Designation of Market Players with Significant Market Powers
One of the Authority's key functions is to promote and maintain fair and efficient market conduct and effective competition in Brunei Darussalam's telecommunications sector. The Authority issued regulatory Direction 2016-1: Direction on Designation of Market Players with Significant Market Power ("SMP") and their obligations on 23 March 2016, to lower entry barriers and give smaller or newer players the opportunity to attain a better competitive position in the sector.
The Direction distinguishes Market Players that are subject to competitive market forces from Market Players with SMP, whose conduct are not constrained adequately by competitive market forces. If a Market Player is designated as having SMP, additional regulatory requirements are imposed such as obligations to provide Infrastructure or Services to Customers, End Users or to other Market Players on reasonable, competitive, transparent, and non-discriminatory prices, terms and conditions and not limit the access of other Market Players in the relevant market. Market Players with SMP are also required to offer any Infrastructure or Service on a wholesale basis unless waived or exempted by the Authority. Market Players with SMP will further be required to obtain the Authority's approval for the tariffs on which it offers its Infrastructure or Services.
Effective from On 31 August 2019, Unified National Networks Sdn Bhd (UNN) has replaced Telekom Brunei Berhad (TelBru), Datastream Technology Sdn Bhd (DST) and Progresif Sdn Bhd designation as market players with SMP in the identified wholesale markets.
Click here to download the Regulatory Directive.
Net Neutrality, refers to the basic principle that Internet Service Providers (ISPs) must treat all data on the internet equally and is connecting you to all the content that you choose without discrimination or restriction i.e. network operators and internet service providers are not allowed to prioritise certain companies or types of data, charge for preferential access, or differentially charge by user, content, service or application on any data on the internet.
Net Neutrality is an issue pertinent in many countries because of its potential effect on the use of Internet and access to information by consumers and the claims that it deters innovation and dampens network investment and expansion. Net Neutrality has attracted global attention and debate because of concerns about the potential effect on the use of the internet and access to information.
AITI continues to serve its function as a telecommunications regulator while ensuring the ICT industry development by continuously monitoring global trends and developments in the sector, as well as any potential issues and challenges in the local landscape.
In 2018, AITI conducted an industry consultation on Net Neutrality which indicated no immediate concerns or issues in the country. In this regard, AITI have adopted three (3) guiding principles to Net Neutrality in Brunei Darussalam, i) No discrimination (by network operators and ISPs); ii)Transparency (of terms and services for customers to make informed decisions); and iii)Reasonable Traffic Management Practices (TMP) with these exceptions: national security, emergency services, law enforcement and content regulation.
AITI shall continue to monitor both local and global developments on this matter and welcomes any party that believes any practice or activity may be against the Net Neutrality principles in Brunei Darussalam to report it to AITI.