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Chapter # 4

Price Regulations
Price Regulations
1. Introduction
2. Approaches to price regulations
3. Price Cap Regulations
4. Price Cap Variations
5. Miscellaneous Aspects
Introduction
 Price regulation is normally justified when
telecommunications market fail to produce
competitive prices.
 We will discuss what are the specific objectives of
the price regulation and what are the regulatory
approaches in achieving these objectives.
 The basic approaches to price regulations have
evolved with the transformation of the
telecommunication sector from monopoly to
competition.
Introduction
 One important task of regulation has been to
ensure that the prices charged to
consumers are reasonable.
 A particular focus of regulation has been on
establishing maximum prices for monopoly
services. Presumably the maximum prices are
the maximum reasonable prices
Introduction

Regulators have attempted to judge the


reasonableness of prices in telecom
and the other public utility industries by
evaluating “reasonableness” from four
different perspectives or levels of
analysis:
 1) specific individual prices, e.g. the
line charge for a residential telephone;
Introduction

 2) relations between specific prices, e.g.,


a residential telephone line compared to a
business line or an ISDN line. This raises
issues of appropriate rate relations, the
design of the rate structure and price
discrimination;
 3) the revenue level of a specific class of
service involving several specific services,
prices and rate structures, e.g. local
telephone services; and
 4) the overall revenue level of the
company for all of its regulated services.
Pakistan Telecommunication
(Re-organization) Act, 1996.
 2. (e) establish or modify accounting procedure for
licenses and regulate tariffs for telecommunication
service in accordance with sections 25 and 26

25. Accounting procedures, investments and


contracts.—
 (1) The Authority may require any licensee to
establish and maintain specified accounting
procedure in order to enable the Authority to obtain
all relevant information required for determining the
tariff under section 26 or for exercise any other
power of the Authority under section 5.
Pakistan Telecommunication
(Re-organization) Act, 1996.
 (2) Accounting procedures once established
may only be modified by the Authority after
providing reasons and an opportunity of
being heard to the licensee.
 (3) No licensee shall enter into any
agreement or arrangement which is
inconsistent with any obligation of the
licensee under this Act, the rules or any
condition attaching to its license; and any
such agreement or arrangement shall to such
extent be void.
Pakistan Telecommunication
(Re-organization) Act, 1996.
 26. Tariffs.—The level of tariffs for
telecommunication services including basic telephone
service shall be regulated by the Authority in
accordance with the regulations and the following
general principles, namely: —

 (a) the regulations shall be made with a view to


achieving the greatest possible degree of pricing
flexibility and stability compatible with safeguarding
and protecting the interests of consumers;

 (b) the regulations shall apply equally to


comparable providers or users of any regulated
telecommunication service;
Pakistan Telecommunication
(Re-organization) Act, 1996.
 (c) the criteria used for the establishment of
tariff shall regularly be published three
months before the criteria is adopted;
 (d) tariffs shall be at a level which provides a
reasonable rate of return on
investments taking into account the cost of
operation; and
 (e) there shall be no cross-subsidization of
other telecommunication services by basic
telephone service.
Objectives of price regulations
 Good price regulations is the result of
efficient competition. The objectives are
1. Financing Objectives
2. Efficiency Objectives
3. Equity Objectives
Financing Objectives
 An important objective of price regulation is to ensure that
regulated operators are permitted to earn sufficient
revenue to finance on-going operations and future
investments.
 The minimum amount of revenue associated with the
financial objective is often referred to as the operator’s
“revenue requirement”
Efficiency Objectives
 It is generally accepted that price regulation
should promote efficiency in the supply
of telecommunications services.
 Three main aspects of efficiency are
1. Allocative Efficiency
2. Productive Efficiency
3. Dynamic Efficiency
Efficiency Objectives
 Allocative efficiency:
 Allocative efficiency is achieved when the prices of
services reflect their scarcity. In an efficient market,
prices will equal the marginal cost of producing each
service.
 Productive efficiency:
 Productive efficiency has two related aspects. One
aspects relates to the most efficient mix of inputs
(capital, labour) for a given level of output. A second
aspect of productive efficiency requires that services be
produced as efficiently as possible, that is by
minimizing all inputs.
Efficiency Objectives
 Dynamic efficiency:
 Dynamic efficiency is achieved when resources move
over time to their highest value uses. Such uses include
efficient investment, improved productivity, research
and development and the diffusion of new ideas and
technology.
 Dynamic efficiency involves the movement from one
type of efficient use of resources to another type of
efficient use of resources.
Equity Objectives
 Equity objectives motivate many regulatory
decisions on telecommunication prices.
 Equity objectives generally relate to the fair
distribution of welfare benefit among members of
society.
 Telecommunications regulators are primarily
concerned with two different aspects of equity in
the regulation of prices.
1. Operators Consumer equity
2. Consumer consumer equity
Equity Objectives
 Operators consumer equity:
 It relates to the distribution of benefits between
consumer and the regulated operator.
 For instance many people would not consider it
equitable that monopoly operators be allowed to earn
high profits for an extended period of time without
improving or extending service.
 In this regard the aim of many regulators is to ensure
that the savings result from improved technological
innovation are shared equitably between the operators
and consumers.
Equity Objectives
 Consumer-consumer equity:
 It relates the distribution of benefits between
different classes of telecommunications services.
 Example:
 In Colombia consumer in lower social economic
bracket pay less for the same local telephone
subscription service than consumers in higher
brackets. This approach implements a government
policy aimed at improving consumer –consumer
equity.
Approaches to Price Regulations
Introduction
 Different approaches have been
made/developed over the years to regulate
telecommunications prices.
 Some are ad hoc and discretionary
(optional)
 Others involving rule based approaches are
designed to provide stability and certainty,
as well as achieving regulatory objectives.
Discretionary Price Setting
 Traditionally in many countries price regulations was
focused heavily on first social objectives as well
as financial and economic ones.
 This is particularly the case where government
operated the telecommunications network.
 Under such circumstances prices were usually set to
promote consumer-consumer equity.
 Where discretionary price regulation existed, or
continue to exist, it is usually characterized by below
cost prices for connection, subscription and local
call.
Discretionary Price Setting
 The frequently stated objective of this type
of pricing is to promote affordability of
basic telephone service.
 This type of pricing may also incorporate
the value of service principle. Simply
stated that a prospective buyer will pay a
price that is related to the value derived
from the service and that telephone services
are more valuable to some classes of
customer than to others.
Rate of Return Price Approach
 Rate of return is a rule based form of
price regulation. Unlike discretionary price
setting, ROR regulation provides an
operator with relative certainty that it
can meet it revenue requirements on an
ongoing basis.
 The essence of ROR regulation is simple:
 First the regulated operator’s revenue
requirement is calculated. Then the operator’s
individual service prices are adjusted so that its
aggregate service revenues cover its
revenue requirements.
Price Cap Regulations
Over View:
 This section provides an overview of price cap
regulation, which is the preferred form of rules
based price regulation around the world today.
 Price cap regulation uses a formula to determine
the maximum allowable price increases for a
regulated operator’s service for a specified
number of years.
 The formula is designed to permit an operator to
recover its unavoidable cost increases e.g. inflation,
tax increases through price increases.
Over View:
 How ever unlike ROR regulation, the formula does
not permit the operator to cover all its costs.
 The formula also requires the operators to lower its
prices regularly to reflect productivity increases that
an efficient operator would be expected to
experience.
The Basic Price Cap Formula:
Simplified Price cap formula
Allowable price increase for a Year
= Starting Price ( I- X)

I = Inflation factor of Year


X = Productivity Factor of Year
The Basic Price Cap Formula:
 There are number of ways to express the
price cap formula. In its simplest form, a
price cap formula allows an operator to
increase its rates annually by an amount
equal to an inflation measure, less an
amount equal to the assumed rate of
productivity increase.
The basic Price Cap Formula:
 The Inflation factor:
 The price cap formula includes an
inflation factor to account for
changes in input costs of the
operator.
 Example Holding all the other variables
constant, a 5 % inflation factor would allow a
regulated operator to increase its average price
by 5 %.
The basic Price Cap Formula:
 The Inflation factor:
 Selection criteria:
 In most economies, a number of different indices are
used to measure inflation.
 Example:
 A consumer price index or retail price index
(CPI/RPI) measures changes in the prices of goods
and services purchased by typical consumer.
 A Producer Price Index (PPI) measure changes in the
prices of goods and services purchased by different
types of production industries.

 In developing a price cap formula, regulator must select


an appropriate inflation factor.
The basic Price Cap Formula:
 The Inflation factor:
 Selection criteria:
 Reflective of changes in operator input cost:
 For the inflation factor to be useful variable, it must
reflect changes in the operator’s input cost.
This is particularly critical in situation of economic
instability. When the inflation factor will have to
capture sudden and large changes in the country
exchange rate. This is also important for operator
that typically purchased a large proportion of their
equipment in foreign currency.
The basic Price Cap Formula:
 The Inflation factor:
 Selection criteria:
 Availability from a credible, published and
independent source:
 This is important if price cap regulation is to have
credibility with all parties involved. Private sector
participants as well as international investor in the
sector must be able to trust the source of data.

 Availability on timely basis:


 In order for the price cap formula to respond quickly
to any changes in input costs. The inflation factor
should ideally be available with a lag of 6 months
and preferably 2-4 months.
The basic Price Cap Formula:
 The Inflation factor:
 Selection criteria:
 Understandability:
 There is significant benefit in including an inflation
factor that is easily understood not only by all the
players in the telecommunication sector, but by the
public at large.
 Stability:
 The values of some statistical indices are subject to
revision after their initial release.
 Consistency:
 The values of some statistical indices are subject to
be consistent.
The basic Price Cap Formula:
 The Inflation factor:
 Period of adjustment:
 The regulator must consider how often changes in the
chosen inflation index will be used to adjust the price
cap formula and how often the operator will allow to
adjust its rate.
The Basic Price Cap Formula:
Simplified Price cap formula
Allowable price increase for a Year
= Starting Price ( I- X)

I = Inflation factor of Year


X = Productivity Factor of Year
The basic Price Cap Formula:
 The Productivity factor:
 The price cap formula includes a
productivity factor, which is based on an
estimate of the operators expected
productivity increase over the relevant
period.
 This variable commonly referred to as the
“X-factor” or “Productivity Offset”
The basic Price Cap Formula:
 The Productivity factor:
 It ensures that consumers receive partly
or fully the benefits of the operators
expected productivity gains in form of
lower prices.
Example:
 If all other variables are held constant, a 3%
X-Factor will result in annual reduction of 3%
in average consumer prices.
The basic Price Cap Formula:
 The Productivity factor
 X-factor Determination
 Historical Productivity method
 Historical Productivity basic offset
 Historical Productivity Adjustment
 Competition Adjustment
 Privatization factor
 Regulatory Bench marking method
 Differential Approach
 Direct Approach
 Regulatory bench marking adjustment
The basic Price Cap Formula:
 The Productivity factor
 X-factor Determination
 The X factor may be divided into basic offset and adjustment
factors.
 Basic Offset: it should reflect the regulated operator’s historical
achievement of productivity gain.
 If the operator has had a history of lower input price inflation
than other firms in the economy, that should be reflected in the
basic offset.
 Adjustment Factor: they are included to take into account changes
in the operating environment of the regulated operator.
 Example: An adjustment factor might reflect the introduction of
price cap regulation, the introduction of competition or the
privatization of the operators.
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 A number of empirical methods can be used
to help the regulator set the X-factor.
 Most of these methods were developed in the
countries that first implemented price cap
regulation (UK, US , Canada)
 The preferred method to determine an X
factor is to carry out a total factor productivity
(TFP) study using historical data on the
regulated operator and/or the sector.
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 Historical Productivity basic offset
 Price cap regulation is intended to replicate the
discipline of competitive market forces.
 These forces require operators to improve productivity
and pass their gains on their customers in the form of
lower prices, after accounting for increase in input
prices.
 If all sector in the economy were fully competitive,
output prices in the economy would grow at a rate
equal to the difference between the growth rate of
input prices and the rate of productivity growth.
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 Historical Productivity Adjustment Factor:
 Many regulator have adjusted the basic offset
by other factors to take into account
significant changes in the operating
environment of the regulated operator
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 Competition Adjustment
 The rise of strong competition is another structural
change that can affect the value of X-factor under price
cap regulation.
 The effect of increased competition is however unclear.
 In the Productivity factor (Historical Productivity
method) Competition Adjustment effect can be positive
and negative as well on X-factor
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 Competition Adjustment
 On the other hand, increased competitive forces can
shift market share from incumbent operator to new
entrants. This result can be unavoidable reduction in the
growth rate of the incumbent’s output. Particularly in
short run, this lowering of the growth rate of the
incumbent’s output can be higher than any associated
lowering of the growth rate of its inputs.
 This leads to a lower productivity growth rate for the
incumbent arguing for a lower X-Factor.
The basic Price Cap Formula:
 The Productivity factor
 Historical Productivity method
 Privatization factor
 The theoretical literature suggests that privatization
should increase productivity growth.
 The theory has substantiated by recent economic
studies that have found privatization to increase
productivity by at least 0.5% to 1.0% per year.
The basic Price Cap Formula:
 The Productivity factor
 Regulatory Bench marking method
 In some instances, past productivity performance may
not be a good indicator of future expected performance.
 This may be the case where the sector was not price
regulated, was not operated efficiently or is the subject
to a very significant structural change.
 In these circumstances, or when the operators and/or
its operating environment are undergoing drastic
change, the X-factor may have to be developed based
on the informed judgment of the regulator and its
advisors.
The basic Price Cap Formula:
 The Productivity factor
 Regulatory Bench marking method
 No price cap plan, no matter how carefully designed,
will be perfect or permanent.
 It is the nature of good regulation to evolve with market
and policy development.
The basic Price Cap Formula:
 The Productivity factor
 Regulatory Bench marking method
 Differential Approach:
 The long term historical productivity differential
between the telecommunication sector and the
economy is generally accepted to be 2% to 2.5% or
higher.
 This rate can be higher where the telecommunication
sector is expected to grow at a rate significantly
higher than that of the economy.
The basic Price Cap Formula:
 The Productivity factor
 Regulatory Bench marking method
 Direct Approach:
 The long term historical productivity performance of
the telecommunication sector is generally accepted
to be 3% to 3.5% or higher.
 This bench mark could be higher where the
productivity in the telecommunications sector is
expected to grow at a rate significantly higher than
that of the economy.
The basic Price Cap Formula:
 The Productivity factor
 Regulatory bench marking adjustment:
 Adjustments can be made for the effects of the
introduction of incentive price regulation,
competition and privatization where these
conditions apply.
Price Cap Variations
Introduction:
 This section consider some of the variations that have
been applied to the basic price cap formula.
 Depending on national telecommunication market
condition, regulator may include some of these variations
in their price cap plan.
Price Cap Variations

 Quality of Services
 New Services
 Rate balancing and price caps
 International accounting rates
Quality of Service:
 Like other services, telecommunication
services have a quality component and a
price component.
 In theory, telecommunication operator
subject to price cap regulation could increase
profit by lowering the quality of its services
 This prospect is of most concern when the
operator is a MONOPOLIST
 Or is dominant so that its services levels are
not subject to effective competitive pressure
from other operators.
Quality of Service:
 Telecommunications QOS has many aspects. It has
traditionally been measured by a number of QOS
indicators such as
 Call completion Rate
 Dial Tone Delay
 Delivery Precision
 Call Failure Rate
 Fault Clearance
 Complaints
 Billing Accuracy
Quality of Service:
 If a regulator decides to regulate QOS of an
operator subject to price cap regulation. It can
adopt several approaches.
 Traditional Approach:
 The traditional approach is to set a series of QOS
targets or standards for each indicator.
 Sub standard performance can be dealt with on
a case-by-case basis or preset sanctions.
 Example: monetary fines or penalties payable by
operators.
New Services:
 A key objective of telecommunications sector reform
is to promote innovation, particularly in the
introduction of new services.
 The regulator must determine whether or not to
subject new services to price regulation.
 If decision is affirmative, price cap regulation is
sufficiently flexible to accommodate most new
services.
 In markets that are subject to competition, many
regulators have concluded that is not in the public
interest to regulate most new services.
New Services:
 Such decision provide an additional incentive to
introduce innovation services.
 Where such a decision is taken it is important for
the regulator to ensure that a regulated
operator's new service is truly new.
 As operator will have an incentive to try to
repackage existing services as new service in order
to avoid price regulation.
New Services:
 To avoid confusion in the industry, the
regulator may want to consider publishing
a definition of a new service based on
the criteria, such as the following.
 Does the new service include a new technology
or functional capability or both?
 Does the new service replace an existing service
and consequently not expand the range of
service available?
International Accounting Rate:
 Technological development and liberalization of
telecommunication market have put down ward pressure
on international accounting rates.
 Accounting rates are the charges payable to
interconnecting operators under traditional settlement
arrangements for mutual termination of traffic between
their networks.
 In most countries during the last few decades of the 20th
century, the level of accounting rate was well above the
cost of providing international service termination.
International Accounting Rate:
 Profits from high accounting rates provided a significant
source of cross subsidies, particularly to developing
countries.
 It also led to a major imbalance in payment of accounting
rates from countries that originated more calls then they
terminated.
 There has been strong pressure from the US and other
countries with out bound accounting rate imbalances to
reduce accounting rates.
International Accounting Rate:
 The down ward trend in international accounting rates can
be seen as an international form of rate rebalancing
between international and national services.
 Operators in a large number of countries will need to
increase revenues from national services to offset potential
losses from international settlements.
 The demand for international calling is generally
considered to be price elastic.
 Reduction in international rates will therefore increase in
international calling.
International Accounting Rate:
 Local access and calling on the other hand are generally
less price elastic.
 The result of this unbalancing could therefore be higher
revenues for operators providing both services.
 The need to rebalance international and national rates has
important implication for price cap regulations.
 For many countries, significant amount of rate rebalancing
may be both desirable and necessary. Accordingly, pricing
restrictions should not deprive the operator of sufficient
pricing flexibility to implement rebalancing.
International Accounting Rate:
 The potential volatility of international prices and
uncertainty of customer response, may make it beneficial
for the regulator to implement a fixed weights scheme for
the price cap formula, at least until the majority of the
rebalancing has occurred.
Rate balancing and Price Cap:
 It is refer to the adjustment of price level for different
services to more closely reflect the costs of providing each
service.
 Rate balancing can be achieved under most forms of price
regulation.
 A regulator that implements a price cap should consider
including a transitional period for rate rebalancing, either
before the plan comes into effect or as part of the plan.
 The transition period should be kept as short as possible
and depending on the level of price-cost imbalances and
should not last more than 5-7 years.
Rate balancing and Price Cap:
 This will ensure that prices at the beginning of a price cap
plan are more in line with cost than they would be without
a transition period.
 In a number of countries, regulators have allowed the
regulated operator to achieve limited rebalancing.
 This decision is based on the conviction that benefits of
the price cap regulation are greater when prices are
balanced.
 Rebalanced prices are clearly closer to those found in a
competitive market.
Rate balancing and Price Cap:
 A new regulator will likely be confronted with the necessity
to rebalance prices and to introduce a form of price
regulation for the first time.
 Hence there may be no opportunity to attain any
significant rebalancing prior to the implementation of price
cap regulations. It will have to be done as part of a price
cap plan.
 The regulator may prescribe the specific targets or target
ranges for some or all prices for regulated service.
Miscellaneous Aspects

Below this is not be included in exam.


However, if time permits it will be discussed.
Advantages over ROR
regulations:
 It provide incentives for greater efficiency.
 It stream line the regulatory process.
 It provides greater price flexibility.
 It reduces the possibility of regulatory intervention and
micro management.
 It allows consumers and operators to share in expected
productivity gains.
 It protects consumers and competitors by limiting price
increases.
 It limits the opportunity for cross subsidization.
Advantages over ROR
regulations:
 For these advantages to materialize, price cap regulation
must be implemented in an effective and internally
consistent manner.
 Price cap regulation is meant to provide incentives that are
similar to competitive market forces. Competitive forces
require operators to improve productivity. And after
accounting for unavoidable increase in their input costs,
pass these gains on to their customer in form of lower
prices.
 The price cap formula has a similar effect.
Advantages over ROR
regulations:
 Price cap regulation is a meant to regulate prices over time.
 The price cap formula determines the rate of change in prices
from an initial level.
 The initial level of prices may be set by the regulator.
 Alternatively, the regulator may establish a transition period
at the end of which the regulated operator must reach target
price level or ranges.
 Future financial performance for a price cap regulated
operator formula is highly dependable on initial price level.
 Important: it is critical for the regulator to ensure that the
initial level of prices are consistent with the operators
revenue requirements.
Decision of Capped and Non
Capped Services:
 A basic decision to be taken in price cap regulation is
the selection of which services to regulate.
 In general, regulators apply price cap regulation to
services that are provided on a monopoly or
dominant provider basis.
 In many market s, the distinction is made between
“basic service” which are price capped and other
services which are not.
 Services provided in fully competitive markets are
normally excluded from price cap plans.
Services Baskets:
 Having selected the services to be included in price
cap regulation, the structure of price cap plan
should be determined.
 One of the features of price cap regulation is
that the regulated operator maintain some
pricing flexibility.
 The flexibility is particularly important when
significant rate rebalancing is required within the
price cap plan.
 It is also important when the operator is facing
competition and must respond quickly to
competitive price challenges.
Services Baskets:
 It is common practice to place capped
services in more than one basket.
 The assignment to baskets is intended to
replicate the effect of competition. The
following are the general criteria for
assigning capped services into services
baskets.
1. Degree of competition in each basket.
2. Homogeneity of services ( including similarity
in demand price elasticity's)
3. Degree of substitute of each service.
Individual Service Pricing
Restriction:
 Restriction can be placed on the relative
and/or absolute movement of prices of
individual services as well as services baskets.
 Examples: if the regulator is concerned that the
residential subscription rate may rise too quickly as
a result of rate rebalancing.
 The maximum allowable price increase for
individual service will be inversely proportional
to the weight of the individual services with in
the service basket.
Individual Service Pricing
Restriction:
 As a result, the price for services with relatively small
weights could increase significantly if the allowed
increase were channeled towards one of these
services and there were smaller compensating
decreases in charges for services with relatively
larger weights.
 Conversely a service with a relatively heavy weight
with in the proposed services basket would be
subject to only moderate price increases if the
allowed increases were channeled to this service,
even though compensating decreases were made in
services with relatively small weights.
Duration and Review of Price
Cap Plan:
 The longer the term of a price cap plan, the
stronger the incentive for the operator to
improve its performance.
 In theory, the duration of a price cap plan should be
indefinite, so that the regulator would not intervene
in the setting of future prices.
 In practice, however this type of price cap regime is
neither feasible nor desirable. A regulator cannot
estimate future productivity growth with certainty;
nor can it set the X-factor at the right level for an
indefinite period.
Duration and Review of Price
Cap Plans:
 Result of setting X-factor imperfectly:
 With the X-factor set imperfectly the operator
would either earn insufficient revenues or
unacceptably high profits.
 Both conditions are inefficient and
unsustainable.
 As a result in a real world price cap plan, the
regulator generally sets a minimum period
during which the X-factor will not be revised.
Duration and Review of Price
Cap Plans:
 Example:
 An increase in customs duty from 20% to 40% is
imposed on imported capital equipment, including
telecommunication equipment. The
telecommunication operator faces a significant
price increase.
 Assuming new equipment purchases account for
20% of the annual cost of the operator, the
custom increase could increase total cost by 4%.
 This change may not fully reflected in the inflation
factor.

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