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Regulatory Requirements for Broadband Lebanese Broadband Stakeholders’ Group Workshop TELECOMMUNICATIONS REGULATORY AUTHORIT Y (TRA), LEBANON January 2010
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2 There are three building blocks to the development of competition and take up of broadband services in Lebanon 1- Complete the corporatization and subsequent licensing of Liban Telecom Transforming the fixed line operation currently under MoT into a corporate entity and licensing it is one of the main drivers of infrastructure based competition and will : Create a healthy corporate structure with more developed and optimized human and financial resources Reinforce Liban Telecom position in the market by increasing its competitiveness Increase Liban Telecom value in the market Pave the way for a healthy retail versus wholesale corporate identify 3- Introduce and enforce “best practice” regulations Adequate regulation will ensure competition in the market. TRA regulatory framework is based on: Imposing an open access regime on all essential facilities owned by dominant players (local loop, backbone, etc…) Issuing a decree by the Council of Ministers on Access to Public Property & Rights of Way (duct sharing reduces around 70% of the cost of laying fiber) Mandating structural separation between the wholesale and retail segment of vertically integrated players Enforcing Significant Market Power (SMP) regulation and all other TRA regulations 2- Ensure infrastructure and service based competition in the Broadband market Infrastructure competition will ensure abundant national and international capacity with high grade of services and at competitive prices, that are necessary for the development of the retail broadband market. Service based competition is the main driver for increasing consumer satisfaction with regard to broadband services (by lowering prices and increasing the quality of service) and will bring great economic benefits to the country. In order to spur competition in the infrastructure and service competition, Issue long term licenses to existing DSPs and ISPs Issue a limited number of National Broadband Carrier licenses through a transparent and competitive process (plus Liban Telecom) Issue new National Broadband Licenses on the access level (with and without frequency)
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3 TRA has proposed a broadband licensing plan that would ensure competition in backbone high-speed networks, international gateway facilities, and access Obligation to rollout a national high speed NGN transmission network Exclusivity on backbone wholesale services for 5 years (Initial period) Right to build a access network with rural/suburban rollout coverage obligations Right to build an International gateway facility with an exclusivity period for international wholesale for 5 years (Initial period) All type of Telecommunications Services ( subject to COM decision on Mobility and LT’s exclusivity) 15 year license Awarded through international auction Liban Telecom Universal License All type of Telecommunications Services National Backbone and Access Networks International gateway facility (already exists) 20 year license term Awarded as per the Telecommunications Law 431 Obligation to cover main cities with an access network No rights to build and operate a metro, backbone or international facility network before 5 years (end of NBCL exclusivity period) – exception to existing service providers (using existing microwave networks) 10 year license Spectrum will be awarded through auctions All type of Telecommunications Services ( subject to NBCL initial exclusivity of 5 years and COM decision on mobility and LT exclusivity) Broadband Access Licenses (NBL) National Broadband Carrier Licenses (NBCL)
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The NBCLs (incl. LT) will compete on providing high speed connectivity between major towns and other licensees will compete in access to broadband services all over Lebanon Access User1 User3User2 RasBeirut Core Beirut Tripoli Saida Bekaa Achrafieh RasBeiru Mazraa Sin El Fil Metropolitan urban coverage of Lebanon can be completed within 12 to 18 months, Universal coverage within 5 years. International Liban Telecom (with exclusivity over national fixed calls) National Broadband Carrier Licenses Incumbent DSPs (through their legacy Microwave Metro) National Broadband Licenses 4
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The empowerment of the TRA and implementation of Law 431 are conditions for the development of the telecom market and to ensure benefits to all stakeholders TRA Challenges 1- Signing of MoU with MoT to complete transfer of regulatory functions 2- Financing 3- Staffing 4- Nomination of 5 th Board Member Investors Consumers Telecom Operators Government of Lebanon -Fair treatment -Fair competition -Broader range of services -Lower prices -Better quality -Investment opportunities -Lower risks -Regulated environment -New and recurrent revenue streams -Economic boost 5
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6 The broadband agenda will benefit from clarity on a number of policy issues Liban Telecom exclusivity The exclusivity period of Liban Telecom over basic telephony and international voice services should be defined but should not exceed a 5-year period (incl. “managed” VOIP) Mobility or No Mobility Mobility –or the ability to provide mobile services- requires a COM decision to be included in the Broadband licenses Rights of Way (including access to the ducts) Ensuring RoW and access to the ducts will incentivize new entrants by reducing significantly the sunk costs and eliminate needless duplication of infrastructure Building Code TRA has prepared a draft decree to amend the current building code to enable new buildings to be ready for Fiber access (decree to be presented to the Minister of Public Work and Transportation) Spectrum Fees and Administrative Charges TRA has prepared a draft decree for setting up the spectrum Right to Use (RTU) fees based on Administrative Incentive pricing and the Spectrum Administrative Charges (SAC) based on cost accounting Revenue Sharing To be applied to all licensed service providers operating in the same markets and holding licenses with similar terms and conditions (incl. LT) - Revenue sharing should be offset against RTU fees and
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Policy initiative on a number of related issues will also have an impact on the long term development of broadband Illegal Providers Digital Switchover (DSO) ICT National Strategy High ImpactModerate Impact GoL to clarify its policy towards illegal operators and the possibility of regularizing GoL to support the migration from Analog to Digital TV by 2015 GOL to clarify and begin implementing policy to promote e-education, e- government, e-health, etc. Cyber-Security Universal Service GoL to adopt strategy to ensure security of national networks GoL to clarify policy on universal service 7 Social Policy GOL to promote access of people with special needs to broadband
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