Monopoly Around 120 Years 1877
1975
1981
Liberalization Around 13 Years
1986
1994
1997
1999
2001
2002
2008
2009
2010
2011
Timeline
Main Events
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Optical Networks in Rural Zones +w +2+5'7.32 +7:35/6
Main Inventions
Portuguese Legal Framework
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Law 91/97
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RAQUEL CASTRO MADUREIRA, A. MANUEL DE OLIVEIRA DUARTE, AND RAQUEL MATIAS-FONSECA
Digital Object Identifier 10.1109/MTS.2012.2211153 Date of publication: 24 September 2012
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Law 123/09 >03('0 8)76 Sharing
133 years of Telecommunications and Universal Service in Portugal Portugal, in southwestern Europe, has continental territory of 892 000 km2 and also includes two 28
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archipelagos in the North Atlantic: Madeira and Açores [7]. Its current population is around 11 million citizens who are mostly concentrated near the coast, especially in the two major cities: Lisbon in the center, and Porto in the north. Along the coast, the population density is relatively balanced, but in the interior of the country, the population is sparse and concentrated in smaller villages. From the end of the 19th century and along with the industrial revolution, the universal service concept allowed more and more citizens to have their first contact with technology by using fixed telephone service. From the early systems on through today’s massive technology use, quality of life has been improved, and increases in the country’s Gross Domestic Product (GDP) can be correlated with telecommunications technical developments and customer growth (Fig. 1). The chart on page 24 [10] briefly summarizes the main events of the last 133 years of modern telecommunications in Portugal. This period can be divided into two main eras: the incumbent monopoly era and the open market era. The monopoly era is characterized by the existence of only one telecommunications operator, the
incumbent. The services provided were practically limited to voice and over an exclusive type of infrastructure: copper twisted pair, also state-owned. Customer care was often quite poor and malfunctions and delays were common. During this time there was not a formal universal service concept, but there was an intrinsic concern to expand the communications service all over the country. By the time of Portugal’s entrance into the economic European Union and market liberalization in the 1990s, new telecommunications operators and services started to emerge. Nevertheless, new private operators focused their network deployment on areas of highest economic return and some regions were left out of their plans. In 1994, Portugal Telecom (PT) was born merging Telefones de Lisbon e Porto (TLP) and Telecom Portugal (TP), in order to create a strong telecommunications operator [11], [12]. During this era, there was no legal framework concerning Universal Service, but the state assumed those obligations as “expected,” deploying the fixed telephone network as long as it was requested anywhere in the country. In 1995 [13], it was agreed by law to grant PT the exploitation of
30 000 USD
16
Millions
A
s an answer to growing public demand, the telecommunications market is providing newly developed alternative broadband infrastructures. Around the world there is a massive deployment of New Generation Telecommunications Networks (NGN). These new generation networks have become part of new economic plans for many Telco operators and governments. Despite special plans for rural zones (in Europe [1], for example in Portugal [2]), there are no absolute guarantees that 100% of citizens will have access to broadband. In most European countries a legal instrument, the telecommunications Universal Service Act, guarantees access for all citizens, anywhere in the country, at affordable prices (upon reasonable request). These guarantees are for a certain minimum set of telecommunications services, in order to promote social inclusiveness. This concept seemed outdated during the 1990s during a time of liberalization of the telecommunications sector, when telecommunications apparently provided global coverage. In fact, mobile communications connections in Portugal increased from 81 to 151connections per 100 inhabitants during the years 2002 to 2009 [3],with coverage reaching more than 90% of the country. With the advent of NGNs and with the changes in behavior shown by individuals and organizations relative to the consumption and incorporation of communications and information services in their patterns of life, the Universal Service concept once again became an issue [1], [4]-[6]. The story of Universal Service is entering a new chapter.
14
Fixed Telephone Connections
12
Mobile Subscribers
10
Internet Access
8 6
25 000 USD 20 000 USD
GDP (Current US$)
15 000 USD 10 000 USD
4 2
5 000 USD
USD 0 1930 1940 1950 1960 1970 1980 1990 2000 2010 Fig. 1. Portuguese communication’s customer growth vs GDP(USD). Data processed by authors based on [8], [9]. IEEE TECHNOLOGY AND SOCIETY MAGAZINE
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100.0% 90.0% 80.0%
Other Telco Portugal Telecom
70.0% 60.0% 50.0% 40.0% 30.0% 20.0% 10.0% 0.0% 2000
2002
2004
2006
2008
2010
Fig. 2. Fixed telephone connections evolution in Portugal since 2001. (Source: ANACOM.)
the fixed telephonic infrastructure as long as PT fulfilled its Universal Service obligations (USO) until 2025. Under the influence of liberalization trends in the rest of Europe, PT started its privatization in 1996, a process that would end in 2005. The exception to privatization was the single share (golden share) retained by the state beside the EU recommendations [14] but demonstrating its concern about public essential utilities. Law 91/97, called the Law of Telecommunications [15], opened the public network provision to other operators, and started to draw a legal framework for Universal Service. The state assumed its responsibility as the USO provider and determined some fixed services (such as voice) over a specific type of infrastructure (the twisted copper pair network). New approaches to full market came from Europe, and in 1999 Law 458/99 [16] applied the open network provision (ONP) to voice telephony as EU recommended in directive 98/10/EU [17]. New players appear in the fixed phone market, enabling better customer services and driving prices down. The incumbent held on for quite long time to its dominance, however EU pressure and Law 29/2002 [18] started the decommissioning
of the network from the public domain. From that point on, the private market began to take over as shown in Fig. 2. The public network was opened to competition, even though the public infrastructure was still state property. The use by other operators of the twisted copper pair from the public network allowed growth of the number of players within the sector, as well as growth in quality and quantity of services offered based in xDSL technologies.1 This was, we believe, the basis of today’s massive Internet usage in Portugal. Along with liberalization, another phenomenon changed the traditional fixed telephony market: mobile technology emerged as unexpected competition causing serious damage to the previously loyal group of fixed network subscribers. In 2001, the former NRA, ICP, became an independent regulatory authority with the DecreeLaw No 309/01 [19] and changed its name to Autoridade Nacional de Comunicações (ANACOM). In order to ensure healthy completion among all operators and to respond to strong pressure by the 1 The Digital Subscriber Line (xDSL) is a family of technologies that provides digital data transmission over the wires of a local telephone network.
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operators, the regulator decided to open access to all state ducts (ORAC). With this measure, PT was forced to open their infrastructure to the market, [20]. The Electronic Communications Law 5/2004 [21] transposed several EC directives [22]-[25], concerning the conditions to enable practical Internet access and gave a first but significant step setting out the general principles regarding rights of way and access to conduits within the public domain by market players. In this period, several regional contests to deliver Internet in public places were opened under the program “Portugal Digital.” By 2005, Portugal (and most western European countries) came under strong economic pressure. Technologies of Information and Communication (TIC) appeared to be one of the main drivers of the economy. A new plan called “Portugal Tecnológico” [26] was announced to deliver the Internet to all by incorporating small computers at school for children starting at early ages, and at elderly homes. This plan aimed to introduce citizens to new technology and enhanced huge operator’s investments in NGN’s: wireless broadband and passive optical networks. Portugal was one of the first European countries to deploy fiber to the home (FTTH) and the regulatory framework with Law 123/09 [27] and Law 32/09 [28] was quite innovative in the European context. This latest framework defined strategic guidelines such as effective and non-discriminatory access to non-government ducts and other infrastructure, and the adoption of solutions aimed at eliminating or reducing vertical barriers to the rollout of fiber optics. These measures were to prevent the first operator from monopolizing access to buildings. Despite all the technological evolution, the emphasis on |
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Universal Service has been the same during all of the last 133 years. Since 2005, the European Commission has reviewed the scope of the Universal Service Directive every 3 years. In 2008 several public debates concerning the Universal Service concept were launched among the European players of the telecommunications sector [6]. The two main issues discussed were technological neutrality and the extension to broadband [29]-[32] The themes were also discussed in Portugal [33], but in Portugal, as well as in the rest of Europe, both of the approaches were postponed as it was thought that there was no risk of information exclusion for citizens. Many of the proposals were updated as the universal service obligations. Nevertheless access to broadband networks is expected to be widespread in the 2013 European Digital Agenda, but not as universal service [34].
Current Scope of Universal Service in Portugal To understand the Portuguese consumer’s behavior and the telecommunication sector, we consider the current Portuguese telecommunication market and end with discussion of the current framework and scope of Universal Service. Major Portuguese consumers are well known for their open disposition to new technologies and to new means of communication. In an 11 million inhabitants market, there are thirty-three telecommunication service providers, and some of them use more than one access technology. Also, according to the regulator ANACOM, by the end of September 2009 there were 3 286 000 (33% of the total population) [35] fixed telephony subscribers . The number of mobile subscribers was around 15 500 000 (140% of total population) [36]. Portugal is in the top five of EU27 countries with respect to 30
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highest mobile penetration per 100 inhabitants. All providers of fixed access Internet offer broadband access. Eighteen companies use ADSL, while modem cable is used by seven, and optical fiber by ten. There are seventeen companies providing the service through other means (e.g., leased lines). Moreover, four of the providers of mobile telephone service, also provide 3rd generation mobile broadband Internet access, and are planning to move forward to the 4th generation. New markets in high-density areas are now being captured due to the new triple/tetra play offers mainly from the incumbent, PT. Triple play includes low prices for voice fixed telephony, high-speed Internet and high definition TV/ Video on demand by fiber. The third quarter of 2009 was the fourth consecutive quarter in which there was an increase of the number of direct access customers [37]. The European Commission and individual European countries are aware of the social and economic benefits that may arise from increasing broadband communications in both the social and economic sectors. By 2010, funds from the National Strategic Reference Framework (NSRF) [38] were allocated by contest in order to implement broadband networks in geographic economically disadvantaged areas. These contests required a minimum coverage of 50% of the population. These investments, along with other regional programs, may help to reduce asymmetric development of countries, although they do not guarantee universal access to broadband systems. Because there no longer is a public telecommunication operator in Portugal, access to broadband systems depends on financial investments from, and the assurance of economic return to private operators. The Universal Service concept was designed [15] to accompany
liberalization, to safeguard reasonable access at an affordable price. The USO led to huge investments without an assured financial return. In this case it is understood that the intangible returns, like social benefits and social well-being are worth the investment. So the objective of Universal Service is to provide social benefits to all citizens without discrimination through technology, and the main objective of the Universal Service provider (USP) is to find metrics to measure those intangible returns, and balance them with network deployment investments (Fig. 3). If the social benefits cannot be correctly measured or understood, the swing moves to the investment side and Universal Service is considered as a burden. The Portuguese (and European) requirements for the Universal Service concept include the following items: ■
■
■
Scope of Universal Service (USO); Designation of providers (USP); Financing mechanism.
In this 21st century scenario, the Universal Service obligations in Portugal are according to Decree-Law 458/99 [16]: mature fixed twisted copper for robust voice and data rates sufficient to permit functional Internet access, public payphones, paper directories, directory enquiry service, and emergency number access. Universal Service’s special fares are also applied for disabled and elderly
Universal Service
Network Investment
Social Benefits
Universal Service
Fig. 3. The Universal Service swing concept.
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to accept the net costs of the Universal Service provision estimates for 2003 nor the estimate reviews for 2001 and 2002 presented by PT [41]. This subject is still pending.
Universal Service Challenges The main challenge of Universal telecommunications service in the dawn of the 21st century is to find a concept that can achieve the reliability of its predecessor, the twisted copper pair, but also can move towards a new definition of communications utility that can help deliver equal opportunities to all consumers. From the technological point of view, there are several technologies that are candidates to become both new generation networks and Universal Service providers. The main concept of a NGN is the evolution from a circuit-switched network (such as the traditional voice communication network) towards the packet-switched paradigm. NGN are part of the technological evolution of the telecommunications world as it responds to the demands of consumers. The aging population is one of the megatrends that are shaping today’s economic and social understanding. There are growing concerns about health, entertainment, sports, and fitness. A NGN can respond to most consumer needs by providing long distance services such as telemedicine, video-conference classes, and telework. Several studies [42]-[44] have already been done that focus
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on various facets of NGN’s deployment in access networks. Studies specific to Portugal such as the BCG study [42], quantify the potential impact of services to be offered by NGN based on fiber to the home in specific areas. Eight areas of economic and social impact were identified as priority benefits to new NGN based services: health and social work, security and justice, education, public administration, mobility and logistics, commerce and retail, tourism and media, entertainment and culture. According to this study, NGN service deployment in Portugal will result in a significant increase in public good, including an approximately 1.8% increase in GDP. The measure of this impact is the sum of the contributions of three major areas: economic, environmental, and social impact. The direct impact will come in three different waves (see Fig. 4): ■
■
The first wave, valued at 900 million Euros, will come through improved services for faster connections and reliable Internet, such as virtual classrooms, sharing of criminal intelligence, virtualization, and utility or telepresence. The second wave of impacts, valued at 700 million Euros, will come from e-working, interactive advertising, virtual tourism, and shopping by television.
2nd Wave: 700M
Acceptance
3rd Wave: 300M E-Medicine
E-Working, Tourism
1st Wave: 900M Tele-Presence
citizens. However, these special fares might rise as maintenance costs rise. As previously mentioned since 2005, the Portuguese USP is Portugal Telecom [13], the former incumbent. Since 2008, several Portuguese operators presented their motivation to be candidates for USP as it was regulated [16]. Nominee mechanisms should be efficient, objective, nondiscriminatory, and transparent; but the USP designation was conceded to Portugal Telecom until 2025 and the regulator is still trying to get to a consensus among the players to circumvent the situation. In 2002 infringement procedures were opened for incorrect implementation of the EU’s directives [14]. By 2011, the regulator launched a national discussion about the USO provider and its responsibilities in order to determine recommendations to the Government on the matters that fall within their area of expertise [39]. USO Net Cost (USNC) is the difference between operating with a Universal Service obligation and without one. Any benefits including indirect and intangible benefits have to be assessed to calculate it and should be presented annually by the USP to be audited or verified by the NRA and made public in an annual report. Most EU member states allow Universal Service financing compensation only from sector-specific funding. Some members, as Portugal, allow both public and sector specific funding and two EU members only allow public funding. Since 2001, by the time PT became a private company and was defined as the national Universal Service provider, it has claimed that the USO is a financial burden and that PT should have some financial support, as determined by the nº1, art. 5º from EU Directive 97/33/EU [40], [16]. The regulator ANACOM did not accept PT’s claim, as there were no conditions
ICT Knowledge
Fig. 4. NGN’s economic impact in Portugal, adapted from BCG [41].
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The third wave, which involves the widespread use of virtual consultations for surgery, for example, is valued at 300 million Euros.
According to the European Commission model [43], considering the actual adoption rate, broadband development is likely to contribute to the creation of 1 076 000 jobs in Europe and a broadband-related growth in economic activity of €849 billion between 2006 and 2015. According to the model, in the worst case, broadband development will result in a creation of 345 000 jobs in Europe between 2006 and 2015; while in the best case, 2 112 000 jobs could be created. The perspectives demonstrated by some of the recognized studies are quite optimist and predict a brighter future concerning welfare of the population and economy of the countries involved. Other studies however are not as optimistic [44]. Different models suggest that civil engineering costs (among other costs) for the fiber networks deployment will limit the deployment of the FTTH to high density areas, leaving other zones, mainly rural areas, out of the NGN wave. This would, in turn, limit prospects for economic development. It is exactly here that the scope of the Universal Service should be reevaluated to find mechanisms to provide broadband access to all citizens in the territory in a nondiscriminatory way. Different types of infrastructure and technology should be evaluated and the type of service delivered should not be imposed.
In the 1990s, the concept of Universal Service seemed to be forgotten in the midst of rapid technological development and the popularity of other types of telecommunication services. There are good perspectives that the use of data communication will be used by an increased number of citizens in a short time, thus the lack of availability might result in social exclusion for those who cannot afford it. The Internet became a service with a regular presence in several aspects of our daily lives: in education, government, commerce, industry, and health. Soon, narrowband might no longer be sufficient to allow functional Internet access, one of the current Universal Service requirements in Portugal and in several other countries. In Portugal, there are already several players deploying new generation networks, such as FTTH in fixed technologies and LTE in mobile technologies. Nevertheless there are no guarantees that 100% of citizens will have access to it, despite the plans for the rural zones. With the advent of NGN’s and with the risk of a growing digital divide among citizens, Universal Service has again become a significant issue in Europe and in Portugal. Therefore it is timely to revisit the concept of Universal service. Further studies ought to analyze which technologies should be adopted, which services should be considered universal, what are the player’s responsibilities and the regulation frame beneath. The history of Universal Service in Portugal has not ended, but it is entering a new chapter.
Author Information Universal Service – Force for Fairer Society Development The Universal Service concept has proven to be a driving force for a fairer society development that builds bridges among populations, countries, and continents. 32
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Raquel Castro Madureira and A. Manuel De Oliveira Duarte are with the Instituto de Telecomunicações, Departamento de Electrónica, Telecomunicações e Informática, Campus Universitário de Santiago, 3810-193 AVEIRO Portugal.
Raquel Matias-Fonseca is with the Departamento de Economia, Gestão e Engenharia Industrial, Universidade de Aveiro, Aveiro, Portugal. Email:
[email protected];
[email protected],
[email protected].
Acknowledgment The authors wish to acknowledge Fundação da Ciência e Tecnologia, the Portuguese Foundation for Science and Technology, for the scholarship granted to the PhD student Raquel Castro Madureira.
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