Tip

Click on the title of posts to see the related comments below them.

Monday, March 30, 2009

LIME Rate Hearing Overdue

Reduce Telephone Rates
This is a call on the Political Directorate to do something about the telephone rates. It seems a serious contradiction that as we speak of economic recession and of reduction of prices to the consumer, one company is allowed to continue with not just high rates, but unreasonable rates to the consumer.

It is our contention that the existing rates for land lines is prevailing against Sections 10 - 14 of the Utilities Regulations Act. Nowhere has the Price Cap Mechanism replaced the legislation governing utility regulation in Barbados; in fact it falls within the scope of the legislation. BANGO in its submission to the FTC with respect to the Review of the Price Cap Mechanism urged the FTC to hold a hearing into the reasonableness of the rate hikes which the telephone company imposed on its customers over a three year period; 2005-2008.

According to the Utilities Regulations Act (URA), the company must show reasonable cause for increases of 71% when in 2005, the same FTC ruled that the company did not require an increase. How could things have changed so drastically? Why was a hearing not prescribed as the method of Review of the Price Cap although all the consumer advocates put up reasonable cases for a hearing? The FTC simply rejected the idea of a hearing and instead held a consultation, but the question remains, does the legislation give the FTC this kind of lattitude?

No! The legislation requires every price hike to be accompanied by a total scrutiny of the company and the company has to show reasonable cause for rate hikes URA Section 10; the burden of proof is on the company URA Section 14.

More important is the provision for review methods prescribed by the URA Section 15 which states as follows:
  • 15 (4) In carrying out a review, the Commission shall hold a hearing in accordance with section 33 of the Fair Trading Commission Act.
  • 15 (5) At a hearing referred to in subsection (4),
  • 15 (5) (a) an interested party is entitled to appear in person or be represented by an attorney-at-law; and
  • 15 (5) (b) a consumer is entitled to be represented by Public Counsel.
  • 15 (6) For the purposes of this section “consumer” means a person using a utility service set out in the Schedule for domestic purposes
Whatever the FTC held in 2008 did not amount to a review if we are to follow the legislation quoted above. This company has shed more than half of its employees in Barbados; lowering its costs and reporting super profits. This is a cost which would have been considered in setting the rate, which would now be drastically reduced. If in 2005 a rate hike was not allowed because at the time, the company was earning profits in excess of the statutory 12% limit, it is unquestionable that right now they are further exceeding the statutory limit. The question is, how far past the Statutory Limit is reasonable, when in truth and in fact, the statutory limit is already reasonable?

There is no doubt in our minds that if Cable & Wireless came under the scrutiny of a hearing to Review its application of the Price Cap right now, Bajans could expect a drastic reduction in landline rates. So why is this not happening? This company which claims to love Barbados so much, has our land line rates up in the air; our cell phones rates up in the air; Internet rates up in the air; sending home workers; making super profits and providing a lousy service. When we take all of these factors together, a rate reduction is inevitable.

Three years ago, Barbadian householders were paying an average $28 for communications; basically a landline. The monthly bill to the average consumer of landline, cell phone and internet is now more than three times the total spend on telecommunications than in 2005. Many are in the range of five to ten times what they were spending in 2005.

Yes, it is one thing to say that Internet and cell phones were not so popular back then, the point is that for the consumer to be virtually laden with these costs for developmental technology in order to keep up and compete with the rest of the world, is very unreasonable considering that the company was making 14% in profit on the landlines alone and that the landline is the base or the carrier of these other services. Not only are these services a free ride on the landline, they are at a higher rate than the landline; producing a higher monthly bill to consumers than the landline would.

It is not only ridiculous but totally unreasonable for Barbadians to be saddled with such high telecommunications costs; from Price Cap to the interconnection agreements. This Government has spoken about the ill-effects of monopolies and against such monopolistic practices and we are calling upon the Prime Minster to act in the interests of people of this country and its development and carry out his promise to deal with monopolies by starting with a Review of C&W's application of the PCM, which has dealt a severe inflationary blow to many Barbadian consumers.

2 comments:

ROK said...

Hi Hallam,

Please show me where in the legislation does it state that hearings are dispensed with as the method of reviewing Price Cap? I am not accepting the FTC’s stand. If we do, it means that we have dispensed with the method of putting the company under scrutiny. We are opening ourselves to corruption and domination if we allow this to slide. It would be a blow to consumers as we see how this has gone hairwire already with the Telephone company being allowed to raise rates at a period when the FTC itself had determined that the company did not need a raise in rates.

I have to say that the subsequent raise in rates in the face of this legal determination is a blatant slap in the face of consumers, where it would seem that others in high authority have conspired to allow the company to raise the rates with little regard for reasonableness. Now if this is not a formula for corruption, I do not know what is. As consumer advocates we have to be vigilant and not just “responsible” and make sure that we do not help perpetrate the “lie” to unsuspecting consumers.

The bottom line is that the rates gone up and that there is nothing in the law which has replaced the statutory provision of the URA Section 10 – 14. As a matter of fact, I have heard that the Price Cap Mechanism is not designed to replace regulatory authority. If this has to go to court, it will. I repeat, there is nothing in law that dispenses with the URA Sections 10 – 14. If there is, show me!

Furthermore, in making your submissions, did you have access to any information from the company? Were you able to do a complete inspection of the company as a rate hearing would? Are you telling me that the setting of caps and ceilings which only ever go up can be a reasonable replacement for a statutory profit limit designed to ensure that the monopoly does not squeeze excess profits out of consumers? Again, what is the bottom line for us? Are you telling me we should overlook the high rates for communications and poor service that are imposed on Barbados, a place where they are earning the highest possible profit/investment? What about the severing of our workers? How can you compare rates only? No, we would be deceiving consumers to toe that line. It is unacceptable and only serving to erode consumer rights; are we going back to massa days?

Community leaders must be the conscience and consciousness of the people. We cannot be unwittingly selling out. If I stand alone on this I will stand alone and fight alone. It just cannot be right that we allow authority to flout the law as it was designed for everybody and made in the wisdom of those whom we elected to represent us in the highest law making body of this, our sovereign state.

ROK


Hallam Hope Wrote:

Friends,

Under the universally adopted method of Price Cap regulation the formal rate hearing which is traditional under the rate of return regulatory approach is dispensed with.
In its place, the carrier (s) are provided with ceilings or caps which represent the maximum increase allowed by the regulator.
This was the process used in the last two price cap determinations.
In place of the formal rate hearing the consumer is invited to give their views and analysis which is taken into account in arriving at the caps allowed for each basket of services.
CARITEL was probably the only consumer to engage the process in the last price cap in its entirety by providing three submissions based on our economic, financial and accounting research, as well as attending all the public sessions as well as putting together a team to meet with the consultants - gratis I may add.
Whether the Price Cap guidelines are sufficient or an amendment to the FTC rules is needed are legal questions which I cannot answer.
Suffice it to say there are new ways of doing business under the price cap. The former rate hearing approach is universally considered an inefficent method although it is attractive to those who have the time to sit through long hearings and probably end up getting more information from the company, putting it under scrutiny etc.
As noted on Barbados Consumers Watch and mentioned here in the past not onluy are higher electricity rates possible in coming months but I believe a four per cent increase in telephone rates kicks in around August/September.
We were only able to get a freeze on those rates since the last Price Cap went to consultation.
CARITEL is also involved in the Interconnection consultation where we are arguing for lower long distance rates and new services which benefit the consumer through competition.
I can also say that any companies or consumer bodies which will be involved in the electricity hearing will need all the engineering and finance help they can get.

Hallam

Apostille said...

Hello.. ur post has good content.. Well researched..

Apostille

Labels In This Blog