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The Hungarian Communications Market Developments and ...

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<strong>The</strong> <strong>Hungarian</strong> <strong>Communications</strong> <strong>Market</strong> <strong>Developments</strong> <strong>and</strong> Regulation between 2004 <strong>and</strong> 2008<br />

<strong>The</strong> situation in Hungary is similar, with T-Mobile realising only<br />

a minimal drop in market share (slightly more than one percentage<br />

point) over the past three years. Vodafone having presented dynamic<br />

growth in the first years of its operation cannot, for the time being,<br />

considerably exceed the twenty percent market share. Moreover,<br />

during the last two years, its share has somewhat decreased. Consequently,<br />

the structure of the <strong>Hungarian</strong> market <strong>and</strong> the dynamics<br />

of market shares are very similar to the EU average.<br />

In a European comparison, the prices of <strong>Hungarian</strong> mobile service<br />

providers were significantly lower in nominal terms in 2007 than the<br />

EU average. <strong>Hungarian</strong> service providers are cheaper than the EU<br />

average 34 in the case of the small consumer basket (30 calls, 33 SMS<br />

monthly) by more than ten percent, while in the case of the medium<br />

consumer basket (65 calls, 50 SMS) <strong>and</strong> the large consumer basket<br />

(140 calls, 55 SMS monthly) by twenty percent. This indicates a high<br />

level of competition in the <strong>Hungarian</strong> market <strong>and</strong> makes it unlikely<br />

that regulatory problems will arise in the retail market.<br />

4.4 Regulation of leased line markets<br />

Leased line service is the most frequently used service producing<br />

the highest revenue in the domestic data transmission market. In the<br />

market of leased line services, competition started in the early 90’s,<br />

with alternative service providers appearing in the market already at<br />

that time. However, competition intensified in the second half of the<br />

90’s, with lower <strong>and</strong> lower prices <strong>and</strong> increasingly larger share of<br />

alternative service providers.<br />

Numerous services can be added to retail leased lines, which the<br />

leased line retail service provider provides for customer on the basis<br />

of the leased line service. <strong>The</strong>se output services for instance include<br />

transmission services using ATM (Asynchronous Transfer Mode)<br />

<strong>and</strong> Frame Relay, VPN (Virtual Private Network) services or IP-based<br />

services. <strong>The</strong> conditions of competition in <strong>and</strong> the regulation of the<br />

leased line market may also influence the sale of these added data<br />

transmission services.<br />

<strong>The</strong> growth rate of the different segments of the leased line retail<br />

market varies according to the b<strong>and</strong>width of digital services. <strong>The</strong><br />

market of services with broader b<strong>and</strong>width showed more dynamic<br />

growth in the past years than that of services with smaller<br />

b<strong>and</strong>width. <strong>The</strong> retail sales revenue resulting from services with a<br />

b<strong>and</strong>width of more than 2 Mbit/s has seen a sixfold increase from<br />

2004 to 2007, with a growth of fifty percent in the case of services<br />

with a b<strong>and</strong>width of less than 2 Mbit/s in the same period (although<br />

net revenue was still about three times higher than in the higher<br />

b<strong>and</strong>width segment). By 2007, the sales revenue of the whole retail<br />

market reached HUF 20 billion.<br />

In many cases, service providers providing retail services have<br />

only certain own segments of the claimed leased line. Consequently,<br />

for the provision of leased lines offered, such service providers must<br />

also use leased line trunk or termination segments of other service<br />

providers, to be obtained through wholesale transactions.<br />

<strong>The</strong> leased line trunk segment is a leased line section between<br />

two points of presence of the operator, while the leased line section<br />

exp<strong>and</strong>ing from the network end-point situated at the location of<br />

the subscriber to the nearest point of presence of the other service<br />

provider is called the leased line termination segment. <strong>The</strong> volume of<br />

the service provider sales revenue realised in the wholesale markets<br />

(leased line termination <strong>and</strong> trunk segment) was close to HUF 17<br />

billion in 2007.<br />

<strong>The</strong> competition in the different segments of retail leased line services<br />

is different to some extent. In general, in the case of services<br />

with higher b<strong>and</strong>width (above 2 Mbit/s), alternative service providers<br />

provide their retail services through the rollout of individual networks,<br />

so in this market competition is more intense than in the market of<br />

services with lower b<strong>and</strong>width, where alternative service providers<br />

are often forced to use the wholesale services of the incumbent<br />

service provider.<br />

Regulation of leased line markets<br />

In the first <strong>and</strong> second rounds of market analysis, the Board performed<br />

the analysis of three leased line markets, in accordance with<br />

the relevant Decree of the Ministry of Informatics <strong>and</strong> Telecommunication<br />

(<strong>and</strong> in conformity with the recommendation of the European<br />

Union).<br />

In its decisions of 2005 <strong>and</strong> 2008, the Board identified the trunk<br />

segment market (market 14) as a country-wide market susceptible<br />

to ex-ante regulation <strong>and</strong> established that no service providers with<br />

significant market power could be identified in this market, therefore,<br />

it did not impose any obligations. Also in 2005 <strong>and</strong> 2008, the Board<br />

made decisions as regards the country-wide markets susceptible<br />

to ex-ante regulation of retail (market 7) <strong>and</strong> termination segments<br />

(market 13). <strong>The</strong>n it established that the competition was ineffective<br />

<strong>and</strong> Magyar Telekom had significant market power. In order to<br />

restrict its market power, the Board imposed obligations.<br />

Minimum set of leased lines<br />

<strong>The</strong> analysis of the Board established that in the retail leased line<br />

market it was the SMP service provider that had a network capable<br />

of providing the most extended service. Duplication of this network<br />

in the short term is unrealistic, therefore, there is a risk of the SMP<br />

service provider refusing the provision of services. Taking advantage<br />

of its role as market-leader, the service provider may, in some cases,<br />

provide low quality services for the same prices; consequently, there<br />

is a risk of low-level services <strong>and</strong> quality reduction.<br />

<strong>The</strong> main objectives of the Board was to prevent the SMP service<br />

provider from abusing its market power <strong>and</strong> ensure customers’ access<br />

to an adequate supply <strong>and</strong> quality of leased line retail services.

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