The work's outcome may be found in the 2007 AWS spectrum auction framework and subsequent auctions, which now account for a significant portion of Canada's telecom/broadcast and internet policy inertia during the previous 15 years.The following are my ideas on why the policy failed. And why failure is irrelevant, as well as a sketch of a new policy strategy based on events since 2007.Key elements that led to the policy's failure were unique to the initial auction, while others carried over to subsequent auctions, and one was a vital policy choice that was unhelpfully left out of the framework.Timing. The auction took place in the immediate aftermath of the 2008 financial crisis and credit crunch. The financial scaling of new entrants began shortly thereafter and proved to be less than ideal.Continuity. The change of ministers in November 2008 was harmful. The policy creation process was initially directed by a minister who was familiar with and understood all proponents, market dynamics, and corporate ties throughout the industry. I intend no disrespect to others who followed, but I believe the minister who originated the policy would have had a bigger involvement in its implementation.Policy consistency. It was foolish for Cabinet to overrule a major CRTC judgment on one of the new entrants' foreign control status. The regulations, in my opinion, were obvious.
The auction funds from the new entrant should
have been preserved, the new entrant dismissed, and the spectrum re-bid, maybe with a set-aside. Given the high turnover among incumbents and new entrants, the government's efforts to retain one more new entry at the expense of time and political capital were disproportionate to their relevance.Usage. Spectrum deployment became, and continues to be, a severe concern. I'm not a proponent of "use it or lose it," but I wonder what would happen if governments enforced usage in a consistent and growing manner, including revoking licenses. In the private sector, a licensed public asset (in this example, underutilized spectrum) is transformed into a bankable asset. If it is simply accruing value on a corporation's balance sheet, it is a private benefit rather than a public one.Network access. Finally, the initial and subsequent policies left the issue of network access to commercial terms negotiated by commercial partners. Some preferred a third-party arbitration approach. Ultimately, in my opinion, its absence is the primary reason the policy failed. New entrants, particularly those unable to sell services or assets, had minimal bargaining power in "commercial" agreements with what were effectively oligopolies. Most players seeking to use a competitor's network infrastructure, then and now, do so only if it aligns with the owner's business objectives, at charges that reflect the interest level, which are frequently higher than financially justifiable and intrinsically anticompetitive.
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