Sun Cellular, the impossible ‘predator’
HINDSIGHT By Josefina T. Lichauco
The Philippine STAR 03/21/2005
(Conclusion)
As I mentioned last week, the two giant players– PLDT/Smart/Piltel, as one group and Globe/Innove as the other – should devise their own "gimmicks" instead of shouting "predatory pricing." And devise, they certainly did! Touch Mobile, a brand of Globe, launched its "Todo Text and Tawag Promo" on March 9 while Smart/Piltel launched their own "25/8 Unlimited Call and Text Promo" on the 11th. And this is great for the subscribing public. We now have a great buffet of choices – choices, however, that should go with good service which is very critical in a competitive environment.
The issue against Sun Cellular earlier brought by the two giant companies and their subsidiaries, on the poor service that Sun Cellular is being accused as guilty of, is a separate issue altogether from the fundamental issue of whether Sun Cellular should be allowed to continue with the 24/7 unlimited service.
Not too long ago, as the two giants commenced their operations, they also went through start-up pains, which affected their subscribing public. NTC’s service standards, though a separate issue from the right to introduce these seductive unlimited services, have to be complied with. Because of our competitive environment, and as the consuming public goes through and picks their choices, good service is of the greatest importance.
Of course, there are differences existing among the promotional devices that the three entities have introduced. Globe’s Touch Mobile Todo Tawag and Text Promo allows its subscribers to make unlimited call and text service for 30 days at a cost of P300, and 15 days at P150. And for solely unlimited text service the cost is P50 for five days, but of course the call and text pertains only to Touch Mobile-to-Touch Mobile calls and texts. In the case of Smart’s 28/5 Call and Text Unlimited Promo, which really sounds and seems like such a big deal, it allows subscribers of Smart pre-paid, Talk and Text pre-paid, Addict Mobile pre-paid, and Smart Kid pre-paid, to use the unlimited call service for P115 for 10 days. For the unlimited test only service, the charge is P60 for six days. As is obvious, Smart refrained from offering a combined call and text unlimited package. The arithmetic of this boils down to the fact that if a customer wants to take advantage of unlimited call and text service for 30 days, it will cost him P645 (P115 x 3 for 30 days of unlimited call service and P60 x 5 for 30 days of unlimited text service).
There is therefore a price differential. Smart’s 25/8, gloriously announced in the press recently, does not allow the subscriber to dial directly the number of the person the subscriber wants to call. The 25/8 subscriber will have to text 258 and send to 883 (unlimited text) and 889 (unlimited calls), the number of the person he or she wants to call and, of course, wait for the call to get connected after which the ring back tone will materialize.
There is delay therefore which could be annoying, the connection does not arrive in a timely manner and obviously is dependent on the number of calls that are on queue. In other words, said queuing line could be rather long and naturally, the longer one has to wait to get connected. And if the Smart subscriber is in a hurry and can’t wait for the call any longer, then he must have to dial directly the number of the person he or she wants to contact but then, mind you, he will have to pay the regular rate of P6.50 per minute, aside from going through some degree of annoyance. It is therefore correct to say that under Smart’s 25/8 service, a user who can pay more, i.e., the P6.50 per minute can get an immediate connection, while those who can’t afford this rate will have to wait until their calls are connected through the 883 and 889 queue or lining up mode.
I have great friends at both Globe’s and Smart’s legal services. Globe’s Atty. Rodolfo Salalima, who just recently was given an award in the practice of law from his alma mater, San Beda College, has been part of all the Philippine delegations to the conferences that I have headed and is an extremely sharp lawyer. Smart’s Atty. Roger Quevedo, likewise when he was still with BellTel, was part of the delegation, another sharp lawyer whose contribution to telecom development in our country cannot be refuted. They’re both excellent friends of mine, but in making a detailed study of the details of each scheme involved in what is now called the telecommunications price war, I cannot truly see what significant advantages the subscribing public gains. The carriers have to be on their toes; they have to be ingenious; they have to be ahead; and, which I think is the most important, the service they provide has to be in tip-top shape. The NTC does not really have to over-regulate or over-monitor, because they are certainly aware that service no matter how cheaply they offer it, has to be good, otherwise, the customer will drop them.
Aside from the above specifics of each scheme, in the case of the unlimited service of both Sun Cellular and Touch Mobile, the same is limited to intra-network calls only — Sun-to-Sun and Touch-to-Touch calls only. This unlimited service is not being offered to inter-network calls due to what is called, and is a very critical factor in the pricing, the "Access Charge" that the network operator has to pay which at present is P4 per minute.
And now let’s go back to the dirty word "predatory pricing" and add other dirty words like monopolistic control and industry cartelization which are what the regulatory body has to take a good look at, in connection with the giant PLDT/Smart/Piltel combination.
Under Smart’s 25/8, inter-network calls between Smart and Piltel are allowed under the unlimited call service. This may be considered discriminatory because Smart and Piltel do allow unlimited inter-network calling when there is supposedly an access charge of P4 that’s got to be paid for inter-network calling.
If Smart and Piltel are not charging this access charge, then they may be accused of discriminatory pricing since they are imposing access charges on other carriers for calls to their network. And if Smart and Piltel postulate that they in fact actually pay access charges for Smart-Piltel or Piltel-Smart calls, they could be charged with predatory pricing. This is because it is quite evident that they are pricing their unlimited service below cost for inter-network calls as they absorb the P4 access charge in exchange for unlimited service. And here is where Smart, the giant who ranks as the No. 1 money-maker among all Philippine companies in business with net income as basis, could be really vulnerable.
By the way, the P10 per call promo of PLDT runs the danger of being considered discriminatory and predatory. A PLDT subscriber can make a call of unlimited duration to a PLDT line of a Smart and Piltel subscriber for P10 per call. Since PLDT is duty bound to pay Smart/Piltel P4 per minute access charge, the unlimited call for P10 to Smart/Piltel, PLDT can be vulnerable to the predatory charge. Simply put, a 10-minute call to Smart, PLDT will have to pay Smart P40 as access charge, but is actually charging only P10 under the promo. It is quite clear to me that here is where the word predatory applies.
Here is where the need truly lies for the NTC or even Congress to take a good look at the procedures and anti-competitive processes and the dynamics in the determination of rates and charges for mobile phone services.
I received 68 e-mails reacting to Part One of this article and I am grateful for each of them. It is because of these readers that the era of monopolistic control and the stink and the evils of cartelization of a very critical industry of our country will not be allowed to rear its hideous head ever again.
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