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Welcome back to regulatory hell



Topic: Telstra , Shareholder

Tags:    accc  blog  graeme-samuel  monopoly-claims  rod-bruem  structural-separation  the-telstra-phile


It's been a while between blogs, however rumours I'd been gagged by the Lundy/Forman legal team are absolutely without foundation! As you may have noted from comments elsewhere on this site, I’ve been enjoying an extended break from Telstra on a family holiday in Europe.

Depending on your view of the world, Europe is either regulatory Nirvana or regulatory hell. For Graeme Samuel and the hundreds of bureaucrats employed by the ACCC, Europe is the cradle of civilisation and Brussels is the font of all knowledge.

Canberra’s regulation control freaks would no doubt salivate at the latest scheme dreamt up by Europe’s health bureaucrats that I came across while travelling in Britain.

At a cost of millions of dollars, teams of council inspectors are being sent out to local fish and chip shops to replace the salt shakers with new Government-approved versions with much smaller holes. The thinking is that this will reduce salt intake and transform the nation’s health.

But sadly it has backfired and the Brits are simply screwing the tops completely off the shakers and piling heaps more salt onto their takeaways – proving yet again that consumers will always avoid crazy regulation if ever there’s a way.

This regulatory madness reminded me of what happened when the ACCC was given the task of setting the prices competitors should have to pay to access Telstra's infrastructure. The bureaucrats simply copied the prices set by the regulator in the UK, converting the pounds sterling price to Australian dollars! The fact that Britain has three times the population and would fit into Australia 32 times is of course immaterial to these geniuses. I wonder how many 'fact-finding' trips it took for them to come up with this solution.

Arriving back in Australia, I was disturbed to find the craziness continues with even more new regulations and the ongoing campaign to dismember Telstra, simply because British Telecom reckons it’s a great idea. Meanwhile the ACCC still hasn't got its head around setting fair prices for accessing Telstra infrastructure based on real Australian conditions.

Why? Because it suits the regulator to simply make up prices that give Telstra’s competitors cheap access, in its misguided belief this will eventually help re-shape the market in Australia and slowly reduce Telstra’s 'monopoly profits' and ‘market dominance’. (Soviet-style central planning didn’t really go out of fashion following the collapse of the Berlin wall)

Many Australians I know think this sort of top-down market control is a good thing, blissfully unaware of how it is stopping investment and holding the country back. The ACCC won't back away from its attempts to micro-manage the market even though the evidence is there that its not working and most consumers are prepared to pay a little more to get superior and more reliable service from Telstra, rather than risk the type of network melt-down suffered by Optus customers recently.

Thankfully I wasn’t here for that disaster or the ACCC’s latest public attack on Telstra, which was equally appalling.

The bureaucrats found a couple of minor problems with Telstra’s own cost model calculations, so they launched a media campaign to attempt to discredit the entire model and wreck Telstra’s reputation at the same time.

I'm told the ACCC has actually started to develop a model of their own, but it is being put together in a locked up room in some dark, secret basement in the UK (where else?) There is zero transparency, zero openness and no-one in the industry knows what is going on.

This is in stark contrast to when Telstra began building its cost model and held briefings for all wholesale customers and gave them the chance to comment.

You'd think that while the ACCC's Rolls Royce is still being built in England and is yet to be imported, surely it could sit down with Telstra now and sort out the alleged 'faults' in the Holden?

That would seem fair and reasonable - two words that don't usually apply when it comes to the ACCC's approach to Telstra.

And to top it all off I come home to the news that Graeme Samuel has been appointed to lead this fine organisation for three more years.

It’s really great to be back.

Comments

Jan Jozef Jaworski
2 comments

25 July 2008
3:35pm

Comment Permalink

"Soviet-style central planning didn’t really go out of fashion following the collapse of the Berlin wall" - nice choice of words. Sad but true, we seem not capable of learning from history. Let alone deal with the reality that Australia is different from Europe. You just have to look at the geography - both landscape and distance to realise what that reality is.


Sydney Lawrence
172 comments

25 July 2008
6:07pm

Comment Permalink

Rod the ACCC would never admit that they, by their actions, are in fact against the promotion of competition and the level playing field in Australia. If you had a cushy, high paying Government job would you admit that you may have been wrong for years in the application of your rules and regulation? By their protection and assistance to weak opponents, and the demand that Telstra must help opposition survive the ACCC is causing the mirage of competition while in reality is damming Australia to a mish-mash of second rate service.


Jeffery Wang
2 comments

28 July 2008
8:13am

Comment Permalink

Great blog Rod, its hard to imagine that a country with a free market like Australia would be subject to the same soviet-style planning regime such as the ACCC. A first year economic student would be able to recognise what they're creating is market failure, an imposed price ceiling below the market price would result in the lack of supply, which is exactly why we will have trouble getting people to invest in infrastructure in Australia...


Fernando Dias
55 comments

28 July 2008
11:48am

Comment Permalink

Rod, you sure that the Rolls Royce is still build in England? Most of the Empire cars have now been sold and resold to countries around the world. Reason? No longer profitable. Old techonology, old methods. Land Rover for example, has been sold to TATA in India, which also build a $AUD2.500 car. Figure that one out. It is good to read my thoughts expressed through your writing. Wake up Australia.


George Taymar
11 comments

28 July 2008
5:00pm

Comment Permalink

Hmmm didn't eat too much salt in your travels did you Rod?


Paul Connolly
1 comment

8 August 2008
12:41am

Comment Permalink

Great blog Rod. I am actually based in the UK, the holy grail of seperation. What I have observed in my two years here so far. Since the breakup of BT, and, the creation of Open Reach all investment in alternative last mile consumer solutions appears to have dried up. Sure there is investment in terms of fibre based services to government and enterprise, but even Virgin media appears to be happy with it's 50% coverage on the cable network. All others have completed, or are near to completing ADSL DSLAM roll outs, great I might here you say? Well there appears to be absolutely no drive in terms of next generation network services for the consumer market. ADSL 2 and that is it. The only comment I have seen recently is that BT retail are stating they are prepared to invest in FFTH or FTTN, but, will not do so until they can gurantee to their shareholders that this investment will not be used to benefit competitors at below cost. Seems to be very similar to what the Telstra management have been saying in OZ.


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