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Tariff Regulation Framework

Tariff Regulation Framework
In order to ensure that the telecommunications and broadcasting services remain affordable to all levels of society in Brunei Darussalam and to ensure fair and sustainable competition in the provision of these services, the AITI have developed a Code of Practice to Regulate Tariffs in the Telecommunications and Broadcasting Sectors (Tariff Code of Practice).
The Tariff Code of Practice is one of the several regulatory measures being introduced by the AITI to create a converged regulatory framework for Brunei Darussalam including the development of the Competition Code. Consistent with the Competition Code, the Tariff Code of Practice distinguishes between the general obligations of all Market Players and those Market Players that have been found to have Significant Market Power (SMP) with respect to certain services.  The Tariff Code of Practice identifies those services that when supplied by a Market Player with SMP will need to be calculated in line with a specific methodology and be subject to AITI’s written approval, this is referred to as ex ante regulation.  The Tariff Code of Practice also identifies the specific methodologies to be applied for ex ante regulation.  All Market Players are obliged to file all tariffs with the AITI. Market Players without SMP do not require AITI’s prior approval before offering the service/tariffs, however, should there be a need, AITI has the right to revisit any service/tariffs and carry out an assessment using ex post assessment methodologies that are also identified in the Tariff Code of Practice.  Likewise, rules have been established for infrastructure sharing.
The services subject to ex ante tariff regulation were shared with the industry players (particularly with the telecommunications and broadcasting operators) in October 2013 in order to seek the stakeholders’ views on the proposed Tariff Regulation Framework. After receiving stakeholders’ responses, the AITI concluded its position and this has been summarized in a report Review of Stakeholders Written Responses to Consultation Paper for the Tariff Regulation Framework for Telecommunications and Broadcasting Sectors in Brunei Darussalam for public reference.
The Tariff Code of Practice will be published at a later date.