letter to experts in india - springer978-3-8350-9453-6/1.pdf · i am here in india for a short...

Appendix A: Letters to the interviewees requesting an appointment

1. Letter to experts in India

«Title». «First_Name» «Name» «Company» «Street» «PIN» «Country»

New Delhi, xx August 2001

Request for an interview with a doctoral research student from Switzerland

Dear «Title». «First Name» «Last Name»,

I am a doctoral research student in Management at the University of Fribourg in Switzerland, doing my research at the Chair of Prof. Dr. Rudolf Grünig, the Dean of the Department of Economics and Social Sciences of the same university, Director of the International Institute of Management in Telecommunications (IIMT), Fribourg, Switzerland and a visiting professor of strategic management in several international management institutions.

I am here in India for a short period for interviewing few eminent personalities from the Indian telecom industry to get an idea about the present scenario of the Indian telecom market and to write my research more precisely, which will be published on completion.

It would be a great pleasure if I could get the privilege of knowing your opinion on the questions that I have in mind and which I would like to incorporate in my research.

I would be glad if you could grant me the opportunity to meet you on any day according to your convenience between 29th of August and 10th of October 2001 for an interview.

Looking forward to meet you.

Yours sincerely,

Kiruba Levi

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218

2 E-mail to experts other than in India

To: «E-mail address» Subject: Request for an interview with a doctoral research student from Switzerland Dear «Title». «First Name» «Last Name»,

I am a doctoral research student in Management at the University of Fribourg in Switzerland. The topic of my thesis is “Entry strategies of foreign companies in Indian telecommunications market”. I am interested to meet you in person for an interview and discuss few important questions, which would direct my thesis in the right direction.

I would be glad if you could grant me the privilege to meet you in person at the earliest, or kindly fill in the questionnaire attached in case of your unavailability.

Kind regards, Kiruba Levi Enclosed: Questionnaire

Appendix 219

Appendix B: List of interviewees

Name Company Function Place Date Mode Antoine Anden-matten

Swisscom AG

Deputy Head of Participation Management

Bern, Switzerland

7.11.2002 Personal interview

Michel Vetil and Amresh Sood

Alcatel India Limited/ Alcatel International

CEO and General Manager Accounts and Finance

Paris, France/ Delhi, India

14.3.2002 E-mail interview

Niru Mehta Avaya Communi-cations India Limited*/ Tata Avaya

Managing Director

New Delhi, India


Manoj Kohli First Pacific India/ Escotel Mobile Communi-cations Limited

Executive Director & Chief Executive Officer

New Delhi, India


Joseph Samuel

Nortel Networks India Limited

Managing Director

Bangalore, India


Jagdish Kini Bharti Mobile Limited

Chief Executive Officer

Bangalore, India


Dr. Harsha V. Singh

Telecom Regulatory Authority of India (TRAI)

Secretary cum Principal Advisor

New Delhi, India


Narinder Sharma

Mahanagar Telephone Nigam Limited (MTNL)

Chairman & Managing Director

New Delhi, India


Rajneesh Gupta

Videsh Sanchar Nigam Limited (VSNL)

Director (Network) VSNL Board

New Delhi, India


* Then known as Avaya Communications India Limited and rechristened as Avaya GlobalConnect in 2004.

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Appendix C: Questionnaire used for interview

QUESTIONNAIRE

Name of the organization: Name and designation of the interviewee: Date:

Greetings and thanks Brief introduction about self and the thesis Questionnaire

PART I: Introduction

1. The main activities of the organization and the number of employees in the organization.

2. Your current function in the organization and what were your responsibilities prior to this. (Since how long have you been with this company and how many years of experience do you have in the telecom industry)

3. How would you see the telecom situation in India with lot of changes coming in?

4. Where is the Indian telecom market in specific view of the foreign companies in the Indian telecom market?

5. What is the situation of foreign companies coming in India i.e., how do you rate their performance?

PART II: Market entry strategy

6. When did your company enter the India telecom market?

7. What strategy did your company follow to penetrate Indian telecom market explicitly in terms of the services the company offers, service segments, and geographical area?

8. Why and what was the reason for choosing such a strategy?

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9. How did you execute or implement your strategies. Was there any difference between the intended strategy or attainment of goals and the reality?

10. How effective was your strategy. To what extent could you attain your desired goals? In other words how far have you been successful?

11. Could there have been any other strategy, which you would have intended to follow instead of the one that you did?

12. What kind and how much market analysis or research did you do to arrive at your strategy?

13. Where is the Indian telecom industry moving towards or how do you see the future of the Indian telecom industry?

14. What are the chances of your company going to the other markets in Asia?

PART III: Current position

15. What is the current market position of your company? How are the business and the turnover of your company developing in the Indian market?

16. What are your services, market share, customer segments and geographical area of work?

17. How do you rate the current success of your company in terms of ROI, EBIT and free cash flow etc?

PART IV: Final

18. Who do you think is your main competitor or potential competitor in future?

Appendix

222

Appendix D: Consolidated responses of the interviewees

Name of the interviewee: Mr. Antoine Andenmatten Date: 7.11.2002 Company: Swisscom AG Q 1. Swisscom has 20,470 employees with business in telecom products and

services in fixed, cellular, voice and data, and internet. Q 2. Deputy Head of Participation Management of Swisscom. Q 3. Potential market for telecom due to huge population and exploding middle

class, UK law/mentality-so interest can be protected, technically difficult to wire cities like Delhi so cellular services is much easier.

Q 4. Not so much aware of India. But WLL was a topic in 1997 and it is still not ruled out. The competition is big but weak; hence it is almost equal to no competition. Regulators need to be more independent. The frame given by the law should be operated solidly.

Q 5. Refer to Q4. Q 6. In 1996. Q 7. We had a joint venture with the Delhi based Essar group for providing

cellular services in Delhi. Q 8. The was because at that time we were not allowed to have more than 49%

of share holding, hence a joint venture was one of the best strategies. Q 9. Yes there were differences. Q 10. Initially it was fine but not in the long run, which forced us to move out of

India. Q 11. The other possibilities were to establish retail chains or to have a nucleus of

sales channel but this is very difficult task or nearly mission impossible. Q 12. A complete and thorough business case analysis on Indian market was done

with the help of different international consulting group before entering the Indian market.

Q 13. Refer to Q4. Q 14. Not answered. Q 15. India was a difficult market. Results were not met. Overestimation of

number of potential subscribers. Q 16. Not answered. Q 17. We want to be the biggest of the small and not smallest of the big. To be a

global market operator is not our target. We want to be number one in excellence in our operations.

Q 18. Not answered.

Appendix 223

Name of the interviewee: Mr. Michel Vetil and Mr. Amresh Sood Date: 14.03.2002 Company: Alcatel India Limited and Alcatel International Q 1. 1980, single largest supplier of digital switching in India, has 800

employees in India and 76,000 all over the world. Q 2. CEO and General Manager Accounts and Finance along with Vice President

marketing of Alcatel India. Q 3. With government liberalizing the telecom sector in the last seven years,

telecom reforms have transformed the telecom business in India radically. The government has initiated major changes in providing telecom facilities; cellular services, national & international long distance have been opened up for private operators. In short, competition has increased service quality, brought down price levels and has given options to the consumer. These reforms are irreversible and would ensure that Indian telecom market will benefit from the latest technology and services.

Q 4. The Indian telecom market today can compare itself with the market elsewhere in the world. With continuous reforms and competition, prices have come down and price sensitivities have led to increased number of subscribers and improved teledensity.

Q 5. Over the last seven years there have been a mixed experience of foreign telecom companies and their association with local operators. We have seen that quite a few of them have quit India whereas there has been substantial interest from few who want to be closely associated with the Indian telecom market. In recent times, an increased association of Singtel and Qualcomm with the telecom projects in India has been observed.

Q 6. 1982. Q 7. Alcatel was very aggressive in Indian telecom market from the very

beginning. Alcatel introduced the right products in India and ensured that it worked very closely with the customers for their requirements, both technically & commercially. Alcatel also has a local manufacturing unit, which was a must for providing products for the Government PTT.

Q 8. In the initial stages of growth in the telecom sector in India, the Government PTT was the major buyer and as per purchase practices adopted by them, they confined their purchase to Indian rupees of locally manufactured products. This gave us a major market share in Indian market for switching product.

Q 9. Refer to 6 to 8. Q 10. Same as Q8. Q 11. No. Q 12. We have been keeping very close watch in tracking the market and

activity of our competitors. In addition, we have also tried to understand the purchase pattern and requirements of the private operators both technically and commercially so that we can give them the “best match” offerings.

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Q 13. Indian telecom industry presently is at cross roads and is bound to expand with specific emphasis on mobile telephony. In short, the industry has still a long way to go but has a bright future.

Q 14. Not answered. Q 15. Not answered for confidentiality reasons. Q 16. 50% market share. Q 17. Not answered for confidentiality reasons. Q 18. Cisco, Lucent, Nortel Networks.

Appendix 225

Name of the interviewee: Mr. Niru Mehta Date: 24.09.2001 Company: Avaya Communications India Limited*/ Tata Avaya Limited Q 1. Global leader in enterprise communication equipment. Operates in 90

different countries and supplies to 90% of the fortune 500 companies, 500 employees.

Q 2. Managing Director of Avaya India and the Vice President of Tata Telecom since 1997. Prior to this worked in AT&T and Lucent for 23 years in United States of America.

Q 3. There are more opportunities and larger market. Q 4. Encouraging market opportunities for foreign investors. India is on top of

the outsourcing destination list with benefits of location, skilled labor force, and more.

Q 5. Lot of things are happening and the question is to how to put everything together because of the complexity and newness. To leap frog, basic business models have to be developed and not just technology to go further.

Q 6. 2000. Q 7. Joint venture with a strong local name which has services through out the

country. Q 8. Our domestic joint venture partner was also in Enterprise Communication. Q 9. Our expectation was much higher, we had the first 18 months as the

timeframe. We employed a strategy that gives you ability to play in the market and flexible allowing you to grow as the market grows.

Q 10. Very well, but there were some deviations partly because of government, infrastructure, bank, band width, domestic long distance network, data network pricing etc.

Q 11. Started with alternation strategy, which was quite successful without any conflict in management.

Q 12. Market research not valid in India, same data, source is so unscientific, not worth spending lot of time and money as market is likely to go and could be longer or shorter than expected.

Q 13. Refer to Q5. Q 14. Not applicable. Q 15. Well, growing rapidly at 34%. Q 16. 40% market share, cover the whole range of enterprise communication. Q 17. Presently very healthy situation and world class performance. Two years

back it was very bad and negative. Q 18. Cisco, Nortel Networks in call center business, Siemens in basic telephony. * Then known as Avaya Communications India Limited and rechristened as Avaya GlobalConnect in 2004.

Appendix

226

Name of the interviewee: Mr. Manoj Kohli Date: 24.09.2001 Company: First Pacific India Limited/ Escotel Mobile Communications Limited Q 1. Cellular services, 700 employees in India. Q 2. Chief Executive Officer of Escotel which is a joint venture between the

Escorts group in India and First Pacific of Hong Kong for last 5 years, prior to this in DCM for 17 years and Allied Signal for 2 years.

Q 3. Indian telecom is at the threshold of exponential growth for nearly a decade, since the liberalization in 1991. There is rise in teledensity and number of cellular subscribers.

Q 4. Foreign companies need patience in the context of government and to grow in a scattered market like India.

Q 5. The attitude of foreign companies in India is very poor. Most of them enter India without any real understanding of the Indian market. They rely more on the opinion of the consultants, expatriates which often leads them to a wrong mind-set and business values. Most of them such as AT&T, Hutchison and Swisscom had wasted a lot of resources acquiring new properties.

Q 6. In 1995. Q 7. We entered the Indian market through a joint venture with the native

Escorts group. Our target group is the common man that is the small and medium businessman, which is a huge population in India. We operate in 7 big states in India. The state of Kerala where we operate is the 3rd biggest market for cellular operation next to Delhi and Mumbai.

Q 8. We adopted this strategy because it is a long-term strategy. Immediately after our launch we came down to specifics.

Q 9. We implemented our strategies quite effectively. Through our club Royale we gathered all the small and medium businessmen.

Q 10. Strategy was good but we could not achieve our goals fully because of company reason and market reason. The regulatory mechanism of DoT was not good hence more than focusing on market development our concentration was on fighting DoT.

Q 11. Our strategy and market was right but we had to hold back the investment because of DoT’s behavior.

Q 12. Huge amount of research was done. However, market research alone is not sufficient it has to be mixed with market experience and personal insight.

Q 13. India is a potential market for both cellular services and fixed service. Both are growing rapidly and by 2010 cellular will overtake the fixed service.

Q 14. India surely has a much bigger market abroad too. Q 15. We are the market leader in 3 of the states we are operating in. They are

Kerala (65%), Haryana (90%) and U.P. West (100%). Our turnover is growing by 100% every year.

Q 16. Refer Q15.

Appendix 227

Q 17. EBITDA positive within three years of commencement of operation in all three circles. EBITDA average of 45%.

Q 18. Today the real job is to build the market, convince the potential customer. Real competition would start in 5 years. Our competitors are Singtel Tel and Airtel. However, collaboration and competition is needed to widen the market. For example in the operation of Escotel, it is the finance (equity of 49%) and good practices that come from First Pacific.

Appendix

228

Name of the interviewee: Mr. Joseph Samuel Date: 20.09.2001 Company: Nortel Networks India Limited Q 1. We are in the business of providing telecommunication equipments and

solutions to the telecom operators. We also provide e-business solutions and networking solutions to the enterprise segment. 80,000 employees.

Q 2. I am in charge of Indian operations of Nortel Networks. Q 3. With the opening up of the telecom sector, India’s telecom infrastructure is

bound to grow. Many incumbent and emerging carriers are investing heavily in laying the basic infrastructure to support network operations, and these backbone infrastructure will grow exponentially as competition to provide basic telephony services begins in what was formerly a heavily protected market sector. With the passing of NTP 1999 bill on convergence, a total outlay of USD 18 billion (INR. 820 billion) is envisaged over the next couple of years. And since Government has liberalized the types of technologies that can be incorporated, there has been a phenomenal response from market players looking to provide value-added services to their subscribers. The range of available subscriber services calls for dramatic change in the way incumbent and emerging carrier networks choose their equipment. In the telecommunications infrastructure sector, there has been a trend for telecommunications companies to ask for more reliable, scalable and integrated core network equipment. As existing basic telephony technologies move away from 2G to 2.5G and to 3G in the near future, India’s telecommunications companies cannot afford not to set up new-generation, scalable and end-to-end networks.

Q 4. The Asian subcontinent as a whole is seen as a huge market by all players in this segment. India is perceived to be one of the largest markets in Asia after Japan and China. The Indian telecom sector would witness a huge amount of capital spending in the next few years.

Q 5. The telecom equipment manufacturers and solutions providers that operate in India are doing very well. This is because of the fact that the telecom sector in India is going through a boom period. This is because this sector has been thrown open to private participation and a lot of private companies are looking at setting up networks in India. This represents a huge opportunity for telecom equipment manufacturers to provide them with the network equipment and solutions.

Q 6. 1998. Q 7. India part of its worldwide strategy. It had a two-way approach- the

enterprise market and the service provider market. Q 8. Did not want to miss the opportunity in India. Q 9. Need to be more aggressive. Q 10. Refer to Q9. Q 11. No

Appendix 229

Q 12. Not answered. Q 13. India an important market. Q 14. Already operating. Q 15. Turnover of USD 66.5 million in 2000-01. Q 16. We supply the entire range of telecommunications networking equipment

along with a host of other allied services meant for telecom operators and enterprise segment. We provide end-end networking solutions to our customers.

Q 17. Refer to Q15. Q 18. There are many players in this space. But our major competitors are Nokia,

Alcatel, Cisco Systems, Motorola etc.

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230

Name of the interviewee: Dr. Harsh V. Singh Date: 27.08.2001 Company: Telecom Regulatory Authority of India (TRAI) Q 1. Regulation of the telecom industry. Q 2. Since June 1997 as Economic Advisor, prior to that in WTO in Geneva as a

Counselor to the Director General in basic telecommunication negotiation. Q 3. The National Telecom Policy of 1999 has changed the vision of the

government to corporatization, universal service obligation etc. Q 4. The limit on extent of foreign participation is 49% in few segments. Example

Cellular. Q 5. Disinvestments and corporatization taking place in India and the rate of

growth of lines is 20% per annum. Q 6. Not applicable. Q 7. Not applicable. Q 8. Not applicable. Q 9. Not applicable. Q 10. Not applicable. Q 11. Not applicable. Q 12. Not applicable. Q 13. Expanding rapidly specially in the cellular and basic services Q 14. Pretty good. Buying parts of existing companies and establishing new

companies. For example disinvestments in Bangladesh. Q 15. Not applicable. Q 16. Not applicable. Q 17. Not applicable. Q 18. Not applicable.

Appendix 231

Name of the interviewee: Mr. Narendra Sharma Date: 24.08.2001 Company: Mahanagar Telephone Nigam Limited (MTNL) Q 1. Provides basic telecom services in the metropolitan cities of Delhi and

Mumbai. 61,000 employees. Q 2. Chairman and Managing Director of the organization. Q 3. Transition from monopoly to open market entry. Incumbent operator in all

the businesses. Unlimited players in basic services and long distance but limited in cellular services. In cellular only 4 operators per state is allowed. Interconnect agreement in basic service sector is not yet in place. Resolution to a number of issues is required.

Q 4. With the establishment of strong regulators and dispute settlement authorities, there is level play in the market. So foreign companies should be able to come and invest.

Q 5. Open market, introducing state-of-art technology, tremendous potential for growth.

Q 6. Not applicable. Q 7. Not applicable. Q 8. Not applicable. Q 9. Not applicable. Q 10. Not applicable. Q 11. Not applicable. Q 12. Not applicable. Q 13. The tele-density is very low (3.5%). It is projected to increase to 10% by

2007, so a lot of investment in the telecom industry is taking place and the growth is projected to be very fast.

Q 14. License has been issued to a joint venture of MTNL, VSNL, TCIL for WLL services in Nepal, a bid for 51% stake in Malawi is also on the way.

Q 15. Not applicable. Q 16. Not applicable. Q 17. Not applicable. Q 18. Not applicable.

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Name of the interviewee: Mr. Rajneesh Gupta Date: 23.08.2001 Company: Videsh Sanchar Nigam Limited (VSNL) Q 1. VSNL provides International Long Distance Service and has 2000

employees. Q 2. Serving in the board of VSNL since 1991, prior to that in DoT, 1970 Indian

Telecom service. Q 3. Earlier only government was providing certain infrastructures, government

was struggling with questions such as at what point of time should it open up, if opening up for basic infrastructure is sufficient etc. As over delay opening up has no meaning and the basic social goals to countrymen took the priority. Now opening up is taking place. A strong regulator is being set up to see what extent and tariff, level of playing should be allowed. The rules are such that any outsider must have a fair deal whatever the market be. Private sector participation encouraged. The dispute settlement machinery is amicable and fast. The level of confidence of the players is rising and there is a better flow.

Q 4. The foreign companies see India as a big commerce center. FDI is encouraged even up to 100% in some segments.

Q 5. India is currently a big playing field in South Asia and is a huge emerging economy.

Q 6. Not applicable. Q 7. Not applicable. Q 8. Not applicable. Q 9. Not applicable. Q 10. Not applicable. Q 11. Not applicable. Q 12. Not applicable. Q 13. Lot of competition in telecom market. For example, 400 ISP licenses are

issued but less than 90 are operating. Refer to Q5. Q 14. Main target abroad is South Asia and Africa. Already present in Nepal,

Mauritius and Kenya. Q 15. Not applicable. Q 16. Not applicable. Q 17. Not applicable. Q 18. Not applicable.

Appendix 233

Appendix E: Data sheets

Turnover of Escotel

23

63

39

1999-2000 2000-2001 2001-2002

USD million

Source: Voice and Data, July 2002

67%

62%

Appendix

234

Half-Year Highlights of First Pacific Group

Financial Summary Six months ended 30 June US$ millions

2003 2002 Change

Turnover 1,008.7 899.1 +12.2% Contribution from operations 43.1 25.4 +69.7% Recurring profit 34.8 15.6 +123.1% Foreign exchange gains 1.9 11.2 -83.0% Profit attributable to ordinary shareholders 36.7 26.8 +36.9%

US$ millions At 30 June 2003

At 30 December

2002

Change

Net current assets 235.6 20.6 +1,043.7% Total assets 2,066.9 2,313.1 -10.6% Net debt 869.8 1,062.7 -18.2% Shareholders’ deficit (20.8) (71.2) -70.8% Net assets* 312.3 352.9 -11.5%

Per share data Six months ended 30 June US cents

2003 2002 Change

Recurring profit 1.09 0.50 +118.0% Basic earnings 1.15 0.85 +35.3%

Financial ratio Times

At 30 June 2003

At 30 December

2002

Change

Gearing ratio** - Consolidated 2.79 3.01 -7.3% - Company 0.09 0.15 -40.0% * Equivalent to the sum of shareholders’ deficit and outside interests. ** Calculated as net debt divided by net assets

Source: First Pacific company Limited, Interim report 2003, p. 2.

Appendix 235

Performance in local currency of First Pacific group

Source: Interim results, First Pacific Company, Appendix D, 3 September 2001, p.13. Value of Assets of First Pacific Group

Source: Interim results, First Pacific Company, Appendix H, 3 September 2001, p.17.

(1) Value based on quoted share price at 31 August (2) Investment cost

Appendix

236

Monopoly of Swiss PTT in Switzerland

…………The most serious barriers to U.S. exports exist in the domain of telecommunications. The Swiss PTT controls the public network and all services related to voice transmission. Satellite communication requires licensing by the PTT, and telecommunication equipment has to be approved by the Federal Office of Telecommunication (separate from the PTT). The Swiss PTT has the possibility to take stakes in private companies operating in the domain of Value Added Network Services (VANS), which have been liberalized, whereas the private sector has no access to markets controlled by the PTT…………

Source: U.S. department of state, Switzerland: 1994 country report on economic policy and trade practices, Bureau of economic and business affairs

Swisscom’s stake in Mutiara, Malaysia

Withdrawal from Asia- In Malaysia, Swisscom holds 30% of DiGi-Swisscom-Berhad (formerly Mutiara-Swisscom). DiGi has licenses for the operation of a national digital mobile network (GSM 1800), a fixed network, an international gateway, VSAT and data network services in Malaysia. By the end of 1998, DiGi had 310,000 customers but currently faces a difficult market situation due to the financial crisis in Asia.

Source: Swisscom Annual Report 1998, p. 32.

Appendix 237

Swisscom’s stake in Sterling Cellular Limited of India – I

In New Delhi, a metropolis with a population of 12 million, a GSM mobile network is being developed under Swisscom management.

Sterling Cellular Limited, New Delhi, India- In 1996 Swisscom acquired strategic interest of 32.5% in Sterling Cellular. A state-of-the-art GSM cellular network is now being set up under Swisscom’s guidance in New Delhi, a city with a population of twelve million. The products and services are marketed under the “Essar Cellphone” brand. Sterling Cellular’s subsidiary Aircel Digilink holds licences for the Haryana, Rajasthan and Uttar Pradesh East regions, covering the northern part of India with a network that is able to offer telephone services to a population of more than170 million people. At the end of 1997 there were around 125,000 customers in the four regions. All the cellular networks have now been commissioned and are operational. In the spring of 1998 the Delhi network acquired its third exchange. The network boasts 129 base stations which receive and transmit voice and data signals not only for the company’s own customers, but also for those of other operators who have a roaming agreement with Sterling.

Source: Swisscom Annual Report 1997, p. 36. Swisscom’s stake in Sterling Cellular Limited of India - II

Swisscom has held a 32.5% interest in Sterling Cellular in India since 1996. The Sterling subsidiary Aircel Digilink, in which Swisscom has an additional direct investment of 10%, has licenses for the Harvana, Rajasthan and Uttar Pradesh East regions, covering the northern part of India with a mobile network. Regulatory restrictions by the Indian government, in particular the high level of license fees, made it impossible to extend the market position in India during the year under review. Swisscom recorded high losses in its participations in the mobile network operators in India and Malaysia in 1998. As a consequence of the focusing of international activities and following detailed critical analysis of various options, in March 1999 Swisscom decided to withdraw from the participations in Malaysia and India.

Source: Swisscom Annual Report 1998, p. 33.

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Swisscom’s stake in Sterling Cellular Limited of India – III

DiGi Swisscom in Malaysia. Swisscom holds a 30% interest in DiGi Swisscom Bhd. (“DiGi Swisscom”), formerly known as Mutiara Swisscom Bhd. DiGi Swisscom is a holding company, listed on the Kuala Lumpur stock exchange, that owns all of the share capital of DiGi Telecommunications Sdn. Bhd. (“DiGi”), formerly known as Mutiaria Telecommunications Sdn. Bhd., a full-service telecommunications provider in Malaysia whose core business is mobile telephony. Swisscom made an initial investment of CHF 357 million in July 1996 to acquire its interest in DiGi Swisscom and in October 1997 invested an additional MYR 71.6 million (CHF 35.8 million) in order to maintain its percentage shareholding following DiGi Swisscom’s initial public offering.

As has happened throughout the mobile telephony business in Malaysia, the Asian economic crisis has resulted in slower subscriber growth and increased bad debt expense in DiGi’s core mobile telephony business. The effect of the economic recession on DiGi’s mobile business has been somewhat offset by the success of its prepaid cellular service, which is based on Swisscom’s proprietary SICAP platform, and by DiGi’s international traffic termination and hubbing activities, through which it earns foreign currency income. Nevertheless, DiGi had a net loss for the year ended December 31, 1998 of MYR 368 million (CHF 133 million), which exceeds the amount recorded by Swisscom as an impairment of DiGi’s net assets and associated goodwill and the costs expected to be incurred to exit the business, and revenues of MYR 468.3 million (CHF 169 million).

Due to the decline in operations, Swisscom decided to withdraw from the Malaysian market in March 1999 and recorded a charge to write-off the remaining portion of its investment in DiGi, having concluded that its investment in DiGi was impaired. In addition, Swisscom also provided for anticipated exit costs which it expects to incur in connection with the planned disposition of its interest. In early May 1999, Swisscom entered into a preliminary agreement with one of the other shareholders in DiGi in order to facilitate the sale of Swisscom’s holdings. Due to the imposition of capital and currency controls in Malaysia in September 1998, it is uncertain whether or when Swisscom will be able to repatriate proceeds, if any, of the planned sale of its stake in DiGi.

Sterling Cellular in India. Swisscom owns 32.51% of the issued share capital of Sterling Cellular Limited, an Indian company licensed to provide mobile services in the metropolitan area of New Delhi. Swisscom’s joint venture partner in India, Essar TeleHoldings Ltd. (“Essar”), currently holds 51.05% of Sterling Cellular Limited. Sterling Cellular Limited in turn owns an 80% interest in Aircel Digilink India Ltd. (“Aircel Digilink” and, together with Sterling Cellular Limited, “Sterling Cellular”) which is fully consolidated in the consolidated financial statements of Sterling Cellular Limited. Swisscom also owns a direct 10% interest in Aircel Digilink with the remaining 10% owned by Essar. Aircel Digilink holds licenses for three regions in Northern India: Haryana, Uttar Pradesh (East) and Rajasthan. Each such mobile license area and Delhi has two private mobile operators. In the aggregate Sterling Cellular holds licenses covering a larger population in northern India than any other mobile services provider. These licenses permit Sterling Cellular to carry intra-regional long-distance traffic but do not allow it to carry inter-regional or international traffic. Swisscom acquired its initial

Appendix 239

interest in Sterling Cellular in the first quarter of 1996 with an investment of CHF 252 million.

Sterling Cellular’s financial position and liquidity is extremely weak. A recapitalization proposed by Swisscom, pursuant to which Swisscom would have acquired additional equity in the company, collapsed due to a failure to obtain certain regulatory approvals relating to limitations on the foreign ownership of telecommunications licensees, and, more generally, to continued regulatory uncertainty within the Indian cellular industry. For the year ended December 31, 1998, Sterling Cellular had consolidated revenues of Rs 1,921 million (CHF 63 million), incurring a net loss of Rs 3,088 million (CHF 101 million), excluding the amount recorded by Swisscom related to an impairment of Sterling’s net assets and associated goodwill and the costs expected to be incurred to exit the business.

As in the case of Malaysia, as a result of the decline in operations, Swisscom decided to withdraw from the Indian market in March 1999 and has written down the book value of its investment in Sterling Cellular. Swisscom has also made provisions for its anticipated exit costs. Swisscom had previously issued guarantees which remain outstanding in support of equipment purchases made by Sterling Cellular from Siemens AG and for amounts owed by Sterling Cellular to certain banks, totaling US$36.5 million (CHF 51 million) and Rs. 231 million (CHF 7.7 million). Swisscom has entered into a preliminary agreement to sell its stake in Sterling Cellular.

Source: Swisscom Form 20F 1998, p. 35.

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Swiss PTT demanding more say in the management and equity

MUMBAI, 1998 January 18: Swiss PTT, the Zurich-based telecom company, is demanding more say in the management and equity in its joint venture with the Essar group, Sterling Cellular, and offered to the Ruias to increase their stake in the company to 51 per cent. Sterling Cellular is the operator of New Delhi cellular service. Sources say the Essar group would be a minority partner in the telecom venture where the Swiss telecom giant is already having a 32 per cent stake. Though the Indian government norms bar foreign companies to have a majority control in the private telephone network, sources say till the regulations do not change, Swiss PTT will officially have a 49 per cent stake. Due to the liquidity crunch, Essar was in talks with the Swiss PTT since the last few months. Sources say a deal would be signed soon by both the companies. With the fund infusion from Swiss PTT, Essar would be able to invest more on its basic telephone network coming up in Punjab. The Ruias had taken over Sterling Computers, the holding company of Sterling Cellular, from the Chennai-based C Sivasankaran. At the time of takeover, Sterling Computers had already bagged the license to operate the cellular phone network in New Delhi. Sources say Swiss PTT wanted a greater say in the management of the Delhi cellular phone network, and inject more funds to expand operations. The Swiss company also offered to invest funds into the joint venture which was to be equal to Essar contribution. When contacted, Essar director, Prashant Ruia, denied any move by Swiss PTT to increase its stake in the joint venture. At present, Essar holds 51 per cent in Sterling Cellular, Swiss PTT holds 32 per cent and C Sivasankaran holds the remaining portion in the operating company of 17 per cent. Essar's 51 per cent stake in Sterling Cellular is routed through the holding company, in which Essar Investments holds over 90 per cent. Company insiders say Swiss PTT was keen to have a bigger say in the Delhi's cellular operations, and, therefore, was keen on a higher stake. Swiss PTT already plays the majority role in the running of the cellular services company as its nominees hold the key positions of CEO, chief operating officer, head-marketing and chief financial officer. Swiss PTT is also looking at the possibility to pick up the Sivasankaran's stake of 17 per cent in Sterling Cellular. In future, Swiss PTT is also interested in picking up a higher stake in Sterling Computers, the holding company of Sterling Cellular. The Ruias have received approval from the Foreign Promotion Investment Board (FIPB) in December last year to offload a 24 per cent stake in Sterling Computers to three overseas bodies: Asia Pacific Bonds, Asia Pacific Alliance and Asia Pacific Markets, the special purpose vehicles, from which Swiss PTT will buy its stake. Source: Indian Express Newspapers (Bombay) Ltd., 19 January 1998, “Swiss PTT Swiss PTT plans to hike stake in Sterling Cellular” by Dev Chatterjee, http://www.expressindia.com /ie/daily/19980119/01950094.html.

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Slow down of Swiss PTT’s work in India

………………….Having received Letters of Intent (LoIs) from the Department of Telecommunications (DoT) as long as five months ago, the licensees-in-waiting - whose foreign partners include Israel's Bezeq, Hughes, NYNEX, Bell Canada, Japan's NTT and Swiss PTT - have been unable to act upon their licences as uncertainty remains over the actual signing. The government blames procedural delays. Both the licence agreement and the interconnect agreement, which governs access between the competing networks of private companies and the DoT, are being vetted by the Law Ministry. The Law Ministry is reputed to work slowly, but it also provides a convenient excuse for government departments that wish to stall for any reason. Even if legal clearance is received soon, the agreements are not likely to be signed before the middle of this month - by which time a new government will be in the process of forming………………….

Source: The Indian Technomist, 2 May 1996, “India's general elections slow telecom reform” by Rishab Aiyer Ghosh, http://dxm.org/techonomist/02may96.html. Swiss PTT quit Indian telecom market ………… The world’s biggest names came into our telecom sector, but today all but a few have quit. British telecom has sold out to Bharti. Telstra of Australia, Bezeq of Israel, Shinwatra of Thailand, have all have pulled out. Nynex has sold out to its partner Reliance. Others who have exited are Vodafone, Bell South, Bell Canada, US West and Swiss PTT. The few remaining foreign investors in telecom include Hutchison, Singtel, and AT&T. Unlike power, telecom is generally considered a successful sector, yet foreigners have left in droves. Why? First, investors grossly overestimated. Second, bickering between the telecom regulatory authority and department of telecommunications created uncertainties on the interpretation and enforcement of rules. Third, the rules themselves keep changing. In one case this benefited foreign investors: they were allowed to migrate from an unviable licence fee system to a revenue-sharing system. But in general, foreigners are not used to and cannot manage constant changes in rules, unlike Indian businessmen enjoying decades of experience with a capricious licence-permit raj. Often Indian telecom partners have bought out foreigners. This contradicts the traditional wisdom that joint ventures end with foreigners swallowing Indians (something that has indeed happened in other sectors, mainly because Indian partners could not produce enough capital to meet rising losses). The quit India movement of foreign investors is not limited to power and telecom…………..

Source: The Times of India, 4 November 2001, “What makes MNC quit India” by Swaminomics/Swaminathan S Anklesaria Aiyar http://timesofindia.indiatimes.com/articleshow/1602986123.cms, http://timesofindia.indiatimes.com/columnists/msid-12071824,auid-7863.cms.

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Management control of the Indian operation by Swiss PTT

It appears that the bottom has fallen out of the cellular market in India! At the end of December 1997, there were nearly 800,000 mobile phone users through-out the country (see Table 1), and the number of new connections was growing at an impressive 60,000 new subscribers every month-arguable one of the fastest growth rates experienced anywhere in the world. Cellular operators should have been exuberant!

Why, then, would a relatively successful cellphone operator-Hutchison-Max-sell its interests to a foreign partner? Why would Essar hand over management control to Swiss-PTT? Why would JT Mobile sell its Punjab operations to Essar so cheaply? And why is Koshika so desperate to find a buyer? HFCL has already reduced its stake in Fascel-one of the operators in lucrative Maharashtra-to the mandatory 10% and is planning to sell all its shares in the near future. HHS Communications pulled out of Tamil Nadu as soon as it got in. Also on the auction block are stakes in cellular companies from the BPL and B K Modi stable, Skycell Communications, and Hexacomm, say sources. Even the big guys like Reliance and Tata are struggling.

Why indeed! Things turned nightmarish almost from the beginning when cellular operators realized that their pr ojections for subscriber growth (see Table 2) and airtime usage were simply unrealistic. In fact, the miscalculation of average airtime usage is the primary reason for their current financial difficulties. Additionally, operators expected revenues of $62.50 per month per subscriber! Failure to meet these expectations…..

Source: New Telecom Quarterly, Third Quarterly 1998, Volume 6, Number 3, pp. 3-9. “Tough times for India’s cellular carriers” by V. R. Shailaja.

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Alcatel in India

Alcatel’s initial presence in India was through a partnership with Indian Telephone Industries (I.T.I. Ltd.) forged in the early 1980s. This partnership was renewed in 1991 and 1999 to incorporate technological changes in line with the trends in the industry. In 1991, Alcatel created a joint venture with an Indian partner, buying back its shares in 2000; Alcatel now has a fully owned subsidiary, Alcatel India Ltd, which offers the complete suite of telecom solutions and services to meet the needs of this challenging market.

Alcatel has invested heavily in India in terms of infrastructure and human resources. It operates a manufacturing facility in Gurgaon, near Delhi, an enterprise-business organization in Bangalore, and software centers in Bangalore, Chennai and Gurgaon. This accounts for 800 employees. Beyond this, approximately 2,000 Indian software engineers contribute to Alcatel’s worldwide high tech development program through subcontracting agreements.

Alcatel has emerged as the single largest supplier of digital switching in India with 50% marketshare achieved through manufacturing by I.T.I. Ltd. since 1982 and that of its own since 1993. Alcatel supplied the first national packet switched data network, I-NET II, for BSNL (the recently corporatized part of the Indian Department of Telecommunications). In transmission, Alcatel has 29% of the digital microwave market and will be the first supplier of DWDM to BSNL. Alcatel will also supply the submarine fiber optic link between Singapore and India to Bharti-SingTel joint-venture (see “Letter From”). In GSM, Alcatel provides complete infrastructure for cellular networks. Through a recent acquisition, Alcatel holds a leading position in the broadband and narrowband multiservice platform market. It has a market share of 66% for multiplexers and 42% for ATM/Frame Relay. With over 1,500 nodes installed, Alcatel has references with major public operators, utilities, banks, administrations and software companies. Among them: BSNL as previously mentioned; MTNL, India’s public operator for the cities of Delhi and Mumbai; VSNL, the soon to be privatized international voice/data service provider owned by the Government of India.

In the private operators market, Alcatel is working with Bharti Enterprises, Reliance Telecom, Birla AT&T, and Himachal Futuristics Corporation Limited (HFCL). Additionally, major software exporters like Wipro, Satyam and Tata Consultancy Services use Alcatel solutions in their networks.

Source: Newslink, 2nd Quarter 2001, Vol. 9, No. 2, pp. 20-22. “Alcatel in India” by Purnima Mohanty.

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Tata Telecom rechristened Avaya GlobalConnect -I

Tata Telecom Ltd, the communication equipment solutions provider in India, has been renamed as Avaya Global Connect Ltd.

Avaya Inc recently acquired 59.1 per cent stake in Tata Telecom including Tatas' 50.6 per cent in Tata Telecom.

The name change is subject to shareholder and regulatory approvals, the company said in a statement. With the formalization of the launch of Avaya’s new subsidiary, the company will gain 500 additional employees in India. Avaya Global Connect, meanwhile, will continue to provide end-to-end converged communication solutions with support from its Avaya India Development Centre located in Pune and Avaya Labs in the Asia-Pacific, the company said.

Through Avaya GlobalConnect, the company plans to address the Australian and the Asia-Pacific market.

Source: Digital Media Asia, 29 September 2004, “Tata Telecom rechristened Avaya GlobalConnect” by Parthajit Bhattacharyya, http://www.digitalmediaasia.com/default.asp?ArticleID=3486.

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Tata Telecom rechristened as Avaya GlobalConnect - II

NEW DELHI -- Tata Telecom Ltd, a leading converged communication solutions provider for enterprises in India, recently reconstituted its board of directors and subsequently approved the proposal to rechristen the company as Avaya GlobalConnect Ltd., subject to shareholder and regulatory approvals.

The new board will comprise eight distinguished business professionals namely, Mark Leigh (President, Avaya Asia Pacific), Niru Mehta (Vice Chairman, Tata Telecom), David P. Johnson (Group Vice President, Small & Medium Business Solutions, Avaya), Francis M. Scricco (Group Vice President, Avaya Global Services), Amar Pai (Vice President, Finance Operations and Corporate Controller, Avaya), S. Ramakrishnan (MD, Tata Teleservices), Pradeep Mallick (Adviser and mentor to several companies) and C. B. Bhave (MD, National Securities Depository Ltd.). The newly appointed board also elected Mark Leigh as the new Chairman of the rechristened entity, Avaya GlobalConnect. The transaction between the Tatas and Avaya has been completed and the Board has taken note of the same.

Mark Leigh, President, Avaya Asia Pacific, said: "India is fast becoming a force to reckon with in the global markets. Over the years, the company has exhibited a 26 percent CAGR and will continue to maintain a 22-25 percent CAGR in the years to come. I am confident that together, Avaya GlobalConnect and Avaya will deliver superior value proposition for all stakeholders."

Niru Mehta, Vice chairman, Tata Telecom, added: "One of our key differentiators for consistent growth and market leadership has been our driving force - winning through customer responsiveness. We will continue to leverage on our strengths and focus on customer responsiveness for further consolidation of our leadership position in our chosen markets. In addition, we remain focused on exploring future growth opportunities by leveraging on our capabilities for faster growth and further strengthening of our end-to-end offering."

The Avaya India Development Center located in Pune collaborates with Avaya Labs in the Asia Pacific and around the world for R&D in converged solutions, customer relationship management and unified communications solutions, as well as consulting and integration services. This center also houses the Avaya Global Solutions Support Center. Source: Convergence Plus, 8 September 2004, “Tata Telecom rechristened as Avaya GlobalConnect”, http://www.convergenceplus.com/sep04%20india%20telecom %2001.html.

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Appendix F: New Telecom Policy 1999

1.0 Preamble

1.1 Importance of Telecommunications

The Government of India (Government) recognises that provision of world-class telecommunications infrastructure and information is the key to rapid economic and social development of the country. It is critical not only for the development of the Information Technology industry, but also has widespread ramifications on the entire economy of the country. It is also anticipated that going forward, a major part of the GDP of the country would be contributed by this sector. Accordingly, it is of vital importance to the country that there be a comprehensive and forward looking telecommunications policy which creates an enabling framework for development of this industry.

1.2 NTP 1994 - objectives and achievements

In 1994, the Government announced the National Telecom Policy which defined certain important objectives, including availability of telephone on demand, provision of world class services at reasonable prices, ensuring India's emergence as major manufacturing / export base of telecom equipment and universal availability of basic telecom services to all villages. It also announced a series of specific targets to be achieved by 1997. As against the NTP 1994 target of provision of 1 PCO per 500 urban population and coverage of all 6 lakh villages, DoT has achieved an urban PCO penetration of 1 PCO per 522 and has been able to provide telephone coverage to only 3.1 lakh villages. As regards provision of total telephone lines in the country, DoT has provided 8.73 million telephone lines against the eighth plan target of 7.5 million lines.

NTP 1994 also recognised that the required resources for achieving these targets would not be available only out of Government sources and concluded that private investment and involvement of the private sector was required to bridge the resource gap. The Government invited private sector participation in a phased manner from the early nineties, initially for value added services such as Paging Services and Cellular Mobile Telephone Services (CMTS) and thereafter for Fixed Telephone Services (FTS). After a competitive bidding process, licenses were awarded to 8 CMTS operators in the four metros, 14 CMTS operators in 18 state circles, 6 BTS operators in 6 state circles and to paging operators in 27 cities and 18 state circles. VSAT services were liberalised for providing data services to closed user groups. Licences were issued to 14 operators in the private sector out of which only nine licensees are operational. The Government has recently announced the policy for Internet Service Provision (ISP) by private operators and has commenced licensing of the same. The Government has also announced opening up of Global Mobile Personal Communications by Satellite (GMPCS) and has issued one provisional license. Issue of licenses to other prospective GMPCS operators is under consideration.

The Government recognises that the result of the privatisation has so far not been entirely satisfactory. While there has been a rapid rollout of cellular mobile networks in

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the metros and states with currently over 1 million subscribers, most of the projects today are facing problems. The main reason, according to the cellular and basic operators, has been the fact that the actual revenues realised by these projects have been far short of the projections and the operators are unable to arrange financing for their projects. Basic telecom services by private operators have only just commenced in a limited way in two of the six circles where licenses were awarded. As a result, some of the targets as envisaged in the objectives of the NTP 1994 have remained unfulfilled. The private sector entry has been slower than what was envisaged in the NTP 1994.

The government views the above developments with concern as it would adversely affect the further development of the sector and recognizes the need to take a fresh look at the policy framework for this sector.

1.3 Need for a new telecom policy

In addition to some of the objectives of NTP 1994 not being fulfilled, there have also been far reaching developments in the recent past in the telecom, IT, consumer electronics and media industries world-wide. Convergence of both markets and technologies is a reality that is forcing realignment of the industry. At one level, telephone and broadcasting industries are entering each other's markets, while at another level, technology is blurring the difference between different conduit systems such as wireline and wireless. As in the case of most countries, separate licences have been issued in our country for basic, cellular, ISP, satellite and cable TV operators each with separate industry structure, terms of entry and varying requirement to create infrastructure. However, this convergence now allows operators to use their facilities to deliver some services reserved for other operators, necessitating a relook into the existing policy framework. The new telecom policy framework is also required to facilitate India's vision of becoming an IT superpower and develop a world class telecom infrastructure in the country.

2.0 Objectives and targets of the New Telecom Policy 1999

The objectives of the NTP 1999 are as under:

• Access to telecommunications is of utmost importance for achievement of the country's social and economic goals. Availability of affordable and effective communications for the citizens is at the core of the vision and goal of the telecom policy.

• Strive to provide a balance between the provision of universal service to all uncovered areas, including the rural areas, and the provision of high-level services capable of meeting the needs of the country's economy;

• Encourage development of telecommunication facilities in remote, hilly and tribal areas of the country;

• Create a modern and efficient telecommunications infrastructure taking into account the convergence of IT, media, telecom and consumer electronics and thereby propel India into becoming an IT superpower;

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• Convert PCO's, wherever justified, into Public Teleinfo centres having multimedia capability like ISDN services, remote database access, government and community information systems etc.

• Transform in a time bound manner, the telecommunications sector to a greater competitive environment in both urban and rural areas providing equal opportunities and level playing field for all players;

• Strengthen research and development efforts in the country and provide an impetus to build world-class manufacturing capabilities.

• Achieve efficiency and transparency in spectrum management.

• Protect defense and security interests of the country.

• Enable Indian Telecom Companies to become truly global players. In line with the above objectives, the specific targets that the NTP 1999 seeks to achieve would be : • Make available telephone on demand by the year 2002 and sustain it thereafter so as

to achieve a teledensity of 7 by the year 2005 and 15 by the year 2010

• Encourage development of telecom in rural areas making it more affordable by suitable tariff structure and making rural communication mandatory for all fixed service providers.

• Increase rural teledensity from the current level of 0.4 to 4 by the year 2010 and provide reliable transmission media in all rural areas.

• Achieve telecom coverage of all villages in the country and provide reliable media to all exchanges by the year 2002.

• Provide Internet access to all district head quarters by the year 2000

• Provide high speed data and multimedia capability using technologies including ISDN to all towns with a population greater than 2 lakh by the year 2002.

3.0 New Policy Framework The New Policy framework must focus on creating an environment, which enables continued attraction of investment in the sector and allows creation of communication infrastructure by leveraging on technological development. Towards this end, the New Policy Framework would look at the telecom service sector as follows :

• Cellular Mobile Service Providers, Fixed Service Providers and Cable Service Providers, collectively referred to as ‘Access Providers’

• Radio Paging Service Providers

• Public Mobile Radio Trunking Service Providers

• National Long Distance Operators

• International long Distance Operators

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• Other Service Providers

• Global Mobile Personal Communication by Satellite (GMPCS) Service Providers

• V-SAT based Service Providers.

3.1 Access Providers

3.1.1 Cellular Mobile Service Providers

The Cellular Mobile Service Providers (CMSP) shall be permitted to provide mobile telephony services including permission to carry its own long distance traffic within their service area without seeking an additional licence. Direct interconnectivity between licensed CMSP’s and any other type of service provider (including another CMSP) in their area of operation including sharing of infrastructure with any other type of service provider shall be permitted. Interconnectivity between service providers in different service areas shall be reviewed in consultation with TRAI and the same would be announced by August 15, 1999 as a part of the structure for opening up national long distance. The CMSP shall be allowed to directly interconnect with the VSNL after opening of national long distance from January 1, 2000. The CMSP shall be free to provide, in its service area of operation, all types of mobile services including voice and non-voice messages, data services and PCOs utilizing any type of network equipment, including circuit and/or packet switches, that meet the relevant International Telecommunication Union (ITU)/Telecommunication Engineering Center (TEC) standards.

CMSP would be granted separate licence, for each service area. Licences would be awarded for an initial period of twenty years and would be extendible by additional periods of ten years thereafter. For this purpose, service areas would be categorized into the four metro circles and Telecom circles as per the existing policy. CMSP would be eligible to obtain licences for any number of service areas.

Availability of adequate frequency spectrum is essential not only for providing optimal bandwidth to every operator but also for entry of additional operators. Based on the immediately available frequency spectrum band, apart from the two private operators already licenced, DOT/ MTNL would be licenced to be the third operator in each service area in case they want to enter, in a time bound manner. In order to ensure level playing field between different service providers in similar situations, licence fee would be payable by DoT also. However, as DoT is the national service provider having immense rural and social obligations, the Government will reimburse full licence fee to the DoT.

It is proposed to review the spectrum utilisation from time to time keeping in view the emerging scenario of spectrum availability, optimal use of spectrum, requirements of market, competition and other interest of public. The entry of more operators in a service area shall be based on the recommendation of the TRAI who will review this as required and no later than every two years.

CMSP operators would be required to pay a one time entry fee. The basis for determining the entry fee and the basis for selection of additional operators would be recommended by the TRAI. Apart from the one time entry fee, CMSP operators would also be required to pay licence fee based on a revenue share. It is proposed that the

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appropriate level of entry fee and percentage of revenue share arrangement for different service areas would be recommended by TRAI in a time-bound manner, keeping in view the objectives of the New Telecom Policy.

3.1.2 Fixed Service Providers

The Fixed Service Providers (FSP) shall be freely permitted to establish 'last mile' linkages to provide fixed services and carry long distance traffic within their service area without seeking an additional licence. Direct interconnectivity between FSP's and any other type of service provider (including another FSP) in their area of operation and sharing of infrastructure with any other type of service provider shall be permitted. Interconnectivity between service providers in different service areas shall be reviewed in consultation with TRAI and the same would be announced by August 15, 1999 as a part of the structure for opening up of national long distance. The FSP shall be allowed to directly interconnect with the VSNL after the opening up of national long distance from January 1, 2000. The FSP may also utilize last mile linkages or transmission links within its service area made available by other service providers. The FSP shall be free to provide, in his service area of operation, all types of fixed services including voice and non-voice messages and data services, utilizing any type of network equipment, including circuit and/or packet switches, that meet the relevant International Telecommunication Union (ITU)/ Telecommunication Engineering Center (TEC) standards.

The FSP shall be granted separate license, on a non-exclusive basis, for each service area of operation. Licences would be awarded for an initial period of twenty years which shall be extended by additional periods of ten years thereafter. The FSPs shall be eligible to obtain licences for any number of service areas.

While market forces will ultimately determine the number of fixed service providers, during transition, number of entrants have to be carefully decided to eliminate non-serious players and allow new entrants to establish themselves. Therefore, the option of entry of multiple operators for a period of five years for the service areas where no licences have been issued is adopted. The number of players and their mode of selection will be recommended by TRAI in a time-bound manner.

The FSP licencees would be required to pay a one time entry fee. All FSP licencees shall pay licence fee in the form of a revenue share. It is proposed that the appropriate level of entry fee and percentage of revenue share and basis for selection of new operators for different service areas of operation would be recommended by TRAI in a time-bound manner, keeping in view the objectives of the New Telecom Policy.

As in the case for cellular, for WLL also, availability of appropriate frequency spectrum as required is essential not only for providing optimal bandwidth to every operator but also for entry of additional operators. It is proposed to review the spectrum utilisation from time to time keeping in view the emerging scenario of spectrum availability, optimal use of spectrum, requirements of market, competition and other interest of public.

The WLL frequency shall be awarded to the FSPs requiring the same, based on the payment of an additional one time fee over and above the FSP entry fee. The basis for determining the entry fee and the basis for assigning WLL frequency shall be

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recommended by the TRAI. All FSP operators utilising WLL shall pay a licence fee in the form of a revenue share for spectrum utilization. This percentage of revenue share shall be over and above the percentage payable for the FSP licence. It is proposed that the appropriate level of entry fee and percentage of revenue share for WLL for different service areas of operation will be recommended by TRAI in a time-boutid manner, keeping in view the objectives of the New Telecom Policy.

3.1.3 Cable Service Providers

Under the provisions of the Cable Regulation Act, 1995, Cable Service Providers (CSP) shall continue to be freely permitted to provide 'last mile' linkages and switched services within their service areas of operation and operate media services, which are essentially one-way, entertainment related services. Direct interconnectivity between CSP's and any other type of service provider in their area of operation and sharing of infrastructure with any other type of service provider shall be permitted.

Interconnectivity between service providers in different service areas shall be reviewed in consultation with TRAI and the same would be announced by August 15, 1999 as a part of the structure for opening up national long distance. In view of convergence, it is highly likely that two-way communication (including voice, data and information services) through cable network would emerge in a significant way in future. Offering of these services through the cable network would tantamount to providing fixed services. Accordingly, in case the above two-way communication services are to be provided by CSPs utilising their network, they would also be required to obtain FSP licence and be bound by the licence conditions of the FSPs, with a view to ensure level playing field.

3.2 Internet Telephony

Internet telephony shall not be permitted at this stage. However, Government will continue to monitor the technological innovations and their impact on national development and review this issue at an appropriate time.

3.3 Radio Paging Service Providers

The Radio Paging Service Providers (RPSP) shall be permitted to provide paging services within their service area of operation. Direct interconnectivity between licenced RPSPs and any other type of service provider in their area of operation including sharing of infrastructure shall be permitted. Interconnectivity between service providers in different service areas shall be reviewed in consultation with TRAI and the same would be announced by August 15, 1999 as a part of the structure for opening up of national long distance.

The RPSP shall be granted separate licence, on a non-exclusive basis, for each service area of operation. Licences would be awarded for an initial period of twenty years and will be extended by additional periods of ten years thereafter. For this purpose, the service areas would be categorized as per the existing structure. The RPSP shall be eligible to obtain licences for any number of service areas.

Availability of adequate radio frequency spectrum is essential not only for providing optimal bandwidth to every operator but also for entry of additional operators. It is proposed to review the spectrum utilisation from time to time keeping in view the

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emerging scenario of spectrum availability, optimal use of spectrum, requirements of market, competition and other interest of public. The entry of more operators in a service area shall be based on the recommendation of the TRAI who would review this as required and no later than every two years.

The radio paging licencees shall pay a one time entry fee. The basis for determining the entry fee and the basis for selection of additional operators will be recommended by the TRAI. All radio paging licencees shall pay licence fee as a revenue share. It is proposed that the appropriate level of entry fee and percentage of revenue share for different service areas of operation will be recommended by TRAI in a time-bound manner, keeping in view the objectives of the New Telecom Policy. Further, TRAI may also examine and recommend the revenue sharing arrangements between RPSP and other access providers, subject to technical feasibility.

3.4 Public Mobile Radio Trunking Service Providers

The Public Mobile Radio Trunking Service Providers (PMRTSP) shall be permitted to provide mobile radio trunking services within their service area of operation. Direct interconnectivity between licenced PMRTSP's and any other type of service provider in their area of operation shall be permitted after examining the legal implications in view of the CMSP licences

The PMRTSP shall be granted separate licence, on a non-exclusive basis, for each service area of operation. Licences would be awarded for an initial period of twenty years and will be extended by additional periods of ten years thereafter. For this purpose, the service areas would be categorized as per the existing structure. The PMRTSP shall be eligible to obtain licences for any number of service areas.

PMRTSP licencees would be required to pay a one time entry fee. The basis for determining the entry fee and the basis for selection of additional operators will be recommended by the TRAI. Apart from the one time entry fee, PMRTSP licencees would also be required to pay licence fee based on a revenue share. It is proposed that the appropriate level of entry fee and percentage of revenue share arrangement for different service areas would be recommended by TRAI in a time-bound manner keeping in view the objectives of the New Telecom Policy.

3.5 National Long Distance Operator

National long distance service beyond service area to the private operators will be opened for competition with effect from January 1, 2000. To promote setting up long distance bandwidth capacity in the country, provide a choice to consumers and promote competition, all NLDOs should be able to access subscribers. With a view to achieve the above, all access providers shall be mandatorily required to provide interconnection to the NLDOs resulting in choice for subscribers to make long distance calls through any operator. For this purpose, the terms and conditions and other modalities would be worked out in consultation with TRAI and the same will be announced by August 15, 1999. The terms and conditions would also specify the number of operators, licence conditions on revenue sharing basis and other related issues.

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Usage of tile existing backbone network of public and private power transmission companies/ Railways/ GAIL, ONGC etc. shall be allowed immediately for national long distance data communication and from January 1, 2000 for national long distance voice communications.

Resale would be permitted for domestic telephony, announcement for the modalities thereof to be announced alongwith the opening up of national long distance by August 15, 1999. Resale on international long distance will not be permitted till the year 2004.

3.6 International Long Distance Services

The subject of opening up of international telephony service to competition will be reviewed by the year 2004.

3.7 Other Service Providers

For applications like tele-banking, tele-medicine, tele-education, tele-trading, e-commerce, other service providers will be allowed to operate by using infrastructure provided by various access providers. No licence fee will be charged but registration for specific services being offered will be required. These service providers will not infringe on the jurisdiction of other access providers and they will not provide switched telephony.

3.8 Global Mobile Personal Communication Services

The Government has opened up the GMPCS market in India and has issued a provisional licence. The terms of the final licence would need to be finalised in consultation with TRAI by June 30, 1999. All the calls originating or terminating in India shall pass through VSNL gateway or in case of bypass, it should be possible to monitor these calls in the Indian gateways. VSNL is also to be compensated in case gateway is bypassed.

The GMPCS operators shall be free to provide voice and non-voice messages, data service and information services utilising any type of network equipment, including circuit and/or packet switches that meet the relevant International Telecommunication Union (ITU)/ Telecommunication Engineering Center (TEC) standards. However, the licences be awarded after the proposals are scrutinised from the security angle by the Government.

The appropriate entry fee/revenue sharing structure would be recommended by TRAI, keeping in view the objectives of the New Telecom Policy.

3.9 SATCOM Policy

The SATCOM Policy shall provide for users to avail of transponder capacity from both domestic/ foreign satellites. However, the same has to be in consultation with the Department of Space.

Under the existing ISP policy, international long distance communication for data has been opened up. The gateways for this purpose shall be allowed to use SATCOM.

It has also been decided that Ku frequency band shall be allowed to be used for communication purposes.

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3.9.1 VSAT Service Providers The VSAT Service Providers shall be granted separate licence, on a non-exclusive basis for an initial period of twenty years and will be extended by additional periods of ten years thereafter. Interconnectivity between service providers in different service areas shall be reviewed in consultation with TRAI and the same would be announced as a part of the structure for opening up national long distance by August 15, 1999.

The VSAT service providers shall be granted separate licence, on a non-exclusive basis. Licences would be awarded for an initial period of twenty years and will be extended by additional periods of ten years thereafter.

VSAT licencees would be required to pay a one time entry fee. The basis for determining the entry fee and the basis for selection of additional operators will be recommended by the TRAI. Apart from the one time entry fee, VSAT licences would also be required to pay licence fee based on a revenue share. It is proposed that the appropriate level of entry fee and percentage of revenue share arrangement would be recommended by TRAI in a time-bound manner, keeping in view the objectives of the New Telecom Policy.

3.10 Electronic Commerce

On line Electronic Commerce will be encouraged so that information can be passed seamlessly. The requirement to develop adequate bandwidth of the order of 10 Gb on national routes and even terabytes on certain congested important national routes will be immediately addressed to so that growth of IT as well as electronic commerce will not be hampered.

3. 11. Resolution of problems of existing operators

The New Policy Framework which seeks to significantly redefine the competitive nature of industry, would be applicable to new licensees.

There are, however, multiple licences that have been issued by the Government for cellular mobile services, basic services, radio paging services, internet services etc. It is the Government's intention to satisfactorily resolve the problems being faced by existing operators in a manner which is consistent with their contractual obligations and is legally tenable,

4.0 Restructuring of DoT

World-wide, the incumbent, usually the Government owned operator plays a major role in the development of the telecom sector. In India, DoT is responsible for the impressive growth in number of lines from 58.1 lakhs on April 1, 1992 to 191 lakhs in December 1998, showing CAGR of' 20%. DoT is expected to continue to play an important, and indeed, dominant role in the development of the sector.

Currently, the licensing, policy making and the service provision functions are under a single authority. The Government has decided to separate the policy and licensing functions of DoT from the service provision functions as a precursor to corporatisation. The corporatisation of DoT shall be done keeping in mind the interests of all stakeholders by the year 2001.

Appendix 255

All the future relationship (competition, resource raising etc.) of MTNL / VSNL with the corporatised DoT would be based on best commercial principles.

The synergy of MTNL, VSNL and the corporatised DoT would be utilised to open up new vistas for operations in other countries.

5.0 Spectrum Management

With the proliferation of new technologies and the growing demand for telecommunication services, the demand on spectrum has increased manifold. It is therefore, essential that spectrum be utilised efficiently, economically, rationally and optimally. There is a need for a transparent process of allocation of frequency spectrum for use by a service and making it available to various users under specific conditions.

The National Frequency Allocation Plan (NFAP) was last established in 1981, and has been modified from time to time since. With the proliferation of new technologies it is essential to revise the NFAP in its entirety so that it could become the basis for development, manufacturing and spectrum utilization activities in the country amongst all users. The NFAP is presently under review and the revised NFAP-2000 would be made public by the end of 1999, detailing information regarding allocation of frequency bands for various services, without including security information. NFAP shall be reviewed no later than every two years and shall be in line with radio regulations of International Telecommunication Union.

Relocation of existing Spectrum and Compensation:

• Considering the growing need of spectrum for communication services, there is a need to make adequate spectrum available.

• Appropriate frequency bands have historically been assigned to defence & others and efforts would be made towards relocating them so as to have optimal utilisation of spectrum. Compensation for relocation may be provided out of spectrum fee and revenue share levied by Government.

• There is a need to review the spectrum allocations in a planned manner so that required frequency bands available to the service providers.

• There is a need to have a transparent process of allocation of frequency spectrum which is effective and efficient. This would be examined further in the light of ITU guidelines. For the present, the following course of action shall be adopted.

• Spectrum usage fee shall be charged.

• Setting up an empowered Inter-Ministerial Group to be called as Wireless Planning Coordination Committee (WPCC) as part of the Ministry of Communications for periodical review of spectrum availability and broad allocation policy.

• Massive computerisation in the WPC Wing will be started during the next three months time so as to achieve the objective of making all operations completely computerised by the end of year 2000.

Appendix

256

6.0 Universal Service Obligation

The Government is committed to provide access to all people for basic telecom services at affordable and reasonable prices. The Government seeks to achieve the following universal service objectives:

• Provide voice and low speed data service to the balance 2.9 lakh uncovered villages in the country by the year 2002

• Achieve Internet access to all district head quarters by the year 2000

• Achieve telephone on demand in urban and rural areas by 2002 The resources for meeting the USO would be raised through a 'universal access levy' which would be a percentage of the revenue earned by all the operators under various licences. The percentage of revenue share towards universal access levy would be decided by the Government in consultation with TRAI. The implementation of the USO obligation for rural/ remote areas would be undertaken by all fixed service providers who shall be reimbursed from the funds from the universal access levy. Other service providers shall also be encouraged to participate in USO provision subject to technical feasibility and shall be reimbursed from the funds from the universal access levy.

7.0 Role of Regulator

The Telecom Regulatory Authority of India (TRAI) was formed in January 1997 with a view to provide an effective regulatory framework and adequate safeguards to ensure fair competition and protection of consumer interests. The Government is committed to a strong and independent regulator with comprehensive powers and clear authority to effectively perform its functions.

Towards this objective the following approach will be adopted:

• Section 13 of The TRAI Act gives adequate powers to TRAI to issue directions to service providers. Further, under Section 14 of the Act, the TRAI has full adjudicatory powers to resolve disputes between service providers. To ensure a level playing fields, it will be clarified that the TRAI has the powers to issue direction under Section 13 to Government (in its role as service provider) and further to adjudicate under Section 14 of the Act, all disputes arising between Government (in its role as service provider) and any other service provider.

• TRAI will be assigned the arbitration function for resolution of disputes between Government (in its role as licensor) and any licensee.

• The Government will invariably seek TRAI's recommendations on the number and timing of new licences before taking decision on issue of new licenses in future.

• The functions of licensor and policy maker would continue to be discharged by Government in its sovereign capacity. In respect of functions where TRAI has been assigned a recommendatory role, it would not be statutorily mandatory for Government to seek TRAI's recommendations.

Appendix 257

8.0 Other Issues 8.1 Standardisation To enable the establishment of an integrated telecommunication network, common standards with regard to equipment and services would be specified by the Telecom Engineering Centre (TEC). TEC would also continue to grant interconnect and interface approvals for various service providers.

8.2 Telecom equipment manufacture

With a view to promoting indigenous telecom equipment manufacture for both domestic use and export, the Government would provide the necessary support and encouragement to the sector, including suitable incentives to the service providers utilising indigenous equipment.

8.3 Human resource development and training

Human resources are considered more vital than physical resources. Emphasis would be plakhed on the development of human resources for all fields related to telecommunications and the dispersal of this expertise to the related fields. Such expertise shall also be made available to other countries.

8.4 Telecom research and development

Recognising that telecommunications is a prime pre-requisite for the development of other technologies, telecommunications research and development (R&D) activities would be encouraged. Government would take steps to ensure that the industry invests adequately in R&D for service provision as well as manufacturing. Indigenous R&D would be actively encouraged with a view to accelerate local industrial growth and hasten transfer of technology. Premier technical institutions would be encouraged to undertake R&D activities on a contribution basis by the telecom service providers and manufacturers so as to develop multi-dimensional R&D activities in telecommunications and information technology.

8.5 Disaster management

International co-operation in the use of terrestrial and satellite telecommunications technologies in the prediction, monitoring and early warning of disaster, especially in the early dissemination of information would be encouraged. Financial commitment to disaster management telephony and the development of appropriate regulatory framework for unhindered use of trans-boundary telecommunications would be put in plakhe.

8.6 Remote area telephony

Rural Telephony, areas of North East, Jammu & Kashmir and other hilly areas, tribal blocks, etc. may be identified as a special thrust areas for accelerated development of telecommunications. The Ministry of Defence shall be assigned a more active role in the development of telecommunications in such remote areas as are identified for accelerated development of telecommunications.

Appendix

258

8.7 Export of Telecom equipment and services

Export of telecom equipment and services would be actively incentivised. Synergies among the various telecom players (manufacturers and service providers) would be exploited and used to provide integrated solutions for exports.

8.8 Right of way

Government recognises that expeditious approvals for right-of-way clearances to all service providers are critical for timely implementation of telecom networks. The Central/ State Government/ Local bodies/ Ministry of Surface Transport etc. shall take necessary steps to facilitate the same.

9.0 Changes in legislation

The Indian telecommunications system continues to be governed by the provisions of the Indian Telegraph Act, 1885 (ITA 1885) and the Indian Wireless Act, 1933. Substantial changes have taken plakhe in the telecommunications sector since 1992. ITA 1885 needs to be replakhed with a more forward looking Act.

Appendix 259

Appendix G: Addendum to the New Telecom Policy 1999

Government of India Ministry of Communications and Information Technology

Department of Telecommunications Sanchar Bhawan, 20 Ashoka Road, New Delhi-110 001.

No.808-26/2003-VAS 11 November 2003 OFFICE MEMORANDUM

SUB: Addendum to the New Telecom Policy – 1999 (NTP-99)

Given the central aim of NTP-99 to ensure rapid expansion of teledensity; given the unprecedented expansion of telecom services that competition has brought about; given the steep reductions in tariffs that competition has ensured; given the fact that advances in technologies erase distinctions imposed by earlier licensing systems; given the fact that even more rapid advances in technologies are imminent; given the steep reduction in costs of providing telecom services; given the rapid convergence of tariffs for wireless services; given the fact that the provision of such services at the cheapest possible rates and by the most reliable mode is the sine qua non for India to consolidate its position as a leading hub of Communications systems, Information Technology, IT enabled services, and of establishing itself as a leader in new disciplines such as bioinformatics and biotechnology; given the recommendations of TRAI in this regard; Government, in the public interest in general and consumer interest in particular and for the proper conduct of telegraphs and telecommunications services, has decided that there shall also be the following categories of licences for telecommunication services:

(i) Unified Licence for Telecommunication Services permitting Licensee to provide all telecommunication/ telegraph services covering various geographical areas using any technology;

(ii) Licence for Unified Access (Basic and Cellular) Services permitting Licensee

to provide Basic and /or Cellular Services using any technology in a defined service area.

( A. S. Verma)

Director (VAS-II)

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About the Author

Dr. Kiruba Jeyaseeli Benjamin Levi hails from India. She was born on 8 December 1975 in Tirunelveli in Tamilnadu and was raised up in Delhi, India. She completed Bachelor of Science (Honors) in Electronics from the University of Delhi in 1996 and Master of Business Administration from the institute BVIMR in Delhi of the University of Pune in 1998. Thereafter she joined JK Technosoft, a software company in Delhi, where she worked as an International Business Development Executive until she moved to Switzerland in 2000. Till 2003, she worked as a Doctoral Assistant at the Chair of Management of the University of Fribourg in Switzerland. Since September 2003 she works for Almedica AG, a Swiss medical diagnostics company and is responsible for the International Business Development and Marketing activities. In 2006 she attained a Ph.D. in Business Administration from the Faculty of Economics and Social Sciences of the University of Fribourg in Switzerland. Her e-mail is [email protected]

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