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    South Asia
     Apr 28, 2012


US$10 bn price tag renews India's 2G row
By Raja Murthy

MUMBAI - Amid protests from a shocked cellular phone industry, the Telecom Regulatory Authority of India (TRAI) has recommended a minimum reserve price of US$678 million per unit in the auction of spectrum for 2G services - a 13-fold increase from 2008 during the tenure of former telecommunications minister A Raja.

If accepted, the TRAI recommendations could guarantee the government over $10 billion in revenue. [1] Industry stakeholders fear the new pricing could cripple the highly competitive cell-phone industry in India, the world's second-largest after China.

Telecom companies told the media that the new TRAI minimum reserve price was out of touch with market realities and debt-servicing logistics. The Cellular Operators Association of India

 

(COAI) and the Association of Unified Telecom Service Providers of India (AUSPI) said in a strongly-worded joint statement on April 23:
[The] Industry has repeatedly been facing contradictory and regressive approach from the Regulator which is detrimental to the future of the sector that is often touted as the poster boy of India's economic reforms. From deciding to link the price of 2G spectrum to 3G spectrum auctions, to its own expert committee's inputs without the application of any logic; and unilaterally trying to interpret DoT's [Department of Telecommunications] own license terms like "extension" as "renewal", the Regulator's actions appear to be unfair and biased against all operators for reasons best known to it.
The stakes are high, with the private sector having an 86.09% share of the total telecom industry. India had 926.55 million subscribers at the end of December 2011, with wireless phone connections forming 96.47% of the market.

On April 24, the Supreme Court extended its earlier deadline of June 2 for auctioning telecom second generation (2G) spectrum, and ordered auctions to be held by August 31. 2G services form the bulk of high-speed data exchange in telecommunications. Faster and larger multi-media data transfer in third-generation (3G) and 4G phone services are already evolving in use.

The 2G auction is to allot bandwidth available from the 122 telecom licenses the Supreme Court had cancelled on February 2 this year, after what it deemed was illegal underselling of licenses. India is estimated to have lost $20 billion in potential revenue.

From being accused of underselling telecom licenses in 2008, the government has leapt to the other end of the spectrum in being accused of over-pricing and killing the goose laying the golden telecom egg.

The telecommunication spectrum is being seen as a fat cash cow for revenues to ease budgetary deficits. Finance Minister Pranab Mukherjee has projected a deficit of $34.8 billion for 2012-13, or 1.8% of India's gross domestic product.

Auctioning of 3G spectrum in April-May 2010 generated nearly $10 billion in revenue. Vodafone Essar, Bharti Airtel and Reliance Telecom successfully bid about $621 million for each of six spectrum blocks in Delhi and Mumbai, two of the 22 demarcated telecommunication service areas across India.

But most of the companies that had bought 3G bandwidth in the May 2010 auctions are said to be struggling to make good their investment in a market were low costs drive growth. Obviously the regulator and the regulated have differing viewpoints on whether the new 2G reserve auction price could be a proverbial last straw in the telecom camel's back.

Mobile-phone companies are estimated to need about five units of 2G spectrum in the widely used 1,800-MHz band to be operational. Under the TRAI proposal, a new entrant would need $3.4 billion as starting price in auction for an all India permit. According to TRAI, India has a total of 581 units available in the 1,800 MHz spectrum across the 22 service areas nationwide.

TRAI chairman J S Sarma said that recommendations were the fruit of consultation with all stakeholders, including an open house meeting in New Delhi on April 4. A communication gap though seems apparent between the industry regulator and the industry.

The TRAI has based its recommendations on calculating the total telecommunication industry revenue in 2011 of $42.2 billion growing to $46.1 billion by the end of 2012, and reaching $61.3 billion by the end of 2017.

Sarma said the new pricing would only result in a marginal rise of 1.5 to 2 paise per minute in call tariffs annually over a 20-year period that is the duration for owning the spectrum. (There are 100 paise to the rupee, of which there are 52 to the US$.)

Unlike the 3G auctions of 2010, in which companies had to pay the entire amount for spectrum bought, 2G spectrum buyers in the auction will initially have to pay only 33% of the bid amount, and the rest in equal installments across 10 years.

The market, interested in short-term returns, did not share the TRAI chairman's optimism for the next 20 years. Telecom stocks dived within 24 hours of the reserve price recommendations, with Idea Cellular slumping 14.7%, Bharti Airtel 7.54% and Reliance Communications 3.54% in the Bombay Stock Exchange.

Rajan S Mathews, director general of the Cellular Operators Association of India (COAI), and formerly chief executive of Birla-AT&T, said a starting price of around $300 million would be reasonable for an initial grant "then the true value can be determined through the auction bidding process, as was the case with the 3G auction".

The TRAI states that the "liberalization" of spectrum (removing restrictions on how a license holder uses its spectrum) justifies the higher reserve price but it has not taken into consideration "the fact that the supporting eco-system of futuristic technology is non-existent (network equipment, handsets, etc) at present and therefore no additional revenue can be assumed at this point," said Mathews.

"The development of a mature supporting eco-system is at least five years away. Hence, it would be totally unjustified to price the spectrum at such a high price based on assumptions which have not seen the light of the day and would not be available in the near future too," he said by e-mail.

The high price being sought will also hamper new operators. "For example, if a new operator is planning to provide 2G services through the spectrum, he will still have to pay an exorbitant amount, which is even costlier than that of 3G, to acquire the same."

The high reserve price "is driven by certain unjustified assumptions and not suitably taking into account the viability of the telecom sector", he said.

Mathews also pointed out that the latest price derived through auction in 2010 for the 4G technology spectrum "which TRAI now proposes to allow in existing spectrum allocation, under the guise of liberalization" was about one sixth the TRAI's proposed price per MHz for 2G. "Thus it is even more puzzling that the purported benefit now being sought to be given under the garb of liberalization has itself been valued at much less price by the market forces in recent past. The TRAI pricing thus holds no basis."

If the government accepts the TRAI recommendations, and with an "inconsistent, regressive and uncertain regulatory environment", it would not be feasible for the telecom industry "to be able to deliver on the government's vision of affordable communications, rural penetration and rollout of data services", said Mathews. Rural mobile penetration would be affected as after the acquisition of spectrum "at such excessive rates, the operators would have to face a shortage of funds for investment in the rural areas".

Competition in the sector would be reduced through consolidation as more operators would exit the business as they would not be able to bid for spectrum. The country's ability to match other developing and developed nations in access to mobile broadband would also be damaged, he said.

The new auction reserve prices look set to intensity the turmoil that has raged in India's telecom industry since the telecom scam broke out two years ago. Leading telecom companies like Vodafone and Bharti Airtel are already in a running battle with the government over other licensing and tax disputes.

Vodafone is fighting a $3.7 billion tax charge the Finance Ministry says is due from the London-based multinational buying a stake in the India operations of Hong Kong-based Hutchison in 2007.

A Vodafone spokesman said the new TRAI recommendations "will do irreparable harm to the industry". Vodafone spent $2.17 billion in the May 2010 auction for 3G spectrum, but there is no guarantee it will buy 2G bandwidth at the new TRAI base prices. Norway's Telenor has already threatened to withdraw entirely from India, saying the new license prices are not viable.

"Promotion of robust competitive markets for telecom services" is one of the primary objectives stated in the Department of Communications Strategic Plan for 2011-2015, but the high floor price for an auction appears not very conducive to competition, or in keeping with fair play of an auction. [2]

The Department of Communications is studying the recommendations, and its feedback will be sent to TRAI for a final view on May 2. Finance Minister Mukherjee heads a group of ministers who will then take the final decision - a tricky one that will affect his budgetary revenue projections if he reduces the reserve price, but might cause "irreparable harm" to the industry if he sticks to it.

Notes
1. Recommendations on Auction of Spectrum, Telecom Regulatory Authority of India, April 23, 2012.
2. Strategic Plan 2011-2015, Department of Telecommunications, Ministry of Communications and IT, Govt of India.

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