THE TELECOMMUNICATIONS ACT 2001 SECTION 29(3) AND 29(4)

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1 Telecommunications Authority of Trinidad and Tobago THE TELECOMMUNICATIONS ACT 2001 SECTION 29(3) AND 29(4) ASSESSMENT OF THE MINIMUM RATES FOR TERMINATION OF INCOMING INTERNATIONAL TRAFFIC Made Under Determination 2010/01 dated 3 rrd February February 2010

2 1. Summary 1.1 TATT Determination under Section 29(3) and (4) of the Act On 3 rd February 2010, pursuant to the provisions of section 29(3) and 29(4) of the Telecommunications Act 2001 (the Act ) the Authority issued a Determination 1 in which it established rules and principles to be applied in the setting of rates for the carriage and termination of incoming international telecommunications traffic on domestic networks in Trinidad and Tobago (herein referred to as the Determination ). Those rules and principles provide, inter alia, as follows: 1. The rate charged by a concessionaire for the termination of incoming international telecommunications traffic on a domestic telecommunications network shall not be less than the sum of: a. the cost of termination of the international traffic on the relevant domestic network (herein referred to as the domestic termination rate); plus, b. any relevant cost incurred in terminating the international traffic. 2. The relevant costs incurred in terminating the international telecommunications traffic, referred to in 1 b. above, are the same as those associated with the operation of an efficient international network. Thus, this cost shall include: a. the efficient port charges or its equivalent (if applicable) at the relevant international Network Access Point (NAP); b. the efficient backhaul cost from the relevant international NAP to the relevant international Cable Head; 1 Determination 2010/01 Under Sections 29(3) and 29(4) of the Telecommunications Act 2001 Termination of International Incoming Telecommunications Traffic on Domestic Networks in Trinidad and Tobago 3 February

3 c. the efficient international connectivity cost from the international Cable Head to the Cable Head in Trinidad and Tobago;, d. the efficient backhaul cost from the Cable Head in Trinidad and Tobago, to the point of interconnection on the relevant domestic network in Trinidad and Tobago; e. the efficient international switching and aggregation cost; f. the relevant interconnect facilities cost to access the domestic networks; and, g. the relevant related Administrative cost to operate an efficient international telecommunications network. 6. Upon publication of this determination, and at intervals of twelve (12) months thereafter (or otherwise as the Authority considers necessary based on market conditions) the Authority shall assess the minimum price for the termination of incoming international telecommunications traffic on a domestic networks on those routes which it considers appropriate having regard to traffic volumes and competition, based on the information provided under 4. And 5. above, applying the principles set out in 1 and 2 above, and it shall publish such assessment on its website and by written notice to all concessionaires authorized to operate in the relevant market. 7. No concessionaire shall offer, negotiate on the basis of, or charge a rate which is less than the rate set out in the most recent assessment published by the Authority under 4 above, unless it has first justified to the Authority s reasonable satisfaction that the rate does not breach the rules and principles set out in this determination, as applied on a fair, equitable and nondiscriminatory basis. 3 February

4 1.2 Assessment of Minimum Rate for Termination of International Incoming Traffic Pursuant to clause 6 of the Determination, the Authority has assessed, by application of the rules and principles to the costs on a fair and non-discriminatory basis, the minimum price to be charged for the termination of international incoming telecommunications traffic on a domestic network in Trinidad and Tobago. On the basis of the matters referred to in the draft assessment dated 23 rd November 2009, and in this document, the Authority s assessment indicates that for incoming international traffic which is delivered to Trinidad and Tobago via the United States of America: (i) (ii) The price charged by a concessionaire for the termination of international incoming telecommunications traffic on a domestic mobile network in Trinidad and Tobago should be no less than US$ per minute; and, The price charged by a concessionaire for the termination of international incoming telecommunications traffic on a domestic fixed network in Trinidad and Tobago should be no less than US$ per minute. In accordance with the Determination, a concessionaire may not offer a rate which is less than the rates set out above. In respect of traffic which is not delivered via the United States of America, a concessionaire is required to ensure that its prices do not contravene the principles set out in the Determination. The Authority will monitor any such prices to determine whether it is necessary to conduct a separate assessment in respect of the minimum rates applicable thereto. 3 February

5 Background 2.1 Request for Regulatory Intervention Pursuant to section 21 of the Telecommunications Act 2001 as amended (the Act ) concessions have been granted to nine (9) entities to operate an international telecommunications network and/or provide international telecommunications services, namely: Columbus Communications Trinidad Limited (CCTL); Columbus Networks International Trinidad Limited (CNITL); Digicel (Trinidad and Tobago) Limited (Digicel); Laqtel Limited (Laqtel); Lisa Communications Limited (Lisa); Open Telecom Limited (Open); Telecommunications Services of Trinidad and Tobago Limited (TSTT); Three Sixty Communications (Three Sixty); Windward Telecom Limited (Windward). Of these concessionaires, only three, namely TSTT, Digicel and CCTL have also been granted a concession to operate and provide a public domestic telecommunications network and service. Between May and July 2009, all of these concessionaires wrote to the Authority requesting Regulatory Intervention Under Section 29 of the Telecommunications Act of 2001 vis-à-vis the introduction of a Price Floor for both fixed and mobile incoming international termination rate. 2.2 Draft Determination and Assessment The Authority engaged in a process of collection of relevant data from the concessionaires authorised to operate in the international market, considered the request and the information provided, and on 23rd th November 2009 issued a 3 February

6 Draft Determination under Section 29(3) of the Telecommunications Act. The draft determination provided the following pricing rules and principles to be applied to rates charged by concessionaires for the termination of international incoming telecommunications traffic on domestic telecommunications networks in Trinidad and Tobago: 1. The rate must be no less than the sum of: a. the cost to terminate the international telecommunications traffic on the relevant domestic network; plus, b. any relevant cost incurred in terminating the international telecommunications traffic. 2. The relevant costs incurred in terminating the international telecommunications traffic are the same as that associated with the operation of an efficient international network. Thus, this cost shall include: a. the efficient port charges or its equivalent (if applicable) at the relevant international Network Access Point (NAP); b. the efficient backhaul cost from the relevant international NAP to the relevant international Cable Head; c. the efficient international connectivity cost from the international Cable Head to the Cable Head in Trinidad and Tobago; and, d. the efficient backhaul cost from the Cable Head in Trinidad and Tobago, to the point of interconnection on the relevant domestic network in Trinidad and Tobago. The Authority also issued on 23 rd November 2009 a draft Assessment of the Minimum Rates for Incoming International Termination, By Application of the Applicable Rules and Principles Established by the Authority Pursuant to Section 29(3) of the Telecommunications Act. That draft assessment indicated 3 February

7 that based on the proper application of the rules and principles established in the draft determination to the costs on a fair and non-discriminatory basis, the price charged for the termination of international incoming telecommunications traffic on a domestic network in Trinidad and Tobago should be no less than US$ per minute for termination on a domestic mobile telecommunications network and US$ per minute for termination on a domestic fixed telecommunications network. The draft documents were issued, for comment, to concessionaires operating in the incoming international telecommunications market segment, namely: Columbus Communications Trinidad Limited ( CCTL ); Digicel Trinidad and Tobago Limited ( Digicel ); Lisa Communications Limited; Laqtel Limited; Open Telecom Limited; Three Sixty Communications; Telecommunications Services of Trinidad and Tobago ( TSTT ); Windward Telecom Limited; The Authority received responses from the following concessionaires: Columbus Communications Trinidad Limited letter dated 16 th December 2009; Digicel Trinidad and Tobago Limited letter dated December 9 th 2009; Three Sixty Communications letter dated December 11 th 2009 (Further comments and recommendations under cover of letter dated December 22 nd 2009 Also received via on 23 rd December 2009); Telecommunications Services of Trinidad and Tobago letter dated December 11 th 2009; Windward Telecom Limited letter dated December 4 th 2009 (Also received via on 2 nd December 2009); 3 February

8 2.3 Final Determination under section 29(3) and 29(4) The Authority reviewed the representations made by the concessionaires and on 3 rd February 2010, issued a determination under section 29(3) and 29(4) of the Act in which the Authority, having regard to the comments and considerations made by the concessionaires, established rules and principles to be applied in the setting of rates for the carriage and termination of incoming international telecommunications traffic on domestic networks in Trinidad and Tobago. The rules and principles provide as follows: 1. The rate charged by a concessionaire for the termination of incoming international telecommunications traffic on a domestic telecommunications network shall not be less than the sum of: a. the cost of termination of the international traffic on the relevant domestic network (herein referred to as the domestic termination rate); plus, b. any relevant cost incurred in terminating the international traffic. 2. The relevant costs incurred in terminating the international telecommunications traffic, referred to in 1 b. above, are the same as those associated with the operation of an efficient international network. Thus, this cost shall include: a. the efficient port charges or its equivalent (if applicable) at the relevant international Network Access Point (NAP); b. the efficient backhaul cost from the relevant international NAP to the relevant international Cable Head; c. the efficient international connectivity cost from the international Cable Head to the Cable Head in Trinidad and Tobago;, 3 February

9 d. the efficient backhaul cost from the Cable Head in Trinidad and Tobago, to the point of interconnection on the relevant domestic network in Trinidad and Tobago; e. the efficient international switching and aggregation cost; f. the relevant interconnect facilities cost to access the domestic networks; and, g. the relevant related Administrative cost to operate an efficient international telecommunications network. 3. These rules and principles shall be applied in a fair, equitable and nondiscriminatory basis, and in particular, any assessment of the minimum rates shall be based on assumptions and data which represent efficiencies reasonably available to all concessionaires operating in the relevant market. 4. Each concessionaire shall provide to the Authority for each three month period ending on 31 st March, 30 th June, 30th September and 31 st December in each year, a statement in the form set out in the Annex to this determination, containing: o all rates charged by the concessionaire for the termination of incoming international traffic and the volume of such traffic carried/terminated in the preceding three calendar months; o all rates paid by the concessionaire for termination of outgoing international traffic and the volume of such traffic terminated in the preceding three calendar months. The information shall be submitted to the Authority within fourteen (14) days of the end of the period to which the information relates. 5. Each concessionaire shall produce to the Authority such information as the Authority may reasonably require to assess the costs of those routes which 3 February

10 the Authority selects as appropriate for assessment, applicable to the periods from 1 January to 31 December in each year. Such information shall be produced within 30 days of the end of the period to which the information relates, or of the receipt of details of the information required from the Authority, whichever is later. 6. Upon publication of this determination, and at intervals of twelve (12) months thereafter (or otherwise as the Authority considers necessary based on market conditions) the Authority shall assess the minimum price for the termination of incoming international telecommunications traffic on a domestic networks on those routes which it considers appropriate having regard to traffic volumes and competition, based on the information provided under 3 above, applying the principles set out in 1 and 2 above, and it shall publish such assessment on its website and by written notice to all concessionaires authorized to operate in the relevant market. 7. No concessionaire shall offer, negotiate on the basis of, or charge a rate which is less than the rate set out in the most recent assessment published by the Authority under 4 above, unless it has first justified to the Authority s reasonable satisfaction that the rate does not breach the rules and principles set out in this determination, as applied on a fair, equitable and nondiscriminatory basis. 3 February

11 2. Assessment of Minimum Rate for Incoming International Traffic The Authority has revised the draft Assessment published on 23 rd November 2009 having regard to the relevant pricing rules and principles, and taking into account the current costs to which the providers of such services are subjected in providing the services as informed by the representations made and information provided by the concessionaires. 3.1 Revision of Draft Assessment dated 23 November 2009 The Authority has made relevant and appropriate revisions to the international switching facilities costs (international and domestic switching aggregation costs) and to include relevant related costs, namely, network operations and monitoring expenses and general and administrative expenses, in accordance with Determination 2010/01 made on 3 rd February The Authority also applied amortization periods consistent with the timeframes proposed in its Current Cost Accounting (CCA) Reference Paper. The revised international switching facilities cost includes: Carrier Grade Softswitch; The Authority s research revealed that the cost of a carrier grade softswitch may range between US$30,000 to US$300,000 depending upon the features included in that softswitch. On the higher end, the switch would include a billing system. Recognizing that the switch cost should be apportioned between incoming and originating traffic and domestic and international traffic, the Authority apportioned an appropriate but reasonable cost. The Authority would therefore make concession for a carrier grade softswitch without a billing system. Billing System and Software The Authority s research suggested that a typical carrier billing system would cost in the region of US$50, February

12 Interconnection Node The Authority is of the opinion that an efficient concessionaire conveying 3.5 million minutes should interconnect at a cost, equivalent to that for the median concessionaire in the market. Collocation, Equipment Maintenance and Support, Interconnection Fiber- The Authority is of the view that these costs should be equivalent to that for the median concessionaire in the market. The revised network operations and monitoring costs includes: Network Operating Center (NOC) Equipment and Ticket System and NOC Space Rental - The Authority is of the view that an efficient concessionaire conveying 3.5 million minutes should operate a NOC and rent appropriate space equivalent to that for the median concessionaire in the market. The revised General and Administrative (G&A) cost includes: Direct This category includes personnel who function as a dedicated resource to a technical area. This includes, among others, NOC technicians and an interconnection engineer. Indirect This category includes indirect G&A cost other than that of personnel who are dedicated resource to a technical area. These would include, among others office furniture and equipment, marketing and sales, office space rental. The Authority in its analysis categorized this cost as 10% of total network cost. The Authority s revised model yields the following costs (Table 1). Table 1: Revised Model for Inbound International Termination Rates NODEL COMPONENTS Per Minute Cost (US$) International & Domestic Switching & Aggregation Domestic Backhaul International Connectivity (Includes International Backhaul) Network Operations & Monitoring February

13 General & Administrative Expenses TOTAL PER MINUTE COST INTERCONNECTION RATE (FIXED) TOTAL PER MINUTE (FIXED) TATT REASONABLE RATE OF RETURN (15%) EFFICIENT FLOOR PRICE BASED ON EFFFICIENT OPERATOR (FIXED) TOTAL PER MINUTE COST INTERCONNECTION RATE (MOBILE) TOTAL PER MINUTE (MOBILE) TATT REASONABLE RATE OF RETURN (15%) PRICE FLOOR (FIXED) Assessment of Minimum Rates for Incoming International Termination In accordance with Clause 6 of the Rules and Principles set out in Determination 2010/01 dated 3 rd February 2010 made pursuant to ss29(3) and 29(4) of the Act, the Authority has conducted its assessment of the minimum rates for termination of incoming international telecommunications traffic on domestic networks in Trinidad and Tobago. On the basis of the matters referred to in the draft assessment dated 23 rd November 2009, and revised as indicated above, the price charged for the termination on a domestic network in Trinidad and Tobago of international incoming telecommunications traffic delivered via the United States of America, should be no less than US$ per minute for termination on a domestic mobile telecommunications network and US$ per minute for termination on a domestic fixed telecommunications network. 3 February

14 In respect of traffic which is not delivered via the United States of America, a concessionaire is required to ensure that its prices do not contravene the principles set out in the Determination. The Authority will monitor any such prices to determine whether it is necessary to conduct a separate assessment in respect of the minimum rates applicable thereto. TELECOMMUNICATIONS AUTHORITY OF TRINIDAD AND TOBAGO 3 rd February February

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