(Second part of a larger article. The first part you can read here)
There is a “proposal” of AGCOM (Authority for the communications) for “taxing” the mobile messaging apps like WhatsApp; the results of the “Survey on the development of digital platforms for electronic communications services” does not necessarily come to the conclusion that we have to pay for the messaging services (including Facebook Messenger, Skype, Telegram and many others). We see in detail what it really offers the NRA and the data reported on the market of “old” messaging services (the SMS) of telcos that October have largely supplanted.
WHO PAYS FOR Networks
the survey AGCOM focuses on a market condition in which, with the appearance of “consumer communications services”, has failed the balance. The Italian regulator points out that mobile network operators must comply, as possessors of network infrastructure and communications services providers, to a number of obligations (the need to obtain authorization to conduct its activities, compliance with legislation Italian privacy protection, free competition, consumer rights, etc.). They must also follow rules on the interconnection of networks, with related costs and, in the specific case of infrastructured mobile network operators, must bear the costs for the allocation of frequencies lots.
The suppliers of social communications app are free from many of these obligations but indirectly use the resources of the network operators as they offer services to end users by taking advantage of existing networks – and thus indirectly of frequencies and numbers they own mobile network operators – with neither bear the associated costs or having to comply with the rules related to their use and without the provision of revenue sharing mechanisms between the parties. These advantages enable OTT, in principle, to offer retail services to consumers at better conditions than those offered by mobile network operators.
MORE ‘RULES RULES OR NOT?
This framework does not automatically translate into conclusion: October must pay the telco, clarifies the NRA. The fact Survey warns of “regulatory asymmetry” on “potential barriers to entry” or damage to the competitive conditions of the market. In practice, provide for more obligations for October or less regulation for telco could cause a slowdown, if not an arrest in the development of the most innovative consumer communications services in the case, for example, any obligations imposed on Oct. prove disproportionate. Thus interrupt the virtuous cycle of stimulating investment and development of the sector.
In addition, even if today is not expected a revenue sharing mechanism between the parties, it is also true that the user must still pay for the data plan of the telco to have Ott service. “There is also a real opportunity for network operators to exploit nature multi-side of the market,” says the NRA.
HOW AND ‘collapsed MARKET SMS
the data on the collapse of revenue from SMS fit within a global phenomenon that is not specific to Italy, and it is not caused only by the app messaging but in general the “war raged prices in recent years among mobile network operators in Italy, “says the NRA; “We also have to take into account the effects on the retail markets of the tax regulation in the wholesale markets, in particular with regard to the lowering of the price of wholesale termination services and roaming charges occurred in recent years.”
It ‘true, however, that the telecom companies have lost in ten years an important source of revenue as they saw the exploding use of data (resulting in the need to invest in expanding the network). In terms of use of the instant messaging services have not evolved beyond the services of SMS, as in October 2015 – in all countries analyzed by the NRA, with the exception of Spain – the percentage of the population using the SMS is still higher, although in some cases not by much, the percentage of population using instant messaging services (Italy: 90% Sms,% 80 messaging app). But the revenues are to be collapsed: over 2 billion euro in 2005, even 950 million in 2015.
WHAT PROPOSES AGCOM
What is it then to balance the market? According to the regulator, first of all, it should be considered in Europe a new formulation of the “consumer communications services”, harmonized in the EU and taking account of new technologies (mobile networks by better performance and more advanced handsets that encourage the use of the app). Reconsider the definition would cure the current asymmetry. If there are rules to require suppliers to app still it needs a test, according to the NRA, to assess the suitability of the measure to the objective achieved, as suggested by the BEREC in the “Report on October services” .
it is undeniable that the NRA also puts on the table, among the cases to be screened, the “toll” of OTT, in line, at least in part, with what the ‘ Ethno , which represents the network operators in Europe, has repeatedly asked the October should appropriate prices for interconnection, to compensate for the fact that they use the network infrastructure on which the telcos have invested.
“PROMOTING INVESTMENT OPERATORS”
the survey draftsman AGCOM, the Commissioner Antonio Preto ( in the photo ), he said: “the consultation has analyzed the demand and supply of new services and the uniformity of the market conditions for all operators. Among the measures envisaged to resolve any existing critical issues in the interconnection agreements between network operators and providers of instant messaging services, such as Whatsapp, Telegram and others, there is one that they remunerate the use of infrastructure. The aim is to promote investments made by network operators who support the huge amount of data traffic they generate value-added services. “
But, specifies the Commissioner,” is a hypothesis about their interconnection agreements between OTT and TLC to be realized, for example, through an obligation to negotiate with the objective of identifying the interconnection mode and its price “; This “does not imply direct costs for the user nor the possibility for providers of instant messaging services to be able to tap into the phone credit”, to which the instant messaging service providers “were not allowed to draw water.”
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