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Dáil Éireann díospóireacht -
Tuesday, 7 Mar 1995

Vol. 450 No. 2

Private Members' Business. - Mobile Phone Service.

The announcement by the Minister for Transport, Energy and Communications, Deputy Lowry, of a competition to select a single competitor for Telecom Éireann's mobile phone service is a correct decision in principle, but completely wrong in the proposed method of selecting a winner from the various bidders. Ireland is one of only two EU countries not to have a second cellular operator and EU competition policy now dictates that Ireland makes speedy progress on the issue.

Ireland has some 80,000 mobile phones which are becoming less and less the preserve of the "yuppy" and increasingly more important for business and personal life. For doctors, drivers, salespeople, tradespeople and professionals across the spectrum the mobile phone is a very valuable business tool. I understand the number of users could grow to 250,000 in the next five years.

It is in Ireland's interest, therefore, to increase its access. At present only 2.3 per cent of Irish people have such phones compared to 11 per cent of Norwegians, 5 per cent of Britons and 3 per cent of Germans and Italians. This is not, therefore, a decision about some latest technological fad but rather a very critical one about improving Ireland's competitive edge in trade and commerce.

It follows then that what is required is a second licence in Ireland which will provide fair but real competition to the present Telecom Éireann system. In the absence of this real competition the market will not fully develop and tariffs will remain among the highest in the world.

The Minister stated that his invitation to tender is not based on an auction but his documentation clearly states that applicants must decide, "the amount the applicant is prepared to pay for the right to the licence". That is the wording of the Minister's invitation. The only reference to tariffs or prices charged to the consumer is that the applicant must indicate his or her "Approach to Tariffing". This is just a crude auction to the highest bidder and is engaging in a law of the jungle type destructive selling off of a valuable state asset without thinking through the consequences. This auction approach places a heavy burden on the new operator who is forced to recoup his or her very high cash bid from the unsuspecting telephone user, thus keeping charges to the consumer artificially high.

The report of the European Union Commission, DG13, suggests that auctions are not the best way and European experience, generally, bears this out. The apparent attraction of a large initial cash fee — some say up to £30 million — dissipates as the new operator passes on this fee to the unsuspecting consumer. High prices will of course reduce market growth and lead to reduced usage and penetration.

The Government must realise that it will be very difficult for any Irish consortium to afford such a huge up-front cash sum while, perhaps, overseas bidders with access to cheap capital determined to make a good financial purchase will be attracted to the deal.

A decision on an auction basis will focus bidders on the resale value of the licence rather than on the opportunities to develop the system. The Minister must now change his approach in the interests of competition and in the interest of ensuring a fair bidding system. He should be fair to multinationals but also to Irish bidders.

An alternative course of action is to have a low up-front fee of a few million pounds combined with a yearly royalty to the State from the winning consortium. Part of that alternative is to make the bidders compete on what they will charge to the public, in other words, on their tariff cards. Whichever group can offer the best deal to Irish business and consumers should be awarded the licence and not just the consortium that can produce the fattest up-front cash payment.

I notice also that while the Minister proposes to seek a huge up-front fee from the new operator, he does not propose to seek a similar fee from Telecom Eircell. If it is his intention to ensure a level playing field and to have Eircell established as an arms length company, how does he account for that decision?

It is important also, that full transparency be observed in this important decision. For that reason the Minister should establish an independent assessment system and publish the weightings to be given to the various criteria so that the relative importance of the lump sum vis-á-vis other criteria can be publicly established.

The role of the independent regulator needs clear and urgent legislation and I look forward to the Minister's proposals in this area soon.

The Government indicated the interconnect charges that will be charged by Telecom Éireann to its new competitor for use of Telecom's interconnection facilities. To ensure fairness, it is important that these charges are independently verified and enforced by the new regulator. For this reason also legislation to establish the regulator is urgent and should be brought before the Dáil in advance of any licence being awarded.

I announced on 2 March 1995 a competition leading to the award of a GSM mobile telephony licence for a single competitor for Telecom Éireann's mobile phone service run by Eircell.

There is considerable interest among players in the market in this competition and I emphasised in announcing the competition that I want to license a new operator who will be a key player in increasing the mobile market and reducing mobile tariffs in Ireland. This is not an auction where the cheque for the largest amount will win the licence regardless. My aim is to see real competition in the market and a good deal for consumers.

The size of the fee is for applicants to propose and neither I nor my Department have at any stage indicated publicly the level of fee that might be expected or acceptable. The fee proposed must leave room, having regard to normal commercial requirements for a return on investment, for a credible business plan to develop the market and provide effective competition for Eircell, choice of service and a good deal for consumers.

The objective of the licensing process is to promote the development of the mobile telephony market in Ireland through the introduction of competition and consumer choice. It is anticipated that this initiative will lead to a quantum increase in the number of people using mobile phones, cheaper equipment, reduced rental charges and lower call tariffs. Greater maturity in the mobile sector in Ireland, particularly because of the benefits to business will be a factor in stimulating economic activity and enhancing the international competitiveness of the economy.

Mobile telephony is a highly profitable business which is expanding rapidly all over Europe, the time is right for Ireland to introduce choice into the mobile market. Competition in this area will be good for Ireland in that it will lead to more mobile phones which are cheaper to own and operate. The penetration of mobile telephony in Ireland is low at 2.3 per cent particularly by comparison with countries such as Norway, Sweden and Finland which have penetration rates in excess of 11 per cent. Within the European Union penetration rates are lower at almost 5 per cent in the UK and about 3 per cent in Germany and Italy, but growth rates are rapid. A substantial increase in the number of mobile customers in Ireland from the present level of 80,000 is anticipated.

The introduction of competition will also be good for Telecom Éireann in that it will increase its market focus. The business of the new operator, when mature, will generate substantial additional call income as a result of call traffic made from, and destined for, Telecom's public network. In order to ensure a level playing field between Telecom Éireann and the new operator, Eircell will be separated into an arm's length subsidiary and except in relation to the licence fee will be subject to similar conditions to those applicable to its competitor. The investment required to get the new service fully under way could exceed £30 million.

An independent regulator with the task of ensuring fair competition in the telecommunications sector will be established as soon as the necessary arrangements can be made. The licence will be awarded under section 111 (1) of the Postal and Telecommunications Services Act, 1983, for a period of 15 years. Because of the small size of the Irish market, competition in GSM will be limited to a duopoly for a period of seven years subject to compliance with any new EU legislation in the matter and to the licensee fulfilling their obligations. The competition will involve: the submission of business and technical plans; applicants indicating a competitive approach to the market and to tariff setting; competition participants indicating the fee they are prepared to pay for the right to the licence, though this will not be the most important selection criterion; an investment which initially is likely to exceed £30 million to get the new competitive service fully under way; the separation of Eircell, the existing mobile business of Telecom Éireann, into an "arm's length" subsidiary to ensure a "level playing field" between Telecom Éireann and the winner of the licence.

It is normal practice in major tender competitions to require a payment for access to the relevant documentation as an earnest of good faith. In that context we are charging £5,000 to interested parties. I have already outlined the essential elements of the competition and have responded to the main concerns of Deputy Brennan. In fact much of the rest of the documentation is of a detailed technical nature. Only those who purchase the documentation will be permitted to apply for the licence. The documentation includes the main invitation and a memorandum for the information of applicants. During the competition period, an "information round" will take place in which questions submitted by those who have purchased the documents will be answered in a composite memorandum from the Department. A parallel arrangement is being made in respect of necessary arrangements between bidders and Telecom Éireann.

Applications are to be returned to my Department by the end of 23 June 1995, and a decision will be made on the new licensee by the end of October. Expert consultancy advice will be engaged to assist in the evaluation of applications and the process of recruitment of these consultants is already under way.

The Dáil adjourned at 10.35 p.m. until 10.30 a.m. on Wednesday, 8 March 1995.

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