (see fourth player from coast to coast.” Figure 2-1). Some have claimed the Shaw/WIND trans- action is a vindication of the federal government’s inter- ventionist spectrum policies.6 WIND’s new owners were able to secure the critical funding the company needed to acquire additional Indeed, as we have discussed in past editions of this spectrum in the March 2015 AWS-3 auction. It almost Research Paper,7 since 2008, Ottawa has intervened re- tripled its spectrum holdings by securing licenses that peatedly in the wireless market in the hope of fostering had been set aside for new entrants in Ontario, British the emergence of a fourth national wireless player, or at Columbia, and Alberta at the low reserve price of the very least, the emergence of a new provider in each $56.4 million.3 of Canada’s regional markets. 4. Of the 18 AWS spectrum licenses it acquired, Rogers only kept two, which covered Alberta and British Columbia. The others were transferred to Wind for $1 apiece. In doing so, Rogers was exercising an option it had pursuant to a broader 1. Shaw Communications Inc., “Shaw Communications Inc. to acquire WIND transaction with Shaw in 2013. It had been unable to exercise the option until Mobile Corp.,” Press release, December 16, 2015. then due to the federal government’s unwillingness to approve the spectrum 2. Pete Evans, “Tony Lacavera and West Face buy Wind Mobile from transfer. See Christine Dobby, “Rogers-Mobilicity deal shakes up spectrum VimpelCom,” CBC News, September 16, 2014. landscape, rewards Wind,” The Globe and Mail, June 24, 2015. 3. The government had decided to set aside 60% of the available AWS-3 5. A few days before the publication of this Research Paper, BCE announced the spectrum (30 out of 50 MHz) for new entrants. Wind was able to secure all of the acquisition of MTS, which could reduce the number of providers from four to set-aside spectrum because no one else bid for it. Mobilicity, which would have three in Manitoba if this transaction obtains the approval of the regulatory competed against Wind for those licenses, had to bow out of the auction at the authorities. last minute due to a lack of financing. Videotron did not acquire any licenses in 6. “Yes, four wireless carriers are better than three,” The Globe and Mail, these markets (except for Eastern Ontario) because auction rules only allowed December 17, 2015. new entrants that had started to deploy a network in these areas to bid on the 7. See Chapter 2 in Martin Masse and Paul Beaudry, The State of Competition in set-aside spectrum. Canada’s Telecommunications Industry, 2014 and 2015 editions. Montreal Economic Institute 21
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 2-1 Established providers by province or region Telus, Rogers, Bell, WIND (Shaw) Telus, Rogers, Bell, WIND (Shaw) Telus, Rogers, Bell, MTS Telus, Rogers, Telus, Rogers, Bell, Vidéotron Bell, SaskTel Telus, Rogers, Telus, Rogers, Bell, WIND (Shaw) Bell, Eastlink Note: A few days before the publication of this Research Paper, BCE announced the acquisition of MTS, which could reduce the number of providers from four to three in Manitoba if this transaction obtains the approval of the regulatory authorities. Claims of a policy victory, however, should be viewed Public Mobile), and to some regional players acquiring with skepticism. If the presence of a fourth wireless com- subsidized spectrum licenses in their home markets petitor in every Canadian province constitutes a victory (Videotron in Quebec, Eastlink in Atlantic Canada, and for the federal government, it came at a high cost. Shaw in Western Canada). These regional players did not require a subsidy to enter the wireless market. They Prior to the 2008 AWS spectrum auction, Carleton already offered cable, Internet, and wireline services, University economist Donald McFetridge warned: and had an incentive to bundle wireless services with their legacy offerings. There are good reasons to believe that a fourth car- rier induced by access to required inputs on con- cessionary terms to enter the market would not “If the presence of a fourth wireless likely increase competition substantially. Indeed, it could well make competition less intense, hurting competitor in every Canadian province rather than benefiting consumers. There is an ad- constitutes a victory for the federal verse selection issue here. Firms lining up for sub- government, it came at a high cost.” sidies are typically not the best competitors or potential competitors in the market.8 The new entrants, however, did not have a strong busi- This accurately describes what happened. The spectrum ness case. Although WIND ended up faring relatively set-aside in the 2008 AWS auction led to the emergence well, the two other new entrants, Public Mobile and of three pure-play new entrants (WIND, Mobilicity, and Mobilicity, did not. Public Mobile was acquired by TELUS for nearly five times the purchase price of its 8. Donald G. McFetridge, Competition in the Canadian Mobile Wireless spectrum licenses, essentially arbitraging its government- Telecommunications Industry, Department of Economics, Carleton University, subsidized spectrum acquisition to secure a windfall. As May 24, 2007, p. 30. 22 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 for Mobilicity, which had been under creditor protection dered investment in the state-of-the-art wireless networks since the government rejected its acquisition by TELUS and services that consumers are demanding. If anything, in 2013, it was acquired by Rogers in July 2015. government interventions aimed at propping up new competitors have allowed those competitors to arbi- Videotron, a Quebec-based provider offering cable, trage their government-subsidized spectrum to secure Internet, wireless, and wireline services in its home terri- windfalls, and have led to lost revenues for the govern- tory, had been thought of as a potential national player ment at the expense of taxpayers. Such measures essen- starting in 2014, after its acquisition of 700 MHz licenses tially constitute public subsidies that are either wasted in Ontario, Alberta, and British Columbia. In 2015, on established regional players that would have had the Videotron acquired more licenses in the same provinces means to bid for the full value of the spectrum, or lost to in the second spectrum auction held that year, this time new entrants that consistently fail. for 2500 MHz frequencies,9 once again fuelling specula- tion that it was mulling over the development of a na- The biggest beneficiaries of the federal government’s tional wireless network. However, it announced in Septem- interventionist rules during the past years have been the ber that it would not develop a national wireless net- shareholders of WIND and Public Mobile, who arbi- work “from scratch.” At the time, its vice president stat- traged their government-subsidized spectrum acquisi- ed that it was considering partnering with another player tion to secure a windfall, and Videotron, which might do such as WIND, or selling off the 700 MHz and 2500 MHz the same when it decides to divest itself of the spectrum airwaves it had purchased in those provinces.10 licenses it holds outside of Quebec. In the case of Shaw’s acquisition of WIND, the $1.6-billion price tag was almost six times what the consortium paid in “Government interventions aimed at September 2014 when it bought the company from propping up new competitors have VimpelCom.11 allowed those competitors to arbitrage In the end, the federal government’s fourth-player policy their government-subsidized spectrum will have benefitted the shareholders of these compan- to secure windfalls, and have led to lost ies a lot more than they will have benefitted Canadian revenues for the government at the consumers. It will also have delayed the use—or the more efficient use—of spectrum frequencies that were expense of taxpayers.” wasted on failed companies or that were simply unused by the spectrum license holders. As of today, Videotron’s out-of-province spectrum licenses remain unused, and Although Videotron has been able to acquire cheap will likely only be used once Videotron sells them to an- spectrum outside of its home territory thanks to favour- other carrier. Inefficient usage of spectrum has been one able auction rules, the economics of expansion into of the unintended consequences of a policy that was other regions of Canada have never been convincing. flawed from the start. Videotron does not sell television, Internet, and home phone service outside of Quebec, and would therefore Is Having Four Wireless Players a not be able to bundle its cell phone service with any other products. This would make it harder for it to ef- Competitive Nirvana? fectively compete against solidly established companies. By insisting on the benefits that a fourth wireless player As noted in past editions of this Research Paper, exclu- could bring to the wireless market, the federal govern- sionary auction rules, such as spectrum set-asides or ment embraced a static view of competition, which fo- caps, as well as mandatory roaming and tower sharing cuses solely on the number of players in the industry at rules, have prevented efficient competition and hin- a given time. This view, however, minimizes other com- petitive pressures that can exist in dynamic markets such as the telecommunications market. 9. The 2500 MHz frequency can be used to provide mobile phone and data services, as well as high-speed Internet in rural communities. The auction A more dynamic concept of competition shows that com- framework, released in January 2014, imposed a spectrum aggregation limit (or cap) of 40 MHz in each service area of the 2500 MHz band, except in Northern petitive discipline and rivalry are not necessarily condi- Canada, where there is no such limit. The government had stated that the use of tional on the presence of a multitude of players in the caps would apply equally to each provider this time (unlike the caps used in the 700 MHz auction which only applied to large providers) and would ensure that at market; they can also be generated by the anticipation least four carriers will be able to use the 2500 MHz frequency band. 10. “Vidéotron won’t build national wireless network ‘from scratch’,” CBC News, September 17, 2015. 11. Pete Evans, op. cit., footnote 2. Montreal Economic Institute 23
The State of Competition in Canada’s Telecommunications Industry – 2016 Table 2-1 Number of national wireless providers in developed countries Australia 3 Japan 3 Austria 3 Netherlands 3 Belgium 3 New Zealand 3 Canada 3 (4)* Norway 3 Denmark 4 Portugal 3 Finland 3 Spain 4 France 4 Sweden 4 Germany 3 Switzerland 3 Greece 3 United Kingdom 4 3? Ireland 3 United States 4* Italy 4 3? Source: Glen Campbell, Global Wireless Matrix 4Q13 - 2014: The Year Ahead, Bank of America Merrill Lynch, January 8, 2014, p. 2. Modified by the authors to take into account the latest developments. *Both Canada and the U.S. also have a number of regional networks, Canada having a fourth in every region of the country as shown in Figure 2-1. The United Kingdom and Italy will potentially follow the trend of reducing to three carriers, as both countries’ antitrust regulators are currently reviewing transactions that would reduce the number of wireless players in each country from four to three. In France, another attempted merger, which would have reduced the number of wireless providers from four to three, was abandoned in April 2016. of new services in the future.12 Such a dynamic vision and Ireland. The United Kingdom and Italy will poten- emphasizes that competition should be viewed as a pro- tially follow that trend, as both countries’ antitrust regu- cess rather than a fixed state of affairs. Less importance lators are currently reviewing transactions that would should be placed on market allocation and the number reduce the number of wireless players in each country of players in a given market, and more on innovation from four to three.14 As shown in Table 2-1, a majority of and potential competition.13 developed countries have only three national wireless providers. “Inefficient usage of spectrum has been Now that Canada has a fourth player from coast to one of the unintended consequences of coast, what is to be expected? Are significant price re- ductions around the corner? This is unlikely. When asked a policy that was flawed from the start.” about pricing in the midst of the WIND acquisition, Shaw CEO Brad Shaw stated that pricing would be From an empirical perspective, it is noteworthy that the “somewhat discounted, but probably closer to the in- previous federal government’s objective of having four cumbents as we go forward.”15 This statement is not national wireless players went against a worldwide trend particularly surprising. As Financial Post journalist of consolidation in the wireless sector. In recent years, Christina Pellegrini recently explained, “[T]he technol- the number of national wireless players has gone from ogy Wind operates today is outdated and is known to five or four to three in Australia, Austria, Japan, Germany, 14. See Daniel Thomas, “Hutchison makes new concessions on O2-Three 12. Neil Quigley, “Dynamic Competition in Telecommunications,” Commentary merger,” Financial Times, February 14, 2016; Foo Yun Chee, “Italian regulator No. 194, C.D. Howe Institute, 2004. wants to handle Hutchison, Vimpelcom deal,” Reuters, February 26, 2016. 13. J. Gregory Sidak and David J. Teece, “Dynamic Competition in Antitrust 15. Christine Dobby, “Shaw to buy Wind Mobile for $1.6-billion,” The Globe and Law,” Journal of Competition Law & Economics, Vol. 5, No. 4, 2009, p. 619. Mail, December 16, 2015. 24 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 result in dropped calls, poor service inside buildings and liver what consumers want. Rather, it means that over spotty service outside them, too. As a result, Wind char- time, they will tend to do so in a sustainable manner ges customers less per month than the incumbents.”16 thanks to competitive forces, not government regulation. Considering that hundreds of millions of dollars will be needed to upgrade WIND’s network to LTE, it is to be International roaming fees are a case in point. Over the expected that WIND’s prices will rise as a result of these past several years, one of the chief criticisms levelled at significant investments and increasingly come to resem- Canadian wireless carriers has focused on international ble those of the three large national players going roaming fees. Some consumers have had to learn about forward. high roaming fees the hard way: by unexpectedly being hit with exorbitant phone bills after travelling abroad. That being said, regardless of what one may think of the federal government’s wireless policies since 2008, Can- Lately, however, this situation has evolved substantially. ada now has well-established fourth players across the Carriers have started offering more attractive plans to country. The new federal government should seize this their customers, allowing them to use their phones opportunity to remove the proverbial training wheels on internationally without being afraid of racking up huge new entrants and revert back to the traditional, pre-2008 phone bills. practice of holding open (i.e., non-preferential) spec- trum auctions. For instance, in late 2014, Rogers introduced a mobile roaming plan called “Roam Like Home” that allows its top-tier subscribers to pay a daily fee of either $5 (in the “The previous federal government’s U.S.) or $10 (elsewhere) to use their phones as they do at home in over 100 destinations.17 Rogers credits the objective of having four national introduction of its new roaming plan for the substantial wireless players went against a reduction of roaming-related complaints from its cus- worldwide trend of consolidation in the tomers to the Commissioner for Complaints for wireless sector.” Telecommunications Services.18 This trend has since become generalized. In July 2015, Canadian wireless carriers will need to make significant TELUS launched a similar package called “Easy Roam” investments in the coming years to stay ahead of the for U.S. travel that costs $7 a day for access to the voice technological curve. Returning to a regime of light- minutes, text messages and data allotment included in a handed regulation would help create an environment customer’s existing rate plan. The company claims to conducive to innovation and investment. Canada’s new have reduced its pay-per-use rates by up to 80% since wireless entrants are no longer small, poorly-capitalized 2011. companies that need to be protected by the CRTC and Bell has taken a somewhat different approach by offer- Industry Canada. Rather, they are large, well-capitalized ing its customers passes and bundles based on destina- regional players that can compete with the incumbents tion, length of time away and use, which range from an on equal footing in a regulatory environment that additional charge of $20 to $95 for 30 days.19 should rely on market forces to the maximum extent feasible. SaskTel, Saskatchewan’s incumbent carrier, also recently announced it would reduce its U.S. and international Markets Aren’t Perfect… But They Work! roaming rates. Under the new rates, data and voice in The Case of International Roaming the United States will cost 7¢ per MB and 7¢ per minute respectively. For other countries, rates for wireless data One of the recurring themes of this report is that relying usage now range between $1 and $15 per MB depending on markets unencumbered by heavy-handed regulations is the best way to ensure that Canadians get world-class telecommunication services. To be clear, however, be- lieving in the superiority of market-based solutions does not imply that free markets are “perfect” and always de- 17. Rogers Website, Shop, Wireless, Travel. 18. According to the company, complaints “are on track to decrease by 90% this year, from the 2012-13 results.” Rogers, “Rogers reduces complaints by 65 per cent in CCTS mid-year report,” Press release, March 30, 2016. 16. Christina Pellegrini, “Shaw Communications Inc to acquire Wind Mobile 19. Christina Pellegrini, “Rogers Communications Inc wins fans, sales with Corp in $1.6-billion deal,” Financial Post, December 16, 2015. aggressive roaming push,” Financial Post, October 13, 2015. Montreal Economic Institute 25
The State of Competition in Canada’s Telecommunications Industry – 2016 on which zone one is roaming in.20 SaskTel also launched more attractively-priced roaming plans for heavier usage. Barbara Motzney, the CTRC’s Chief Consumer Officer, noted that complaints about roaming charges went down 27% from 2013 to 2014.21 She credits the CRTC’s Wireless Code for helping consumers be more informed about their phone plans. The Wireless Code, among other things, required carriers to notify customers when they are roaming and what the associated costs are. It also imposed caps on roaming charges and data over- age charges to avoid unpleasant surprises. The CRTC should be commended for sensitizing con- sumers to the importance of understanding the terms and conditions of their contracts and imposing on carri- ers the duty to communicate with their customers in a clear and easy-to-understand manner. The significant re- duction of international roaming rates, however, is not primarily attributable to the Wireless Code. “The new federal government should seize this opportunity to remove the proverbial training wheels on new entrants and revert back to the traditional practice of holding open spectrum auctions.” Roaming rates have been declining for a simple reason: because consumers asked for it and carriers saw an op- portunity to solve a major irritant and to attract new cus- tomers. As soon as one company started to offer more attractive roaming plans to its customers, others had no choice but to follow suit, or else they would lose market share. Market mechanisms, and competition in particu- lar, rather than regulatory fiat, are primarily responsible for these positive developments. 20. “SaskTel cuts international roaming rates,” CARTT.ca, November 25, 2015. 21. Henry Stancu, “Roaming fees, travel: How to avoid phone bill shock after your trip,” Toronto Star, March 12, 2015. 26 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 CHAPTER 3 Should Broadband Internet Be It is however an obvious fact of social and economic de- Regulated and Subsidized as an velopment that new technologies are not suddenly adopted universally in every socioeconomic group as Essential Service? soon as they become available. Moreover, in a vast and geographically disparate country like Canada, there is In April 2016, the Canadian Radio-television and Tele- little likelihood that any new physical infrastructure will communications Commission held hearings to review its be deployed in all populated areas simultaneously. definition of “basic telecommunications services.”22 The One of the classic studies of the phenomenon of tech- main issue being debated was whether or not broad- nology diffusion was conducted by sociologist and com- band Internet services should be included in this defin- munication scholar Everett Rogers, who popularized his ition and considered an essential service for all Canad- theory in his 1962 book Diffusion of Innovations. He ians. If the answer is yes, what should be the minimum showed that every technology goes through a series of download speed available to everyone, and the target phases when it is adopted by one group after another, speeds to be attained in the future? And what should from innovators and early adopters to laggards, finally the CRTC and the federal government do, in terms of reaching a saturation level when essentially 100% of the regulation and funding, to ensure that all Canadians population is using it (see Figure 3-1). have access to these speeds? Underlying this debate is the perpetual question that we have addressed in every edition of this Research Paper: “Every technology goes through a Is the telecom industry sufficiently competitive, innova- series of phases when it is adopted by tive, and dynamic to ensure that the necessary invest- one group after another, from ments will be made, and services will eventually be de- innovators and early adopters to veloped, to offer high-speed services to all Canadians at reasonable prices? Or is the fact that not all Canadians laggards, finally reaching a saturation have access to the exact same level of service another level when essentially 100% of the instance of “market failure” that has to be righted by population is using it.” government intervention? How Technologies Are Adopted Every technology since the late 19th century has gone through the same process of adoption, after first having This debate has a familiar ring to it. Almost every new been an expensive gadget for rich, urban, tech-savvy revolution in telecommunications over the past quarter consumers. The major difference today is that new infor- century has brought the same anguished commentaries mation technologies reach a critical mass and become about how Canada was falling behind other advanced widely accessible to all not in a matter of decades, but countries in terms of deployment, or how certain seg- in a matter of years. For example, while it took almost ments of the population were being left behind in terms half a century before a quarter of the American popula- of access. tion was using electricity after it had been made com- mercially available in 1873, and more than three decades This was the case when dial-up Internet connections for telephones and radio, it took only 13 years and 7 started becoming common in the 1990s. It was again years for mobile phones and the Internet to reach the the case when cellphones, and later smartphones and same proportion of the population (see Figure 3-2). tablets, became mass products. It was the case when 2G, 3G, and 4G wireless technologies were successively This adds some perspective to the debate over broad- deployed. And today, worries focus on access to high- band Internet becoming a basic service guaranteed to speed Internet, rightly considered a prerequisite for full all. Critics who note that access to high-speed Internet participation in the country’s economic, social, and cul- is limited in some regions of Canada, or among less ad- tural life. vantaged socioeconomic groups, invariably conclude 22. CRTC, Telecom Notice of Consultation 2015-134, April 9, 2015. Montreal Economic Institute 27
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 3-1 The diffusion of innovations 100 Market share (%) 75 50 25 0 Innovators Early Early Late Laggards 2.5% Adopters Majority Majority 16% 13.5% 34% 34% Note: With successive groups of consumers adopting the new technology (shown in black), its market share (grey) will eventually reach the saturation level. Source: This is a combination of Figures 7-1 and 7-2 in Everett M. Rogers, Diffusion of Innovations, Third Edition, The Free Press, 1983, pp. 242-247. that government intervention will be necessary to close Akamai also estimated that nearly 50% of IP addresses the gap.23 But what they consider a market failure is ac- had an average broadband download speed above 10 tually just the normal course of technology adoption. Mbps, placing Canada 13th according to this metric as well.24 In other words, Canada has one of the best-per- Broadband Availability in Canada forming Internet infrastructures when compared to the most developed countries in the world. Is Canada a laggard when it comes to the quality of its Internet infrastructure, as some critics have been claim- ing for years? That is certainly not what international “The major difference today is that new comparisons show. information technologies reach a critical In terms of average broadband download speed, a sur- mass and become widely accessible to vey carried out by the firm Akamai ranked Canada 13th all not in a matter of decades, but in a among the 29 OECD countries for which data were matter of years.” available in late 2015, and 14th for average peak speed. Although the CRTC considers download speeds upwards 23. An editorial in La Presse is typical of this perspective: “In many places, often of 1.5 Mbps to be broadband, it established a target of very close to cities, individuals and businesses do not have access to Internet 5 Mbps in 2011 as a more appropriate norm that all Can- service that is worthy of the name, due to a lack of provider interest. By all accounts, the logic of the market is not enough. Telecommunication is a federal adians should have access to. With a service offering responsibility. Ottawa must no longer ask if, but rather how it can finance the upgrading of service in all regions where this is possible.” Ariane Krol, “L’internet, c’est pas du luxe,” La Presse, April 10, 2016. 24. See Figures 1-7 and 1-8 in Chapter 1 of this paper. 28 Montreal Economic Institute
The State of Competition in Canada’s Telecommunications Industry – 2016 Figure 3-2 Technology adoption is speeding up 50 Electricity (46) 1873 Number of years until a technology is used by one-quarter of the American population 40 Telephone (35) 1876 Radio (31) 1897 30 Television (26) 1926 20 PC (16) 1975 Mobile phone (13) 1983 The web (7) 10 1991 0 1870 80 90 1900 10 20 30 40 50 60 70 80 90 2000 10 14 First commercially available year Source: Singularity.com, in K.N.C., G.S. and P.K, “Happy birthday world wide web,” The Economist, March 12, 2014. speeds of 5 Mbps, an Internet user can do almost every- tween 1,000 and 29,999 residents) population centres. thing he or she wants on the Internet, including watch- Only some rural areas still lack universal broadband ac- ing relatively high quality videos. Faster speeds may be cess, with 75% of households being covered, along with necessary for some specialized applications or entertain- an additional 11% if wireless mobile services are includ- ment such as watching very high-resolution movies or ed (see Figure 3-3). gaming, but they are certainly not a prerequisite for full participation in Canada’s economic, social, and cultural life. “Critics who note that access to high- speed Internet is limited in some regions What is the availability of these broadband services? of Canada, or among less advantaged According to the CRTC, 96% of Canadian households could access a download speed of 5 Mbps in 2014. Of socioeconomic groups, invariably these, the vast majority (94%) can access it using land- conclude that government intervention line facilities (DSL, fibre, and cable modem) or fixed- will be necessary to close the gap.” wireless facilities. Another 1.5% can get access via satellite facilities.25 Given this availability, it is no surprise that the propor- In terms of geographical distribution, residential broad- tion of households subscribing to a 5 Mbps download band Internet with speeds of at least 5 Mbps is access- or higher broadband Internet service has been fast in- ible to 100% of Canadians living in large and medium-sized creasing in recent years, reaching 77% in 2014, up from population centres, and 99% of those living in small (be- 71% just one year earlier (see Figure 3-4). That propor- tion was undoubtedly higher in 2015, and will keep on 25. CRTC, Communications Monitoring Report 2015, October 2015, p. 187. climbing this year. Montreal Economic Institute 29
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