OPTA Publications

2011 OPTA Annual Report and Market Monitor

Mon, 07 May 2012 00:00:00 +0200

Mobile internet usage skyrocketed in 2011. Both the number of mobile voice & data plans as well as the amount of data used per plan are on the increase. In a time span of 12 months, the amount of bytes consumers send with their mobile devices has practically doubled. The number of mobile-phone plans in the Netherlands that have broadband data plans has increased by 60 percent. These are some of the findings OPTA reports in its 2011 Market Monitor, which is a part of the regulator’s 2011 Annual Report it released today. The 2011 Annual Report reveals that OPTA has imposed 27 fines and 4 orders subject to periodic penalty payments. Because of ongoing legal proceedings, OPTA is unable to disclose any of the fines. In 2011, approximately 134 people were employed with OPTA. These employees have taken 944 actions, preventing harm to competition or consumers. These actions varied from explaining regulations to issuing written warnings or imposing a fine.

Acting Chairman Mark de Jong reacts to the Annual Report’s release: ‘It is virtually impossible nowadays to imagine a world without internet. In addition, consumers increasingly use their mobile devices to go online. Trends such as these present new regulatory challenges to OPTA, for example, with regard to issues such as net neutrality, internet security, and protection of privacy. Sometimes these challenges call for active intervention, and sometimes for us having the courage to let go. For example, what we do in these kinds of situations is sit down with consumers and businesses.’

Market developments in 2011:
Mobile telephony. In 2011, the number of mobile-phone connections slightly increased, from 19.2 million at the end of 2010 to 19.8 million in the third quarter of 2011. In that same period, the number of mobile-phone plans with broadband data plans jumped from 5 million to almost 8.2 million. Data use has increased from 3.2 petabyte in the first half of 2010 to 5.9 petabyte in the first half of 2011. For the first time ever, OPTA observed a decrease in the number of SMS messages sent. Whereas almost 6 billion messages were sent in the second half of 2010, this number dropped to over 5.8 billion in the first half of 2011.

Fixed telephony. With the rise of mobile phones and internet, landlines have become less and less popular. Landline voice traffic decreased by roughly 5 percent, from 5.4 billion minutes in the third quarter of 2010 to over 5.1 billion minutes in the third quarter of 2011.

Television. In the third quarter of 2011, consumers had over 7.6 million television subscriptions. Digital television rose from 65 percent to 75 percent in 12 months time. The number of households with only analog television decreased in two years time from over 3 million to over 1.8 million. Last year, approximately 11 percent of households switched television providers.

Bundles. Seventy percent of households (5.2 million) combine two or more services from a single provider in a bundle. At the end of the first half of 2011, approximately 37 percent of households (over 2.7 million) had a triple-play bundle, which combines broadband internet access, fixed telephony and television. That number was 30 percent at the end of the first half of 2010. So in 12 months time, half a million households switched to triple play (cable, DSL or optic fiber).

Promoting competition
In 2011, OPTA set its regulatory regime for the period of 2012 through 2014 for fixed telephony, television, internet access, and business network services. Consumers are offered more and more choice with regard to telephony, internet and television. That is why OPTA rolled back the rules concerning KPN in the consumer market, and it decided not to take any action in the television market. In the business communication markets, however, market participants are to still dependent to such a degree on getting access to KPN’s national infrastructure that OPTA needs to impose strict rules on KPN. On top of that, OPTA put KPN under increased supervision at the end of 2011.

Consumer protection
ConsuWijzer. ConsuWijzer is the consumer information portal that is jointly operated by OPTA, the Netherlands Consumer Authority and the Netherlands Competition Authority (NMa). Its website (ConsuWijzer.nl) had almost 2.3 million hits in 2011. Approximately 85,000 reports were filed about problems consumers had with product or service purchases. Almost a third of these complaints were telecommunication or postal-related. Most complaints involved consumer annoyance over telemarketing, followed by complaints about mobile-phone plans and bundles.

Telemarketing and spam. The category that topped the list of telemarketing complaints in 2011 was lotteries (26 percent), followed by energy suppliers (16 percent), and telephony & television (14 percent). The fines OPTA imposed in 2011 totaled more than EUR 1 million for violations of telemarketing regulations. Fines were imposed on, among other organizations, energy suppliers E.ON and NUON, call center L&H Customer Contact, the umbrella organization for Dutch charities Goede Doelen Loterijen, and companies Sell-it and ALL4Call. ALL4Call was additionally fined for sending spam messages. On its special website on spam (www.spamklacht.nl), OPTA received 27,371 complaints about unsolicited emails, fax and SMS messages. OPTA in 2011 imposed spam-related fines totaling more than EUR 2 million.

Abuse related to premium-rate numbers (090x-numbers). OPTA in 2011 had nine 0900-numbers (general purpose) taken off the air within a day after it started receiving reports indicating abuse. In addition, OPTA revoked several 0906-numbers (adult entertainment) because of the risk these numbers were used for making scam calls.

Market figures for the fourth quarter of 2011

Tue, 01 May 2012 00:00:00 +0200

OPTA publishes new figures on the situation on the communication markets in its structural monitoring markets 2011 Q4.

Market Monitor 2011

Wed, 25 Apr 2012 00:00:00 +0200

The market monitor 2011 reflects important trends and competition developments in the markets, as well as the position of the end-user.

Annual report 2011

Wed, 25 Apr 2012 00:00:00 +0200

In the annual report, OPTA accounts for its activities and results in the year 2011. The abbreviated annual accounts give insight into OPTA’s financial house-keeping.

Market figures for the third quarter of 2011

Tue, 14 Feb 2012 00:00:00 +0200

OPTA publishes new figures on the situation on the communication markets in its structural monitoring markets 2011 Q3.

Buying power for the purchase of call origination to 0800 numbers

Fri, 20 Jan 2012 00:00:00 +0200

The Dutch Independent Postal and Telecommunication Authority (OPTA) commissioned a study into call origination for calling Dutch toll-free numbers, so-called 0800 numbers. With toll-free numbers, the company or organisation behind such numbers, which are called the ‘number user’, pays the cost of the call, so it therefore buys call origination from the callers’ networks. This system creates a special market situation.

OPTA has received indications that mobile operators charge high tariffs for call origination. This study has revealed that parties that need 0800 numbers for fixed and mobile callers have no real alternatives. Number users thus have no effective buyer power. This situation leads to high tariffs. The Dutch Minister of Economic Affairs, Agriculture and Innovation has announced he will propose new measures to combat this situation. When these measures are unveiled, OPTA will assess whether they sufficiently address the aforementioned high tariffs.

Market figures for the second quarter of 2011

Fri, 21 Oct 2011 00:00:00 +0200

OPTA has published the second quarter and six monthly figures of the Structural Market Monitor 2011. This edition of the Structural Market Monitor gives an insight into the situation on the communication markets for mobile telephony, bundled services, broadband, television and fixed telephony. The following is a brief summary:

Mobile telephony: the number of connections increases
After a period of two years, the number of connections on the market for mobile telephony has increased by 3% to more than 21 million connections. The first six months of 2011 once again saw a slight increase in turnover for voice services (telephony) since 2010. Despite a slight fall in KPN's market share, relatively the proportions in the market remain unchanged.

Turnover of data services exceeded SMS services
In the first six months of 2011, the turnover of data services, for instance internet via mobile telephones, exceeded the turnover from SMS services (€400 million and €378 million respectively) for the first time. This was also the first six-month period in which the number of SMS messages sent fell relative to the previous six-month period (-2.5%). The fact that the turnover of SMS services nevertheless increased slightly could be explained (in combination with the increasing number of mobile connections) by the fact that consumers purchased more SMS messaging capacity as part of their subscription than they actually used.

Bundles: T-Mobile is a new provider of triple play subscriptions
The number of triple-play subscriptions (television, fixed telephony and internet) continued to increase in the first six months of 2011. This is the most popular combination of services with more than 2.5 million connections. As a new entrant to the segment for bundled services, T-Mobile has won over its first customers.

Television: 72% of subscribers have a subscription to digital television
The trends of the first quarter continued into the second quarter of 2011. 72% of Dutch television subscribers have a subscription to digital television. Ziggo remains the largest player in the Netherlands, followed by UPC and KPN.

Fixed telephony: digital telephony grew to 55% and the traffic volume fell
In the first six months, more than 55% of consumers had a digital telephony subscription (Voice-over-Broadband), and 45% still made use of an analogue connection. This translates into a slight fall in KPN's market share on the market for low capacity (mainly consumer) connections. The total volume of calls for fixed telephony fell by 3%, compared to the last six months of 2010, to slightly less than 11 billion call minutes.

Broadband: speed of internet subscriptions continues to rise
The number of DSL connections (KPN's copper network) fell further by 2%, while cable and fibre-optic connections increased (by +4% and 17% respectively). The total number of broadband connections continued to rise, from 6,330,000 to 6,393,000. KPN remains the largest player, while the market share of the runner-up, Ziggo, continued to increase, followed by UPC.
The average speed of internet subscriptions has increased further. Increasingly consumers have an internet speed of between 30 and 100 Mbps. The majority of residents of the Netherlands, however, still have a broadband connection of between 10 and 30 Mbps.

New Dutch regulator to be called ACM, the Netherlands Authority for Consumers and Markets. Merger of three regulators to be completed January 1, 2013

Tue, 04 Oct 2011 00:00:00 +0200

The Netherlands Authority for Consumers and Markets (ACM) will be the new name for the merged authority created by the combination of the Netherlands Consumer Authority, the Independent Post and Telecommunications Authority of the Netherlands (OPTA), and the Netherlands Competition Authority (NMa). This name is laid down in the bill concerning the establishment of the new authority, the proposal for which is currently at advisory stage. Chris Fonteijn, the Chairman-to-be of the new authority, reacts: ‘The name is succinct yet solid, one that immediately makes clear what the new authority stands for: making markets work in order to protect consumer interests.’

The consolidation of these three authorities is realized through two separate bills: the earlier mentioned establishment bill and a substantive bill. Mr. Fonteijn, currently still Chairman of the Board of the NMa and Chairman of the Commission of OPTA, explains: ‘The former bill concerns the creation of the new authority, making sure its independent position is properly secured.’ The new authority will be run by a board, consisting of three members, and governing in a spirit of collegiality. It will focus on three main themes: consumer protection, industry-specific regulation, and competition oversight. Governance anchored in collegiality will safeguard the coherence between these three themes. The substantive bill will simplify procedures, and streamline powers.

Market figures for the first quarter of 2011: television, fixed telephony and broadband

Thu, 25 Aug 2011 00:00:00 +0200

In its Structural Monitoring Markets, OPTA has published figures for the first quarter of 2011 on the situation in the communication markets, namely television, fixed telephony and broadband. The following is a brief summary.

Television: the trend towards digitisation is continuing
In the first quarter of 2011, the number of television subscriptions increased slightly (1 percentage point). The trend towards digitisation is continuing: more than 70% of television subscribers in the Netherlands has a subscription to digital television. Ziggo remains the largest player in the Netherlands, followed by UPC and KPN. UPC is losing market share. KPN and smaller (new) players, such as Tele2, are increasing their grip on the market.

Fixed telephony: a slight fall in the number of connections
The total number of fixed telephony connections fell compared to the previous quarter (from 7,138,000 to 7,232,000). KPN is losing market share, both with regard to low-capacity connections (one or two telephone lines per connections) and high-capacity connections (three or more telephone lines per connection). KPN’s market share in the low-capacity segment fell from between 60% and 65% to between 55% and 60% and in the high-capacity segment from between 70% and 75% to between 65% and 70%. Tele2 is gaining market share on both markets.

Broadband
The number of cable connections is growing at the expense of DSL. The growth in fibre-optic connections is also continuing. The market shares of the various providers have remained fairly stable. KPN is the largest player, followed by Ziggo and UPC.

Request for the turnover details providers for the purpose of determining OPTA’s regulating fee in 2012

Thu, 07 Jul 2011 00:00:00 +0200

OPTA charges market parties an annual fee to pay for the costs involved with its regulation. For this purpose OPTA requires the turnover details of all businesses providing electronic communication services in The Netherlands. The amount of the fee required for 2012 is based on the relevant net turnover in 2010.

This letter is the translation of the request in Dutch ‘Verzoek tot opgave omzetgegevens voor de vaststelling van OPTA’s toezichtskosten in 2012’ which can be found on www.opta.nl. In case of any difference with the original Dutch letter due to the translation, the original letter takes preference.