Data-driven telecoms: navigating regulations

Regulation has a significant impact on global communications markets

Telco relationships with telecoms regulators and the governments that influence them are very important. For data-driven telecoms, telcos must now also understand the regulation of digital markets, and how different types of data are treated, stored and transferred around the world. Data-driven telecoms is an essential part of telecoms growth strategy. The massive growth enjoyed by the global tech giants, in contrast with the stagnation of growth in the telecoms industry, provides a significant lure for telcos, to harness data and become digital businesses themselves. Of course, this necessitates complying with digital regulations, and understanding their direction.

Additionally, by participating in digital markets, and digitising their own systems, telcos are necessarily working with and sometimes competing against the global digital, for whom this legislation is essential to their ongoing business practices. Political reaction against some practices of these digital giants is leading to some toughened stances on digital regulation around the world, and a tarnished public perception.

Most businesses are impacted by digital regulation to some extent, but it is those most deeply embedded in digital markets that feel it the most, especially the digital hyper-scalers. What do Google, Meta, Microsoft et al need to do differently as digital regulations evolve and new standards come into play? And for telcos, apart from compliance, are there opportunities presented by new digital regulations? How can telcos and the digital giants evolve their relationships with the entities that regulate them? Can they ultimately work together to create a better future based on the Co-ordination Age vision, or will they remain adversarial with lines drawn around profit vs public good?

What is digital regulation?

The report covers two important aspects of digital regulation for telecoms players – data governance and digital market regulations.

It does not cover a third theme in digital regulation – the regulation of potentially harmful content and the responsibilities of digital platforms in this regard. This is a complex and far-reaching issue, affecting global trade agreements, sparking philosophical debates and leading to some tricky public relations challenges for digital platform providers. However, for the purposes of this report we will set aside this issue and focus instead on data governance and the regulation of digital markets which have most direct relevance to telcos in particular.

Data governance is a large topic, covering the treatment, storage and transfer of all kinds of data. Different national and regional regulatory bodies may have different approaches to data governance rules, broadly depending on where they find the balance between prioritising security, privacy and the rights of the individual, against the need for a free flow of data to fuel the growth of digital industries.

Regulation around data governance also naturally splits into two areas, one concerning personal data, and the other concerning industrial data, with greater regulatory scrutiny focused on the former. The regulation of these types of data are necessarily different because concerns about privacy only really apply to data that can be associated with individual people, although there may still be requirements around security, and fair access to industrial data. Examples of data governance regulation are the EU’s General Data Protection Regulation (GDPR) concerning personal data, and The Data Act concerning industrial data, or the Data Privacy and Protection Act in the US. All of these examples will be discussed in greater detail in the main body of the report.

Enter your details below to download an extract of the report

Significant types of digital regulation

Source: STL Partners

Regulation specific to policing digital markets has emerged when regulatory bodies decide that general competition law is not sufficient to serve digital markets, and that more specific and tailored rules or reparations are needed. Like other forms of competition law, this regulation aims to promote fair and open competition and curb market participants deemed to possess significant market power. Regulations of this nature are always to some degree controversial, because the exact boundaries of what constitutes significant market power have to be defined, and can be argued to be arbitrary or incorrectly drawn. Examples of this type of regulation that will be discussed in depth later in the report are the Digital Markets Act in the EU, and the Innovation and Choice Online Act in the US.

A global perspective

The market for digital services is by its nature global. Digital giants like Google, Meta, Amazon and Apple are offering a wide variety of digital services, both b2b and b2c, all over the world. Those services will be provisioned using storage, compute power, and even human workforce, that may or may not be located in the country or even region in which the service is being consumed. Thus digital regulations, especially those concerning data governance, are globally significant.

A global market

Source: STL Partners

This report places significant focus on the regulatory agendas of the European Union and the United States. This is because these are two of the most significant and influential global powers in setting trends in digital regulation. This significance is gained partly by market size – in a global market such as that for digital services, regulations that cover a large number of potential customers are going to have more weight, and the European Union has a population of roughly 447mn, while the population of the US is around 332mn. The US also maintains its significant role in setting the digital regulatory agenda by actively seeking influence and leadership, while the EU has gained influence by being one of the most proactive, and stringent, regulatory bodies in the world.

Table of Contents

  • Executive Summary
  • Introduction
  • Important trends in data governance regulation
    • Regulation of the processing, storage and use of personal data
    • Regulation of industrial data
  • Regulation of digital markets
    • The Digital Markets Act: Governing digital monopolies
    • The US approach to digital market regulation
  • A global perspective – how EU and US digital regulation trends are spreading around the world
    • The Globalisation of the EU Regulation: The Brussels Effect
    • Digital Economy Governance in the US Foreign Policy
    • Digital in the EU-US Transatlantic Relationship
    • A Patchwork of Digital Agreements in Asia
    • A New Global Framework on Cross-Border Data Flows
  • Conclusion
    • Advice for Telcos

Related research

Enter your details below to download an extract of the report

NTT DoCoMo: The Digital Pathfinder

The need for telco transformation

Shrinking revenues in voice and data mean telcos need to change

Telcos are facing difficult times; as we wrote in a recent report – Which operator growth strategies will remain viable in 2017 and beyond? – the days of meteoric growth are in the past, and telcos need to find a new approach to prevent a dramatic decline in their revenues. This is not a new story; STL Partners has been writing about this phenomenon and the need for business model change since 2006. In the afore-mentioned report we discussed seven different growth strategies used by telcos between 2009 and mid-2016, and came to the conclusion that only one, which involves developing or acquiring new businesses and services, is viable for 2017 and beyond if the industry is to reignite sustainable growth.

Digital services are an important part of this growth strategy. In fact, as Figure 1 shows, STL Partners estimates that digital business should represent 25+% of Telco revenue by 2020 to avoid long-term industry decline.

Figure 1 – Transformation priorities are different for every operator

However, the move to digital is difficult for telcos, who have traditionally relied on an infrastructure-based business model. Digital businesses are very different, and to be successful here telcos will need to make a fundamental shift from their traditional infrastructure-based business model to a complex amalgam of infrastructure, platform, and product innovation businesses.

One of STL Partners’ global observations is that all operators have different goals in the pursuit of transformation. This was also true with the group in Singapore, as shown by the following chart of a vote on the priorities assigned to different transformation objectives.

NTT DoCoMo – an example for other operators

With this in mind, telcos need to think about how they will develop new businesses and services. NTT DoCoMo provides a useful example for other telcos because it has done more than any other operator globally to develop digital services.

However, some people claim that the Japanese mobile market is so unique that it does not provide a useful role model for telcos in other markets. STL Partners disagrees with this point of view. Although the Japanese mobile market does have some unique characteristics, in some cases what was originally thought of as “unique” has just been proved to be “advanced.” An example of this is the popularity of apps and the iPhone – before this it was claimed that Japanese consumers were more engaged than those in other markets with mobile games and gadgets – however, the worldwide popularity of the iPhone and smartphones has disproved this.

In fact, although not advanced in every area, the Japanese mobile market has experienced several key phenomena earlier than other countries, such as an early peak in revenues and market disruption from non-telcos. Therefore, STL Partners thinks telcos should be examining the Japanese market to help them prepare for the future challenges of their own. Examples of this can be found in NTT DoCoMo’s annual reports – as early as 1999 the company was talking about the need to develop new sources of revenue (such as digital services and machine-to-machine communications) because of the inevitable decline in voice.

We therefore think that, although telcos in different markets cannot replicate NTT DoCoMo’s strategy in Japan like-for-like, they can certainly adopt similar practices to help them succeed in the digital telco world.

 

  • Executive Summary
  • Introduction
  • Objectives
  • Methodology
  • The need for telco transformation
  • Shrinking revenues in voice and data mean telcos need to change
  • NTT DoCoMo – an example for other operators
  • A snapshot of the Japanese mobile market
  • NTT DoCoMo’s history
  • A mature home market…
  • Softbank disrupts the market
  • NTT DoCoMo’s digital journey
  • Early recognition of the telco challenge, but regulation dictates the direction of evolution
  • An incremental journey to digital success
  • Adapting to the post-iPhone world
  • Can NTT DoCoMo’s digital success work overseas?
  • What was i-mode and why did it fail outside Japan?
  • What can other operators learn from NTT DoCoMo’s digital journey?

 

  • Figure 1: Traditional telco revenues forecast to continue declining
  • Figure 2: NTT Corporation, NTT DoCoMo’s parent company
  • Figure 3: Japanese mobile subscriber data, 1999-2015
  • Figure 4: Japanese mobile operators’ annual revenues, 1994-2014
  • Figure 5: NTT DoCoMo quarterly revenue – by business segment
  • Figure 6: NTT DoCoMo’s digital innovation milestones
  • Figure 7: Before and after DoCoMo ID
  • Figure 8: +d’s social value in health, education and agriculture
  • Figure 8: i-mode subscriptions – a runaway success in Japan