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Harvard Case - Regulating Broadband in Chile: The Debate Over Open Access

"Regulating Broadband in Chile: The Debate Over Open Access" Harvard business case study is written by Jorge Tarzijan Martabit, Jose Gomez-Ibanez. It deals with the challenges in the field of Economics. The case study is 18 page(s) long and it was first published on : Jan 9, 2012

At Fern Fort University, we recommend that the Chilean government pursue a hybrid approach to regulating broadband access, combining elements of open access with a strong focus on fostering competition and incentivizing private investment. This strategy aims to balance the benefits of open access with the need for sustainable infrastructure development and economic growth.

2. Background

The case study 'Regulating Broadband in Chile: The Debate Over Open Access' explores the Chilean government's struggle to balance the need for affordable and widespread broadband access with the desire to attract private investment in infrastructure development. The case focuses on the debate surrounding open access, a policy that would require incumbent telecom companies to share their infrastructure with competitors.

The main protagonists are:

  • The Chilean government: They face the challenge of balancing conflicting objectives: promoting affordable broadband access for all citizens while ensuring a healthy and competitive telecom market.
  • Incumbent telecom companies: They are concerned about the potential impact of open access on their profitability and investment incentives.
  • New entrants: They see open access as a crucial enabler for their entry into the market, leading to increased competition and lower prices for consumers.
  • Consumers: They are eager for affordable and high-quality broadband access, which is becoming increasingly essential for education, work, and social participation.

3. Analysis of the Case Study

This case study can be analyzed through the lens of Government policy and regulation, Economics, and Strategic planning.

Government policy and regulation: The Chilean government must carefully consider the potential impact of open access on the telecom market. Implementing open access could lead to increased competition and lower prices, but it could also discourage private investment in infrastructure development. The government needs to strike a delicate balance between promoting competition and ensuring long-term investment in the sector.

Economics: The case study highlights the interplay of supply and demand in the broadband market. Open access can increase supply by allowing new entrants to compete, potentially leading to lower prices and increased demand. However, the potential impact on investment and infrastructure development needs to be carefully considered.

Strategic planning: Both incumbent telecom companies and potential new entrants need to develop strategic plans to navigate the changing landscape. Incumbent companies need to consider how to adapt their business models to compete in a more open market. New entrants must develop strategies for entering the market and leveraging open access to gain a foothold.

4. Recommendations

The Chilean government should implement a hybrid approach to regulating broadband access, incorporating the following elements:

  1. Partial Open Access: Mandate open access for specific infrastructure components, such as fiber optic cables in high-density areas, while allowing incumbents to retain control over other parts of the network. This approach balances the benefits of open access with the need to protect incumbent investment.
  2. Incentivize Private Investment: Implement policies that encourage private investment in broadband infrastructure, such as tax breaks, subsidies, and streamlined permitting processes. This can be achieved through targeted investment programs focused on underserved areas and rural communities.
  3. Promote Competition: Foster a competitive market by simplifying entry barriers for new entrants and enforcing antitrust laws to prevent anti-competitive behavior. This can be achieved through regulatory frameworks that promote fair competition and transparency.
  4. Focus on Universal Access: Implement programs to ensure affordable broadband access for all citizens, particularly in underserved areas. This can be achieved through subsidies, public-private partnerships, and community-based initiatives.
  5. Invest in Digital Literacy: Develop programs to enhance digital literacy among citizens, ensuring they can effectively utilize broadband services. This can be achieved through public education campaigns, training programs, and partnerships with educational institutions.

5. Basis of Recommendations

These recommendations are based on the following considerations:

  1. Core competencies and consistency with mission: The Chilean government's mission is to promote economic growth and social well-being. This strategy aligns with that mission by fostering a competitive telecom market, promoting investment in infrastructure, and ensuring affordable broadband access for all citizens.
  2. External customers and internal clients: This strategy addresses the needs of both consumers and businesses by promoting affordable broadband access, encouraging investment in infrastructure, and fostering a competitive market.
  3. Competitors: The strategy acknowledges the need to balance the interests of incumbent telecom companies with the potential benefits of new entrants. It aims to create a level playing field for all players while encouraging innovation and investment.
  4. Attractiveness ' quantitative measures: This strategy is expected to lead to increased investment in broadband infrastructure, lower prices for consumers, and broader access to broadband services. While quantifying the exact impact is difficult, the potential benefits are significant.
  5. Assumptions: The strategy assumes that the Chilean government is committed to promoting a competitive telecom market and ensuring affordable broadband access for all citizens. It also assumes that private investors will respond positively to the incentives offered by the government.

6. Conclusion

By adopting a hybrid approach to regulating broadband access, the Chilean government can achieve a delicate balance between promoting competition, attracting private investment, and ensuring affordable access for all citizens. This strategy has the potential to accelerate economic growth, improve social well-being, and position Chile as a leader in the digital economy.

7. Discussion

Other alternatives not selected include:

  • Full Open Access: This option would require incumbents to share all their infrastructure with competitors, potentially leading to lower prices but also discouraging investment.
  • No Regulation: This option would allow the market to self-regulate, potentially leading to higher prices and limited access in underserved areas.

The risks associated with the hybrid approach include:

  • Limited Investment: Incumbent companies may be hesitant to invest in infrastructure if they are forced to share it with competitors.
  • Lack of Competition: New entrants may face challenges entering the market due to existing barriers and the dominance of incumbent companies.
  • Ineffective Regulation: The government may struggle to effectively regulate the market and ensure fair competition.

The key assumptions of the strategy include:

  • The government's commitment to promoting a competitive telecom market.
  • The willingness of private investors to respond to incentives offered by the government.
  • The ability of the government to effectively regulate the market and prevent anti-competitive behavior.

8. Next Steps

To implement this strategy, the Chilean government should take the following steps:

  • Develop a comprehensive regulatory framework: This framework should clearly define the scope of open access, establish fair pricing mechanisms for infrastructure sharing, and outline incentives for private investment.
  • Establish a dedicated agency: This agency would be responsible for overseeing the implementation of the regulatory framework, monitoring market competition, and resolving disputes between market participants.
  • Launch public awareness campaigns: These campaigns would inform citizens about the benefits of broadband access and educate them on how to utilize these services effectively.
  • Monitor and evaluate the impact of the strategy: Regularly assess the impact of the strategy on prices, investment, and access to broadband services. Adjust the strategy as needed to ensure it remains effective in achieving its objectives.

By taking these steps, the Chilean government can create a thriving broadband market that benefits both consumers and businesses, propelling the country towards a more prosperous and digitally connected future.

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Case Description

In 2011, Chile's Undersecretary of Telecommunications, Jorge Atton, was considering adopting a different policy toward regulating competition in Internet services than previously applied to voice telephony. Atton headed Chile's telecommunications regulatory agency, SUBTEL. For the past two decades, SUBTEL had encouraged the emergence of competition in telephone services in part by forcing the incumbent telephone company to give new entrants to the industry access to its customers. SUBTEL had circulated for public comment consultation document that raised the possibility of imposing "open access" requirements on the providers of broadband Internet services. This case discusses the debate over open access in Chile. This case can be used with the accompanying teaching note (HKS 878). HKS Case Number 1955.0.

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