Vodafone 2013 Annual Report Download - page 177

Our operating companies are generally subject to regulation governing
the operation of their business activities. Such regulation typically
takes the form of industry specic law and regulation covering
telecommunications services and general competition (antitrust)
law applicable to all activities.
The following section describes the regulatory frameworks and the
key regulatory developments at the global and regional level and
in selected countries in which we have signicant interests during the
12 months ended 31 March 2013. Many of the regulatory developments
reported in the following section involve ongoing proceedings
or consideration of potential proceedings that have not reached
a conclusion. Accordingly, we are unable to attach a specic level
of nancial risk to our performance from such matters.
European Union (‘EU’)
The European Commission (the ‘Commission’) is reviewing the future
scope and nature of universal service provision in the EU. Current
obligations generally involve the provision of a xed connection
allowing access to voice and simple data services. Vodafone operating
companies contribute to funds to support universal service provisions
in some markets.
Roaming
The current roaming regulation (the ‘roaming regulation’) came into
force in July 2012 and requires mobile operators to supply voice, text
and data roaming services under retail price caps. Wholesale price caps
also apply to voice, text and data roaming services.
The roaming regulation also requires a number of additional measures
which are intended to increase competition in the retail market for
roaming (and thereby facilitate the withdrawal of price caps). These
include a requirement that users be able, from July 2014, to purchase
roaming services from a provider other than their current domestic
provider and to retain the same phone number when roaming.
Call termination
National regulators are required to take utmost account of the
Commission’s existing recommendation on the regulation of xed
and mobile termination rates. This recommendation requires mobile
termination rates (‘MTRs’) to be set using a long run incremental
cost methodology.
At March 2013 the MTRs effective for our subsidiaries within the
EU, which differs from those in our Northern and Central Europe,
and Southern Europe regions, ranged from 3.07 eurocents per minute
(2.59 pence) to 1.27 eurocents per minute (1.07 pence), at the relevant
March 2013 foreign exchange rates.
Fixed network regulation
In July 2012 the Commission announced proposals to adjust
its approach to xed network regulation and issued a draft
recommendation in December 2012. The Commission expects prices
for unbundled copper loops to converge towards the current European
average of around €9 per month and will allow bre wholesale prices to
be unregulated provided certain conditions are met. These conditions
include equivalent or non-discriminatory treatment of competitors,
the effective application of margin squeeze tests and competitive
constraints upon retail bre prices from copper services or other
competitors. The Body of European Communication Regulators
(‘BEREC’) has suggested amendments to the Commission’s draft
recommendation and nal adoption is expected in summer 2013.
Spectrum
In February 2012 the Commission adopted its radio spectrum
policy programme (‘RSPP’), following agreement with the European
Parliament and Council. In September 2012 the Commission published
proposals to promote the increased availability and use of “shared”
spectrum, subject to certain safeguards for existing licensees.
Net neutrality
In November 2012 BEREC published guidelines on net neutrality, which
focused on the need for transparency and quality of service. This follows
a BEREC survey, published in May 2012, which found that voice over
internet protocol (‘VOIP’) blocking was not widespread but was practised
by some mobile operators in some circumstances. The Commission
is expected to issue further guidance in the 2013 calendar year.
Vodafone employs VOIP blocking in some circumstances.
Northern and Central Europe region
Germany
Our current MTR was reduced in December 2012 to 1.85 eurocents
(1.56 pence) per minute, effective until November 2013. From
December 2013 until November 2014 the rate will be 1.79 eurocents
(1.51 pence) per minute. The decision of the national regulator
is preliminary. It was notied to the European Commission who has
launched an investigation under the Article 7 procedures. The national
regulator will have to consider its decision in light of comments received
from the Commission and BEREC.
United Kingdom
Our regulated MTR as at March 2013 was 1.50 pence per minute.
This reduced to 0.85 pence (plus ination adjustment) in April 2013.
The national regulator set a glidepath with annual ination adjustments.
The rate from 1 April 2014 will be 0.67 pence per minute (plus
ination adjustment).
The national regulator agreed to a request from Everything Everywhere
that it be allowed to use its existing 1800 MHz spectrum for long-
term evolution (‘LTE’) services, which were launched at the end
of October 2012.
In February 2013 we acquired 2x10 MHz of 800 MHz spectrum, 2x20
MHz of 2.6 GHz spectrum and 25 MHz of 2.6 GHz unpaired spectrum for
a cost of £803 million. The licences are valid until 2033.
Regulation
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