In
a puzzling move, South Africa’s Department of Communications (DoC) has decided
to appeal a court decision to allow value-added services network (VANS)
providers to self-provide, Itweb reports. The decision to appeal took the wind
off the sails of a market that had celebrated the High Court’s initial ruling. The DoC
continues to insist on limiting the ability of dozens of service providers to
build their own infrastructure. It seeks to compel them to use infrastructure
from a small number of large players, most notably fixed carriers Telkom and Neotel.
Allowing
VANs to self-provide would, the DoC says, “seriously undermine” its “managed
liberalization” policy. Presumably, the DoC would like to avoid an out of
control process that would see scores of players digging the streets. We
understand the DoC’s uncomfortable position, stuck as it is between a
frustrated private sector and a near-congenital distrust of the ability of
market forces to accelerate truly universal access - in the face of solid
evidence to the contrary.
Still,
it is hard to see how the DOC’s current moves help accelerate market growth. “Managed liberalization” appears to be a
euphemism for a China-inspired gradual, controlled and cartel-based
competition, with the ministry doling out entry tickets to the cartel at its
discretion. Except that this isn’t China. South Africa’s broadband household penetration
is lower than 5% and prices are higher than they should be. Restricting self-provision
essentially (1) confines a slew of players to specific market segments and
third class status by restricting their ability to expand organically, (2) constrains
their business models by limiting their options and forcing them to spend
capital inefficiently.
It
is also inconsistent and to be plain, it is unfair. Mobile operators have been
allowed to self-provision and are aggressively expanding their backhaul
capabilities. Telkom is set to enter the
mobile space with a 3G network that will substantially increase its own
bandwidth requirements. Yet VANs are restricted from doing the same. This is
akin to sending a middleweight boxer, a hand tied behind his back, to a violent
fight against a full-bodied, well-trained heavyweight. If the DoC were looking
to squeeze some VANs out of the market, there’d be few other ways of doing it.