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The 2008 TRE survey is a perception based assessment by informed stakeholders in the telecom industry regarding the efficacy of regulation and policy with respect to seven dimensions in the fixed, mobile and broadband sectors: market entry, access to scarce resources, interconnection, tariff regulation, anti-competitive practices, USOs and QoS. Key regulatory and policy episodes that occurred in the May 2007 to May 2008 time period provide a contextual background to the survey questionnaire. This report also compares the 2008 survey results with those of a similar survey conducted in 2006 to arrive at a better understanding of the dynamics underlying the TRE scores. The results of the 2008 TRE survey indicate a below average score across six of the seven dimensions, with the exception being mobile sector USOs. The key facts that emerge from a comparison of the two survey periods, 2006 and 2008, is that overall TRE scores have improved marginally in both the fixed sector and in the mobile sector; scores for market entry in the mobile sector have shown a significant drop; scores for fixed sector interconnection have increased significantly; and, scores for USOs in both sectors have recorded increases. However, our analysis of the TRE scores for Sri Lanka indicates that these numbers are not entirely a reflection of regulatory and policy actions (as in the case of the comparative TRE scores for interconnection between 2006 and 2008 for instance) or of market dynamics (as in the case of tariff regulation for the period between 2006 and 2008 for instance). In addition, our analysis suggests that disparities between the definition of a particular parameter contained in the survey questionnaire and the perception of respondents as to the definition of a particular parameter could also bias the results of the TRE scores (as for instance in the USOs category). In general however, what emerges from our analysis is that market behavior – specific actions taken by operators – in spite of bad regulatory and policy actions – facilitated by the dynamics of competition, is driving the telecom sector. Initial pro-competitive reforms and liberalization efforts from 1980 until the mid-late 1990s created a momentum for competition that appears to have taken off, by-passing regulation. The policy recommendations emerging from our analysis focus on the principles regulation only where necessary; and, regulation for competition. For instance, we argue that areas such as tariff regulation and QoS should be left to the market – according to the tenets of consumer choice and revealed preference, whilst areas such as interconnection, licensing and access to scarce resources need to be addressed in a systematic and transparent basis by the regulator.

Telecom Regulatory and Policy Environment in Sri Lanka: Results and Analysis of the 2008 TRE Survey