Navigation Bar

Climate hampers Latin telecom market's growth

Jim Landers
Dallas Morning News
July 5, 2000

WASHINGTON — Internet use is spreading rapidly through Latin America, but Mexican consumers and some others could lag behind because investors are discouraged by weak regulation of powerful phone companies.

Several U.S. telecommunications companies, analysts and federal officials complain that Teléfonos de México SA, or Telmex, stifles competition. The former state-owned monopoly is now a private company with dozens of competitors for local and long-distance telephone service. Telmex still dominates the Mexican telecommunications market, however, and competitors are crying foul.

Telmex in turn accuses new entrants AT&T Corp. and WorldCom Inc. of cherry-picking its corporate customers without investing in infrastructure.

The two sides are caught up in lawsuits in Mexico and a trade dispute that has gone to both President Clinton and President Ernesto Zedillo.

Regulators have also been unable to untangle telecommunications in Bolivia, Costa Rica, Uruguay and Venezuela, where telephone monopolies or near-monopolies continue to collect high prices.

About 16 million Latin Americans are now online — about 3.2 percent of the region's 500 million population. The rate is doubting annually, and Spanish has become the second language of the Internet after English.

Without big investments in telecommunications, however, growth could hit a wall. And some investors say they will shy away if they don't have the opportunity to compete.

"The moment's here, ripe to be taken," said Cresencio Arcos, regional vice president for Latin America with AT&T Corp.

"There is a concern, though, that only a handful of Latin American countries are going to make the right public policy decisions because Internet technologies challenge the existing powers and their exorbitant, non-cast-based tents."

From the U.S. perspective, Mexico is the country of greatest concern. Officials warned last month that the United States might sue Mexico before the World Trade Organization because it has not opened its telecommunications market adequately to foreign competition. The Clinton administration has set a Friday deadline for Mexico to act.

A similar threat against Japan was resolved last week when the government-controlled local telephone monopoly NTT agreed to cut in half the fees it charges foreign companies to use its circuits.

Competition founders

Some analysts blame a lack of competition for high prices in Mexico. Mexican consumers pay nearly four times as much as U.S. consumers rot a basket of telecommunications services, according to a February study by the Alexis de Tocqueville Institution, a nonpartisan research group based in Arlington, Va.

The basket of 2,000 minutes a month of local calls, national and international long-distance and unlimited Internet access was priced in the study at just under $45 in the United States. The Mexico price for the same basket was more than $160. Bolivia had the highest-priced basket in the study: £302.

The Organization for Economic Cooperation and Development, which represents 29 of the world's wealthier nations, last year found Mexico's phone charges were twice the organization average. Meanwhile, the number of telephone lines for every 100 people in Mexico is among the lowest in Latin America.

Daniel E. Crawford, ventures president for WorldCom, faults Telmex for the high prices and poor service. And he says there's much more at stake than a squabble between giant telecommunications firms.

"Telecommunications is a springboard for a mammoth rollout of the Internet all across the world." Mr. Crawford said. For the economies of Latin America, telecommunications is the heartland of business today."

Telmex general counsel Javier Mondragon faults WorldCom and AT&T for raising long-distance prices in Mexico and slowing telecommunications investment.

"If there is something that could stop telecommunications investment in Latin America, it is the long-distance carriers' behavior," he said. "They want others to do die investments, while they want the cream of the
customers."

At present, Internet providers are multiplying throughout Latin America, and prices are falling. Mexicans can get unlimited Internet access for $18 a month, the de Tocqueville Institution study found.

But U.S. telecommunications firms complain that Telmex won't supply circuits for dial-up Internet access when they ask for them.

Jorge Nicolin, president of Mexico's Federal Telecommunications Commission or Cofetel, said Telmex is reluctant to give lines to companies that have not paid millions of dollars owed for long-distance interconnections. The U.S. companies say those payments have been suspended by the courts while they hear arguments that the rates were designed to price Telmex's competitors out of the market.

Telmex is one of the biggest firms in Latin America and one of the most profitable. The Mexican government in 1990 sold majority ownership for $1.76 billion to a group led by Carlos Slim Helu's Grupo Carso. San Antonio-based SBC Communications Inc. holds 10 percent. In 1999, Telmex reported earnings before extraordinary items of $2.6 billion on sales of $10.05 billion.

Contract disputes

U.S. firms argue that under World Trade Organization rules for telecommunications trade, Telmex should make its circuits available to foreign competitors for a cost-based fee. Mr. Arcos said Telmex is charging its foreign competitors 19 cents a minute for circuit access that costs Telmex only 6 cents a minute.

Mr. Mondragon disputed those figures and said the big U.S. firms were avoiding their contractual obligations.

The FCC fined Telmex $100,000 in January because the fees charged to its competitors in Mexico were not compatible with the agency's terms for Telmex to do business in the United States.

As U.S. trade officials see it, the problem is a weak referee. Mexico's Federal Telecommunications Commission has struggled for years to compel Telmex to change to a cost-based fee structure arid to provide more circuits to competitors. Telmex has used the courts to keep Cofetel at bay, winning more than 200 injunctions against the regulatory agency.

"Telmex is a telephone monopoly that is not regulated the way it should be regulated," said Deputy US. Trade Representative Richard Fisher. "Telmex needs to be fiercely regulated."

Mr. Nicolin said Mexico has made progress on all the issues that U.S. officials are raising.

Competitors now hold 30 percent of the long-distance market. Cofetel is hearing Telmex's arguments about dominant cattier rules proposed on March 27, but meanwhile the company has promised to provide new lines for Internet providers on a first-come, first-served basis, Mr. Nicolin said.

"We are one of the three countries with the fastest growth of the Internet," he said. "Most of the problems are from the impressive growth of the Internet in Mexico.

President-elect Vicente Fox has said he will ensure that Cofetel has both the autonomy and authority to regulate Mexico's telecommunications companies. But Mr. Nicolin said one of the problems — filing for injunctions— needs legislative action.

"It is easy to get injunctions. This is a problem we face not only from Telmex but the rest of the carriers as well," be said.

Legislation limiting injunctive relief has been introduced in Mexico's Congress.

Mr. Fisher was scheduled to meet Monday and Tuesday with Mexican officials in Mexico City. The meetings probably will decide whether the United States lodges a WTO complaint against Mexico.

"Sometimes, both people think they are right, and when both people think they are right, they get stubborn." Mr. Mondragon said. 'You need something or someone to break the stalemate. I hope Mr. Nicolin will help us."

Other markets lauded

In contrast to the fight an Mexico, FCC Chairman William Kennard last. March lauded the efforts of Peru, Jamaica, Argentina and Brazil to open their markets and promised technical support to their regulators

Argentine President Fernando de Ia Rua took office in January vowing to bring competition into telecommunications. By March, tong-distance prices were down 56 percent.

Competition has forced prices down for Internet access as well.

Consumers in Argentina and Chile pay less than $15 for unlimited Internet access, the de Tocqueville Institution found. But in Costa Rica, where the government has maintained an Internet service monopoly, the cost of unlimited Internet access last year was $95 a month.

While surfing the World Wide Web and trading e-mail are the most popular Internet pastimes today, the Internet also offers consumers a way to make telephone calls and send faxes at little or no cost.

Rob Stephens, director of Latin American business development with Internet telephone service provider iBasis Inc., remembers a conference in Brazil where the speakers description of the future of the Internet brought one applause after another — until he said it would drive telephone call charges to zero.

"That line brought dead silence," Mr. Stephens said. "The big incumbent telecoms are all pro-Internet when it generates more revenues. But when it challenges the notion that you have to pay for telephone service, they feel threatened by it."

Ecuador and Colombia have effectively banned using the Internet to make telephone calls, Mr. Stephens said.

"In Europe and Asia, it's very easy to get these licenses," Mr. Stephens said. "Asian countries are worried about content. Latin American countries could give a flying hoot about content. Their concern is how it will affect the underlying companies."

Mr. Stephens' firm entered the Mexico market in April with long-distance provider Operadora Protel SA, a Telmex competitor in the commercial long-distance market in 51 Mexican cities. The partners are now routing long-distance telephone calls over the Internet rather than through more costly telephone switches.

The Internet will become a highway for voice traffic only if Latin America invests heavily in high-speed connections known as broadband, Mr. Kennard said in Peru earlier this year.

"To create ubiquitous broadband, we must create transparent, effective regulatory regimes that ensure full competition," he said. "This inevitably means that regulators must curb the power of powerful incumbent carriers to create a level playing field for new entrants."