Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management

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Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Experience of multisectoral regulation:
    succeeded and achievable yet
                                          electronic
                                          communications
                             waste
                        management

Prof. Edvins Karnitis
   Public Utilities                                       railway
    Commission              post
                                                     water
                           natural
                              gas    district   electricity
                                     heating
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Policy of the EU related to SGEI:
          too soft aiming at unified approach
White Paper on services of general interest; COM(2004)374;
Services of general interest, including social services of general
interest: a new European commitment; COM(2007)725;
sectoral Directives – the first steps only:
  electricity and gas;
  electronic communications and post;
Treaty of Lisbon amending the Treaty on
European Union and the Treaty establishing the
European Community; Protocol on services of
general interest; 2007;
                       Multisectoral problems:
too little coordination and consistency in European Commission;
             the result – inconsistency on national scale
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Treaty of Lisbon amending the Treaty on EU
and the Treaty establishing the European Community
           Protocol on services of general interest

 The shared values of the Union in respect of
 services of general economic interest …
 include in particular:

   the essential role and the wide discretion of national, regional
   and local authorities in providing, commissioning and
   organising services of general economic interest as closely as
   possible to the needs of the users;
   a high level of quality, safety and affordability, equal treatment
   and the promotion of universal access and of user rights.
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Advantages of the multi-sectoral model:
              harmonized regulation
component of the national strategic issues: consistence with economy,
state intervention level, social policy, etc.;
unified essence: provision of services of general economic interest;
partial transition to competition;
service providers – multi-utility companies;
technological convergence of services;
consumers – users of various services;
small country factor: analogous environment on whole territory,
effective resource utilization – strong independent regulatory body;
knowledge management: unified strategy, methodology, principles
and instruments, adoption of methods and experience considering
sectoral peculiarities.
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
EU countries: looking for efficient regulatory model
historical experience – state regulators in USA;
Luxembourg – mechanical composition of
sectoral regulation;
UK – merging various subsectoral regulators;
Latvia – real multisectoral regulator;
Germany – joining energy and railways
regulation to electronic services regulator;
Estonia – joining all sectoral regulators with competition authority;
Lithuania, Hungary – merge planning;
Spain – united decision making board;
               Stochastic changes or advanced trend?
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Similar trend vs different level of sectors liberalization
                  sectoral Hirschmann-Hirfendal Indexes

Electronic communications                 2405
         – unified                1783

Electronic communications                          3861                          2006
          – fixed                         3283                                   2010p
Electronic communications                                 4815
         – mobile                           3802

                                                                 4962
                     Post
                                                   4443

                                                                                             9828
                Electricity
                                                                        7727

                                                                                                   10000
              Natural gas
                                                                                         10000

                              0              2000                4000     6000             8000            10000
                                                         Concentrated market
             Competitive market          Moderately concentrated market                             Monopoly

                                                                                                  Source: PUC
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Quality of regulation:
unified microlevel regulatory procedures coupled with
        observation of sectoral individualities
 Regulations on issuing licenses for provision of services and general
 authorisation;
 Regulations on information submission by service providers;
 Provisions on cooperation and consultation with service providers
 and consumers;
 Unified methodological principles for determination of tariffs for
 services;
 Procedure for acquaintance with tariff projects;
 Future tasks:
   Regulations on dispute solving;
   Regulations on documents to submit for tariff approval;
   Regulations on administrative costs that are included in tariffs;
Experience of multisectoral regulation: succeeded and achievable yet - electronic communications waste management
Harmonisation problems or intersectoral benefits
unbundling in energetics (generation,
transmission, distribution) – structural separation
(electronic services);
critical infrastructure, transmission and
distribution networks (wires and pipelines) –
frequencies, secondary trading;
market analysis – energy supply, postal services;
universal service – unification of models and
algorithms (electronic communications, postal
services, energy supply);

         Coordination problems of multisectoral regulation
     are much lower than those with lot of sectoral regulations
Usage of SGEI and payments for them (2009)
       100%             100%            100%            100%
100%                                                           6,2%     7,0%
               6,1%
                                                                                Comparative
                                                                        6,0%    average
90%
            5,3%                                            5,3%                usage of
                                  82%
                                                                        5,0%    services by
80%                                                                             household
                               3,6%                                     4,0%
                71%                                             71%
70%                                                                             Payment for
                                                  65%                           used
                                                                        3,0%
                                             1,9%                               services, %
60%                        2,7%                                                 from
                                                                        2,0%
                                                                                household
                                           1,8%                                 budget
50%                                                                     1,0%
       All hou- 1st     All hou- 1st     All hou- 1st     All hou- 1st
       seholds quintile seholds quintile seholds quintile seholds quintile Average – 15,1%
         Electronic       Electricity    Natural gas    District heating 1st quintile – 17,8%
       communications      supply          supply

                                                                          Source: CSB Latvia
Unified innovative universal service model
                                   US fund
 Obligations have to be      Electronic services          Combined
  put on all providers:                                   financing:
 equality and solidarity          Natural gas
                                                       providers > 90%
              Service              Post                 budget < 10%
      P
             provider 1         District heating
                                                           Government
              Service                                       (budget)
      P                           Electricity
             provider 2

              Service                                   Unified:
      P
             provider 3                         principles, methodology,
            US provider     P                           procedures,
 Standard                                              management
                                     US
customers                                           Sector specific:
                                  customer
                                                    services, indicators,
Advanced approach to set of services                     financing
US financing: prognoses 2014
                                                                           Max rate
         Sector               Support         Monthly   Yearly     Total    of duty
                              principle        (Ls)      (Ls)    (1000’Ls)   (% of
                                                                           turnover)
El. com. (low income)       1st quint. p.c.    7,30     87,60     7 538      1,56%
El. com. (invalid)          Average p.c.       10,30    123,60    1 182      0,24%
Electricity (low income)    Average p.c.       7,50     90,00     8 000      1,59%
Nat. gas (low income)       Average p.c.       4,35     52,20     2 000      0,61%
Distr. heat. (low income)   Average p.c.       10,90    130,80    8 140      2,61%
Post (all population)         Per item                  0,007      700       1,52%

        strongly directed support;
        any sectoral service provider (standard of quality!)
        have a chance to become the US provider;
        individual tendering;                                              Source: PUC
Combined structure of the PUC vs fragmented skills
 5+5                                 Board

                                   Electronic      Municipal
   52             Energetics     Communications   Services and
                  Department        and Post        Railway
                                   Department     Department

                   Economic Analysis Department    Regional
   25
                                                   branches
                         Legal Department

Dr. Sc. – 7
                           harmonized decision
Mg. Sc. – 53
Higher ed. – 37
                          making;
Others – 10                sectoral support;
Capacity of the PUC vs
capacity of shareholders
   90   bilj. EUR
                       78,2
   80

   70
                              Turnover of shareholders,
                              2010 or the latest available
   60
                                             51,0
   50

   40

   30                         GDP Latvia -
                20,9
   20                            18,1
                                     10,4                    11,9
         8,1                  6,3
   10                                                4,5

    0
        Dalkia E.ON Gaz- Fortum TNT          DHL    Tele2    Telia-
              Ruhrgas prom                                  Sonera
                                                              Sources: company reports
Quality of decisions:
      court verdicts on PUC’s decisions (2002–2010)

 District Court           10                            23                  10               12

Regional Court        6              11        3             9
                                                                       Withdraw
Supreme Court 1            10        11                                Won
                                                                       Lost
                                                                       Under process          Complaints

                  0       5     10        15       20        25   30   35        40    45      50     55

                           Only one lost process in Latvia’s court
                          and another one in Stockholm arbitration

                                                                                            Source: PUC
Independence level of the PUC:
        relatively high but has to be improved
independence of decision-makers – good;
institutional independence – worse;
supervision problems:
  PUC decisions for third parties;
  involvement in current activities non-
    related to regulation;
  normative initiative: long process, approach of the ME;
financial independence (0,17% of utilities’ turnover + chapter in the
national budget) – insufficient; autonomy problems:
  budgetary autonomy is not implemented in the budgetary law;
  lack of autonomy in spending of the allocated budget;
  lack of adequate financial / human resources;
unachievable for sectoral regulator level of real independence;
necessity of higher level – changes in the Satversme (Constitution);
Strong balanced regulation:
  to keep equal distance from all involved parties
Problems erected by breach of the balance:
 municipal regulators – the major
  weakness of the Latvia’s                       Government
  regulatory system in the past;
  recently eliminated;
 composition principles for                       PUC
  electricity basket –high tariffs,
  court processes;                     Utility                Consumer
 dilatory revaluation of
  Latvenergo infrastructure – low
  quality of services;
                                         Could politically approved
 overdue implementation of              decision makers be experts
  universal service principles –            in regulated sectors?
  debt payments for electricity, gas
  and district heating;                         Yes, could be.
Multi-sectoral model: functional imperfections
inharmonized political and normative environment;
follow-up problems:
  tendency in sectoral ministries: to perform
    regulatory functions and to be shareholder of
    state-owned service providers;
  lack of technological regulatory instruments in
    framework of the PUC;
  regular infringement proceedings against Latvia
    concerning regulatory procedures;
tendency to decrease functionality of the PUC:
  planning of spectrum and numbering;
  setting of cogeneration tariffs;
  reform of railway infrastructure;
SGEI in EU and Latvia: consumers’ evaluation (2010)
  90   Evaluation
                                85,3      85,6                                88,6
             86,8
  85                                        83,4                 81,7       82,9
                      81,1       80,2                  80,7
              79                                                                        77,9
  80   77,3                                                      77,1
                    75,1
                              73,6                                                      74,4
  75                                    72,6        72,6 72,9 71,4
                                                                        70,8         69,9
  70
                       65,4
  65

  60
         Postal     Water     Network    Fixed  Electricity Mobile Railways           Internet
        services    supply      gas   telephony            telephony                  service
       & couriers                                                                    provision
                                EU 27      Latvia       The highest in EU
Ranking of Latvia’s services:
   Fixed telephony – 2                          Internet services – 7
   Railways – 4                                 Post – 10
   Network gas – 6                              Electricity – 13
   Mobile telephony – 6                         Water – 25                           Source: EC
Bo
                  ok
                      s
                  Fi , p e
                     xe ri
                          d od
                            t e ic

                                                  60
                                                              70
                                                                              80
                                                                                                   90
                                le als
                               R
                        Fo ap ho
                                     i                                                        87
                 Cu od lw any
                      ltu - b ys                                                       83,4
                          ra            r
                              l s ead                                                 82,9
                         Ne er
                             tw vic                                                 81,3
                                  or e s
                                      k
                   Po                    ga                                        80,6
                        st                   s
              No           al                                                      80,2
                   n-           s
                      al e rvi
                          ko             c
                             ho es
                                  lic                                         79
                                        be
                                            v.
                 M                                                            78,5
                    ob
                        ile            Fu
                             te            el
                                              s
                                le
             Al                     p  ho                                    77,8
                ko                         ny
                   ho
                       lic                                                  77,1
                            be
                                ve
                                     ra
                  In                     ge
                     te                      s
                         rn
                           et                                              76,2
                                se
                                     rv
                                        ic
                                           es
                             E                                        74,4
                          Fo lec
                              od tric
                                    - m ity
                 Re W C ea t                                        72,9
                     al a t lo t
                          e ser hin                                71,5
                             ta su g
                                 te p
                                       sep ly            66,9
                                                                                                        Services in Latvia: consumers’ evaluation (2010)

                                          rv
                                             .         65,4
Source: EC

                                                       65,2
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