Page 37 - 2012 Annual Report

VIVENDI l 2012 l Annual Report 37
GROUP PROFILE – BUSINESSES – LITIGATION – RISK FACTORS 1
1
SECTION 2 - BUSINESSES
MAROC TELECOM
2.5.5. Regulatory Environment
In Morocco, the National Telecommunications Regulatory Agency (ANRT)
prepares the studies and regulations for the telecommunications sector.
It also ensures operator compliance with the regulations in force.
As such, it prepares and implements procedures for licensing by
competitive bidding, thus managing and monitoring the radio frequency
spectrum. It controls the wholesale rates of the operators that exert
significant influence over a given market and compliance by all operators
with the rules of fair competition in the market. Finally, its mission
includes resolving disputes over interconnection, competition and shared
infrastructure.
After an initial general policy paper for the period 2004-2008, the main
effect of a second paper was the establishment of a significant decrease
in interconnection rates, accompanied by a temporary asymmetry until
December 31, 2012. It also determined the framework for the sharing of
infrastructure and strengthened oversight of retail offers and promotions.
In its decision of December 1, 2011, the ANRT lowered rates for fixed and
mobile call terminations for the period 2012-2013. The decision also had
the effect of making the obligation of non-discrimination for on-net/off-net
rates for prepaid mobile calls general to all public telecommunications
network operators effective as of January 1, 2012. In December 2012,
the authority confirmed the introduction, starting January 1, 2013, of rate
symmetry for call termination for mobile voice calls between operators
and set a new single rate of DH 0.1399, excluding VAT. It also eliminated
the time-based modulation under which two separate rates were applied
depending on the time (peak, off-peak). Finally, SMS call termination has
been lowered to DH 0.03, excluding VAT, per SMS (instead of the DH 0.05,
excluding VAT, originally planned).
Maroc Telecom fulfills its obligations as a fixed-line and mobile operator
providing universal service in compliance with contract specifications.
In Morocco, this includes the following services: telephone service of a
specified quality at an affordable price, the provision of Internet access,
the transmission of emergency calls, and the provision of an information
service and a directory in printed and electronic formats (these two
services are mandatory). The installation of telephone booths on public
roads is also required. It must dedicate 2% of its revenues, excluding tax
and interconnection fees, to the universal service.
In this regard, the ANRT launched a consultation of all national operators
for the construction of a vast universal service program called “PACTE”
over the period to 2008-2011. Its aim is to provide telephone services
and Internet access all “white zones” in Morocco, (9,263 localities). The
Universal Service Management Committee selected Maroc Telecom for
7,338 localities for a total amount of 1,159 billion dirhams. This amount
is to be deducted from its universal service contribution over the period.
The deadline for completion of the entire program has been extended to
June 30, 2012 and at year-end 2012, more than 90% of the program has
already been completed. Maroc Telecom asked the ANRT for additional
time to complete the program corresponding to the electrification period
of the most recent sites by the ONE (National Electricity Office). It also
responded to an ANRT consultation for coverage of 565 other localities
under the PACTE program and suggested that it be completed by the end
of 2013. The results of this consultation are not yet known.
The regulator notified the network operators of the decision of July 13,
2011 relating to the identification of 2G and 3G mobile customers.
Operators were to have identified their entire subscriber base by
the end of December 2012, failing which they would face penalties.
The three operators had informed the ANRT via their association, MATI
(the Moroccan Telecommunications Professionals Association), that
it would be difficult to identify customers under the conditions set forth by
this decision in a timely manner. They said that the achievement of these
objectives required the involvement of the ANRT to communicate about
the project.
Led by the ANRT, the September 2012 audit report noted the difficulties
faced by operators (volume of customers to identify, reluctance of
customers to complete the formalities of identification) and therefore
recommended granting them additional time to enable them to identify
their entire base by seniority levels.
Finally, Maroc Telecom and all of its African subsidiaries are engaged in a
process of awareness, dialogue and transparency in matters of health and
mobile telephony with their customers.
2.5.6. Competition
To date, 20 telecommunications operator licenses have been awarded
in Morocco: Maroc Telecom, Médi Telecom and Wana/Inwi each hold
a license to operate a fixed public network, a GSM (2G) license and a
3G license. Other licenses are distributed among the GMPCS satellite
(5 licenses) and VSAT satellite (3 licenses) telecommunications network
operators and operators of radioelectric resources that use shared
resources, one of which is regional (3 licenses).