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Competition Management

Code of Practice for Competition in the Telecommunications Sector
Code of Practice to Regulate Tariffs in the Telecommunications Sector 

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.  On 23 March 2016, the Authority issued Direction 2016-1: Direction on Designation of Market Players with Significant Market Power and their Obligations, to lower entry barriers and give smaller or newer players the opportunity to attain a better competitive position in the sector. 

Direction 2016-1: Direction on Designation of Market Players with Significant Market Power and their Obligations are revoked by the following Codes of Practice which take effect from 20 April 2020: 

  1. Code of Practice for Competition in the Telecommunications Sector (Competition Code).
  2. Code of Practice to Regulate Tariffs in the Telecommunications Sector (Tariff Code).

The regulated markets and Market Players with Significant Market Power in each regulated market immediately prior to 20 April 2020 remain in effect.

 



MARKET  ​
MARKET PLAYER(S) WITH SMP  ​ ​

Designations on

23 March 2016

Designations effective from

31 August 2019

Designations effective from

1 January 2020

Market 1: Wholesale SMS Termination on Mobile Networks DST and Progresif UNN UNN
Market 2: Wholesale Voice Termination on Mobile Networks DST and Progresif UNN UNN
Market 3: Wholesale Voice Termination on Fixed Networks TelBru UNN UNN
Market 4: Wholesale Leased Lines TelBru UNN UNN
Market 5: Wholesale Fixed Broadband Access TelBru UNN UNN
Market 6: Retail Domestic Fixed Line Voice Services TelBru TelBru -
Market 7: Retail Fixed Broadband Services TelBru TelBru -
Market 8: Retail Mobile Services DSTCom DSTCom -

 

The Competition Code aims to prevent anti-competitive behavior and ensure transparent, fair and equitable access to infrastructure and services.  This Code distinguishes Market Players that are subject to competitive market forces from Market Players with Significant Market Power, whose conduct is not constrained adequately by competitive market forces. If a Market Player is designated as having Significant Market Power, 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 regulated market. Market Players with Significant Market Power are also required to offer any Infrastructure or Service on a wholesale basis unless waived or exempted by the Authority. Market Players with Significant Market Power will further be required to obtain the Authority's approval for the tariffs on which it offers its Infrastructure or Services. 

The Tariff Code defines applicable costing methodologies for the regulated markets and describes tariff filing requirements for all Market Players. This is supported by the Advisory Guidelines for Tariff Notification and Approval which also takes effect from 20 April 2020 and explains the administrative processes and requirements associated with the Tariff Code. 

The Authority recognizes that the telecommunications environment is dynamic, and will continue to review and refine the frameworks to ensure their relevance in the industry. 

Click here  to download the Code of Practice for Competition in Telecommunications Sector (Competition Code)
Click here  to download the Code of Practice to Regulate Tariffs in the Telecommunications Sector (Tariff Code)
Click here to download the Advisory Guidelines for Tariff Notification and Approva


DIRECTION 2020-1: DIRECTION ON TELECOMMUNICATION TARIFFS 

As part of the Authority's functions to promote and maintain fair and efficient market conduct and effective competition in the telecommunications market sector, the Authority issued Direction 2020-1: Direction on Telecommunication Tariffs on 12 February 2020.  Direction 2020-1 was issued to Licensees engaged in the provision of public telecommunications infrastructure and/or public telecommunications services.  This revoked Direction No.1 of 2015: Direction to Rationalize Tariff in Brunei Darussalam's Mobile Communications Market. 

Direction 2020-1 requires Licensees to ensure that: 

  1. Customers and End Users must not be charged for incoming voice calls.
  2. Interconnection arrangements are made on a Sender Keeps All (SKA) basis.
  3. There is no price difference for voice services and messaging services originating and terminating on local fixed telecommunication networks, regardless of whether the End-User is on a prepaid or post- paid plan. 


GUIDING PRINCIPLES TO BE OBSERVED BY ALL MARKET PLAYERS IN THE TELECOMMUNICATIONS SECTOR

AITI has issued the following guiding principles to be observed by all Market Players in the public interest to ensure the reliability of the provision of any telecommunications services in Brunei Darussalam.

  1. Guiding Principles to Ensure the Continuity of the Provision of Telecommunication Services to the Public
    This provides guidance on subscriber engagement and communication regarding a service transition or a forced migration to a new service provider.

    Click here to download the Guiding Principles to Ensure the Continuity of the Provision of Telecommunication Services to the Public.

  2. Guiding Principles to Ensure Transparency for the Provision of Telecommunication Services to the Public
    This provides guidance about essential information which must be published and communicated to subscribers for product offerings.

    Click here  to download the Guiding Principles to Ensure Transparency for the Provision of Telecommunication Services to the Public


NET NEUTRALITY

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.