Sunday, April 29, 2012

Telenor Threatens to Hang up on India Ops

Adding Insult to Injury After S&P's negative outlook, two big global businesses are now rethinking their India plans due to a difficult investment climate & slow policy-making 
Norway telco says it'll be impossible to carry on business if Trai proposals are accepted


    Norway's Telenor has warned it will exit India if the government accepts the telecom regulator's proposals to auction airwaves at 13 times the price used in 2008, highlighting the uncertainty shrouding a sector till recently seen as a poster child for liberalisation. 
The head of the company's Asia unit said it would be "impossible" to continue operations in the country of more than a billion people, in which it has invested over $3 billion since buying a majority stake in the telecom business of Unitech, a Delhi-based real estate company, in 2008. 
"If these recommendations become policy, we will be forced to exit India. It will be impossible for us to continue operations here," Telenor Executive Vice-President & Asia head Sigve Brekke said in an interview. "This is not a threat, it is a reality," he said. 
Brekke's comments come just a day before the Telecom Commission, the highest decision-making body in the sector, meets to decide on the recommendations put forward by the Telecom Regulatory Authority of India. But two analysts said quitting India would impact Telenor's growth potential as the Scandinavian telecom major has been depending on Asian and emerging markets for growth, with business in Europe, its main territory, declining. 
"The India exit will mark a monetary loss, but will also mean a threeyear setback to Telenor on growth in the next two years," said one. They asked not to be named. 
Telenor had forecast a breakeven for Uninor, its Indian unit, in 2013. Trai Proposals Not in Line with SC's Orders: Telenor's Brekke 
Telenor's India operations were among the worst affected by the Supreme Court's February 2 order quashing licences awarded in the controversial 2008 sale by former telecom minister A Raja. The court asked the government to issue new permits through an auction. 
Trai last week recommended that the government auction 5 MHz of airwaves in the 1800 MHz band in which Telenor operates, a quantum of airwaves sufficient for only one company to operate, though nine companies have lost licences after the court decision. 
The regulator also said mobile phone companies will have to pay a minimum . 3,622.18 crore for every unit of 2G spectrum, a 13-fold increase over what they paid in 2008 when Raja dished out pan-India permits that came bundled with 6.2 MHz of 2G spectrum for . 1,659 crore. Trai further said the first round of auctions would help establish the value of airwaves, which would be used as the base price for the next round to be held in 2013. 
Brekke, who is also the head of the Scandinavian company's India operations that offer mobile services under the Uninor brand, said Trai's recommendations were not in line with the Supreme Court's orders. 
"The Supreme Court said new licences should be given through auctions. But according to Trai's recommendations, only one licence, and not licences, can be issued. Even this is theoretical as incumbents can take away spectrum in the first round of auctions and companies like us are therefore finished," he said. 
"The main focus of the recommendations is refarming (redistribution) of airwaves in the 900 MHz band. To accommodate this, Trai has said only 5 MHz of airwaves in the 1800 MHz band can be auctioned. This is not what the court ordered. The SC simply said reaward the new licences through auction. The SC couldn't be any clearer," he reiterated. 
Trai has recommended that incumbent operators such as Bharti and Vodafone surrender a part of their airwaves in the 900 MHz band by 2014 and replace it with spectrum in the 1800 MHz band. As a result, it has not recommended the auction of airwaves freed up after the Supreme Court-ordered cancellations. Brekke said while issues like spectrum price are of concern, Telenor may not even wait for price discovery in the auction, given the nature of the recommendations. 
ROLLOUT OBLIGATIONS IMPOSSIBLE TO MEET 
The Uninor MD said the company's primary concern was the quantum of airwaves to be auctioned as well as requirements that the company establish its presence in a certain number of locations, known as rollout obligations. "With 5 MHz, the government would be setting a deliberate policy to reduce competition that has brought affordability. Auctioning 5 MHz when more than 20-30 MHz is available is nothing but creating an artificial scarcity to jack up prices. This will be the smallest spectrum auction in the world," he added. 
Brekke added that Telenor would not be able to continue operations if the government insisted on imposing Trai's rollout obligations. "It isn't logical to ask each operator to set up its own tower in every village when this is done smarter through collaboration and sharing between operators. Why use last decade's mindset to solve this decade's priorities?" 
Uninor would require an additional 120,000 towers to meet the rollout obligations, making its business here unviable, Brekke said. Brekke also slammed Trai for setting a steep price for airwaves. "We are being charged high spectrum prices and asked to recover them by using this spectrum for 3G and LTE (since this is liberalised spectrum) instead of using it for basic voice telephony that 90% of India uses. This is equivalent to taking from the masses and giving to the classes and goes against the political intention of the government," he added. 
The Trai recommendations enable telecom operators to use airwaves for all purposes, including data, to recover costs. However, for most operators, this implies massive replacement of infrastructure, which is unviable, Brekke explained. 
Some of the mobile phone companies plan to file a fresh petition in the SC, stating that Trai's recommendations are against the court's orders, according to people familiar with the plan. Brekke said he had 'heard of this plan' and added that 'Uninor had not yet decided to be party to this petition'. 
The Supreme Court last week ordered the government to conduct 2G spectrum auctions and grant licences by August 31, rejecting the Centre's plea that it required 400 days to complete the process, even as it allowed the nine mobile companies whose licences were cancelled earlier this year to continue operations till September 7, extending its earlier deadline of June 2. 
"The regulator seems determined to complicate this and bring in every telecom issue it possibly can. If this is what the SC wanted, then 400 days would have been allowed. But it wasn't," Brekke said. For now, the apex court seems to be done with its guidelines, and little more can be awaited on that front, he added.
ET reported last week that the DoT may first examine Trai's recommendations to auction 5 MHz of airwaves in the 1800 MHz band and later consider the other proposals submitted by the regulator. Some sections of the telecom department are of the view that setting aside most of Trai's proposals and focusing solely on auctioning 5 MHz of airwaves will enable the government meet the August 31 deadline set by the Supreme Court. But this will result in a limited auction, and not the re-auction of all the airwaves vacated due to the cancellation of licences by the apex court.




BMC wants cluster-scheme bar raised for urban renewal

The BMC has sought an increase in the minimum area for cluster redevelopment from one acre to five acres. It also wants that old and dilapidated buildings should receive more incentive floor space index (FSI). These requests, to the urban development department, are part of municipal commissioner Subodh Kumar's wider plan for Mumbai's urban renewal, for which he has set up a committee. It will suggest ways of carrying out redevelopment with an eye to create facilities like wide roads, parking lots, open spaces and educational institutions. 
    The cluster redevelopment policy when launched in 2009 had mandated a minimum acreage of 10. But this was reduced to one under pressure from developers. Despite the concession, only five projects were approved, the largest being the 14-acre Bhendi Bazaar project that is being implemented by the Bohra Trust. 
    Kumar says cluster redevelopment should be big enough to enable road widening within the area and on the periphery, and to retain Development Plan reservations. As per the policy paper, "Since managing a (cluster redevelopment project) is more difficult and the implementation period is long, involving higher interest costs, incentive FSI shall be more liberal as compared to that (for the old and dilapidated building redevelopment scheme)." 
    Kumar has proposed that there is no need to give a uniform FSI of 4 to all cluster projects. "Since it (will be) an area development scheme on minimum five acres, it will be possible to utilize higher FSI in situ, without creating congestion." 
    Utsal Karani, secretary, Janhit Manch, said the proposal would enable the creation of better civic infrastructure. "It will bring in builders with better track records, who will ensure that they deliver on rehabilitation as well as civic infrastructure." 
    Kailash Agarwal, proprietor, Nish Developers, who has already undertaken a seven-acre cluster redevelopment project in Parel, said such projects were the only way to bring about urban renewal. "If the requirement is only one acre, it is difficult to put in place a sewage treatment plant and solar panels, and create open spaces. A larger area allows for such amenities to be set up. Also, with one-acre plots, the city will never get wide roads." 
    Agarwal said he had been urging government officials to study his project, understand the difficulties and tweak the policy so that implementation of future projects became easier. 
INCENTIVES FOR PROJECT 
New proposal by Mhada 
and BMC to boost cluster 
redevelopment Provide 10-20% additional rehabilitation area to tenants/occupants Increase ceiling of incentives offered to developers from a maximum of 70 sq metres to 100 sq metres Revise area-sharing ratio between developer and Mhada/BMC from 0.5:1 to 1:1 Create one-window system with Mhada as approving authority Remove FSI cap of 4 for cluster schemes Give developer incentive FSI of 80% against every 100 sq ft of rehab area, including accommodation reservation like housing for displaced, schools and hospitals Cluster Redevelopment Policy 
    The state has adopted a policy for private redevelopment of dense housing clusters spread over areas of one acre in the island city 
    The policy offers a floor space index (FSI) of 4 or that required for the rehabilitation of existing occupants, whichever is more, plus an incentive FSI to developers taking up reconstructing of pre-1960 buildings 
    Developers can commercially exploit an area that is 55-80% of the rehabilitation area Why is the scheme not taking off? 
    No dilution of reservation as sought by developers 
    Lack of clarity: BMC and deputy collector (encroachment) disclaim any responsibility for certifying legal slums and evicting illegal shanties 
    Mhada disclaims any responsibility for taking action against the balance 30% of tenants who refuse to give consent 
    Tenants revoke consent when a competitive builder offers additional benefits, despite a scheme getting high-power committee nod 
    Not all is well for tenants. Those owning two flats in a building refuse to give consent as under the policy they are entitled to only one 300-sqft rehab flat 
    Developers want additional FSI for developing amenities like schools and dispensaries 
    No mechanism exists to resolve dispute between multiple government agencies, developers and tenants



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