Editorial: Strategic Review of the Digital Communications Market

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The global telecommunications market is undergoing rapid change driven by technologies such as small cells, the rollout of LTE, the emergence of 5G, and new concepts like the Internet of Things and smart cities. These developments are reshaping how networks are built, how services are delivered, and how consumers and businesses connect.

The UK market is one of the most affected, facing the same technological shifts while also confronting high-profile consolidation that could reduce the number of major mobile operators to just three: BT/EE, Three/O2, and Vodafone. That prospect has sparked concern about competition and market balance.

If Ofcom, the UK telecoms regulator, approves BT’s proposed acquisition of EE, the deal would combine the country’s largest broadband provider with its largest mobile operator. Critics warn this could create a dominant market player with the potential to limit competition, while supporters point out the opportunity to offer a genuine quad-play bundle — broadband, mobile, television and landline services — under one provider.

Quad-play bundles already exist via providers such as Virgin Media and TalkTalk, but they typically operate as mobile virtual network operators (MVNOs) that lease capacity on networks run by EE or O2. A merged BT/EE could change that dynamic, especially for rivals like Virgin Media, which competes aggressively with BT in broadband and currently relies on network access agreements.

Virgin Media renewed its MVNO agreement to use EE’s mobile network in 2014, but the duration of that contract was not disclosed. If BT gains control of EE, it may choose not to renew access for rivals, pushing companies like Virgin to seek alternative arrangements or consider acquisitions — for instance, of Three or Vodafone — to deliver their own end-to-end quad-play service.

Not everyone believes consumers will demand quad-play packages en masse. Three’s CEO David Dyson told the Financial Times that longer-term adoption depends on how providers market and price bundled services: “There doesn’t look like a huge demand but it depends on how aggressively people push it through discounting.”

By contrast, TalkTalk — which offers quad-play via O2’s mobile network — reported a strong quarter in 2014/15, adding 15,000 broadband customers, 50,000 mobile customers, 88,000 fibre customers and 115,000 TV customers in a single quarter. TalkTalk’s CEO Dido Harding said the company is optimistic about quad-play and believes it is well positioned to benefit from industry change.

As consolidation and new technologies reshape the landscape, Ofcom has launched a strategic review of the digital communications market. The review aims to ensure that competition, investment, innovation and product availability continue to meet the needs of consumers and businesses across broadband, mobile and landline services.

Ofcom’s review will focus on three core areas:

  • Creating the right incentives for private-sector investment to improve network availability and service quality;
  • Maintaining strong competition and addressing bottlenecks that could hinder the sector;
  • Assessing whether deregulation in certain areas could support better outcomes for users and providers.

The regulator faces a difficult balancing act. Decisions on mergers and market structure will draw scrutiny from industry participants and consumer groups alike. Ofcom has faced criticism in the past — for example, when EE was awarded 4G spectrum ahead of rivals in 2013, a move some said gave it an early advantage in rolling out 4G services.

Steve Unger, Acting Chief Executive at Ofcom, noted that the lines between landline, mobile and broadband services are blurring as consumers access faster connections on an expanding range of devices. He emphasized that the review is intended to ensure regulatory rules continue to support both competition and investment for years to come.

Some of BT’s competitors have urged Ofcom to go further by fully separating BT from Openreach, the division that manages the UK’s local access network. Openreach was created in 2006 after Ofcom required BT to operate its access network separately, aiming to ensure rival ISPs had equal access to BT’s extensive copper and fibre infrastructure. Rivals argue that a full split could safeguard investment and fair access in light of potential BT/EE consolidation.

Ofcom plans to publish a discussion document in the summer, with initial conclusions expected by the end of 2015. The review’s findings will help determine which interventions, if any, are necessary to preserve competitive markets while encouraging continued investment and innovation.

What should regulators prioritise in strategic reviews of the communications sector? Share your views in the comments.