In exercise of the powers conferred by section 26(1) of the Telecommunications Act 1999, the Info-communications Development Authority of Singapore hereby issues the following Code:
TABLE OF CONTENTS
1.
INTRODUCTION
1.1
Goals of This Code
1.2
Legal Authority to Promulgate this Code
1.3
Legal Effect of This Code
1.4
Application of This Code to Specific Categories of Licensees
1.5
Regulatory Principles
1.5.1
Reliance on Market Forces
1.5.2
Promotion of Competition
1.5.3
Proportionate Regulation
1.5.4
Technological Neutrality
1.5.5
Elimination or Modification of Unnecessary Provisions of this Code
1.5.5.1
Regulatory Review
1.5.5.2
Petitions for Elimination or Modification of Provisions of this Code
1.5.6
Open and Reasoned Decision Making
1.5.7
Avoidance of Unnecessary Delay
1.5.8
Non-discrimination
1.5.9
Opportunity for Review
1.6
Reservations of Authority
1.6.1
Right to Grant Exemptions
1.6.2
Right to Modify
1.6.3
Right to Waive or Suspend Code Provisions Where Necessary in the Public Interest
1.7
Rule of Construction
1.8
Effective Date of this Code
1.9
Short Title
2.
CLASSIFICATION OF FACILITIES-BASED LICENSEES
2.1
Introduction
2.1.1
Application
2.1.2
Over-view
2.2
Categories of Licensees
2.2.1
Dominant Licensees
2.2.2
Non-dominant Licensees
2.3
Designation of Dominant Licensees
2.4
Assets Transfers
2.5
Classification and Reclassification of Licensees
2.5.1
Procedures
2.5.1.1
Grant or Renewal of the Licence
2.5.1.2
Reclassification by IDA of a Licensee
2.5.1.3
Petitions for Reclassification
2.5.2
Evidence to be Considered
2.5.2.1
Ability of Competitors to Replicate Facilities
2.5.2.2
Ability of Licensee to Restrict Output and Raise Prices
2.6
Exemption from Application of Special Dominant Licensee Requirements
2.6.1
Request for Exemption
2.6.2
IDA Review
3.
DUTY OF LICENSEES TO THEIR END USERS
3.1
Introduction
3.1.1
Application
3.1.2
Over-view
3.2
Duties of All Licensees
3.2.1
Duty to Comply with Minimum Quality of Service Requirements
3.2.2
Duty to Provide Periodic, Accurate and Timely Bills
3.2.2.1
Advanced Disclosure of All Prices, Terms and Conditions
3.2.2.2
Billing Timeliness
3.2.2.3
Billing Clarity
3.2.2.4
Compliance with Tariff or Contract Rates
3.2.2.5
No Charges for Unsolicited Telecommunication Services or Equipment
3.2.2.6
No Charges by Unauthorised Providers
3.2.3
Duty to Provide Procedures to Contest Charges
3.2.3.1
Right to Withhold Payment
3.2.3.2
Initiation of Challenge
3.2.3.3
Licensee Review
3.2.3.4
Conciliation
3.2.3.5
Private Dispute Resolution
3.2.4
Suspension or Termination of Service by Licensee
3.2.5
Prohibition on Excessive Early Termination Liabilities
3.2.6
Duty to Protect End User Service Information
3.2.6.1
Definition
3.2.6.2
Restriction on Use
3.2.6.3
End User Authorisation
3.2.7
Reporting Requirement
3.3
Special Duties of Dominant Licensees
3.3.1
Duty to Provide Service on Demand
3.3.2
Duty to Provide Service at Just and Reasonable Prices, Terms and Conditions
3.3.3
Duty to Provide Service on a Non-discriminatory Basis
3.3.4
Duty to File and Provide Service Pursuant to Tariffs
3.3.4.1
Information to be Included
3.3.4.2
Review Criteria
3.3.4.3
Review Procedures
3.3.4.4
Status of Effective Tariffs
3.3.5
Duty to Provide Unbundled Telecommunication Services
4.
REQUIRED COOPERATION AMONGST LICENSEES TO PROMOTE COMPETITION
4.1
Introduction
4.1.1
Application
4.1.2
Over-view
4.2
Minimum Interconnection Duties
4.2.1
Duty to Interconnect With Other Licensees
4.2.2
Duty to Establish Compensation Agreements for the Origination, Transit and Termination of Telecommunication Traffic
4.2.3
Duty to Provide Non-discriminatory Interconnection Quality
4.2.4
Duty to Prevent Technical Harm to the Network
4.2.5
Duty to Provide Billing Information
4.2.6
Duty to Preserve Confidential Information Provided by Other Licensees
4.2.7
Duty to Comply with Singapore Law
4.2.8
Duty to Submit to IDA All Interconnection Agreements
4.3
Enforcement of Interconnection Agreements
4.3.1
Duty to Co-operate
4.3.2
IDA Conciliation
4.3.3
Private Enforcement
4.4
Modification, Suspension or Termination of Interconnection Agreements by Mutual Agreement
4.4.1
Notification to IDA
4.4.2
Review by IDA
4.4.3
IDA Authorisation
4.4.4
Approval by IDA
4.5
Status of Agreements Entered Into Prior to the Effective Date of this Code
4.6
Other Duties
4.6.1
Duty to Disclose Interfaces
4.6.2
Duty to Comply With Mandatory Technical Standards
4.6.3
Duty to Facilitate Change of Service Providers
4.6.4
Duty to Assist in the Provision of Integrated Printed Directories and Directory Enquiry Service
4.6.5
Duty to Reject Discriminatory Preferences Regarding Support Facilities
4.6.6
Duty to Reject Discriminatory Preferences Regarding Space and Support at End User Premises
5.
INTERCONNECTION WITH DOMINANT LICENSEES
5.1
Introduction
5.1.1
Application
5.1.2
Over-view
5.2
Options for Entering into an Interconnection Agreement
5.3
Option One: Interconnection Pursuant to an Approved Reference Interconnection Offer
5.3.1
Duty to Develop a Reference Interconnection Offer
5.3.2
Contents of the Offer
5.3.3
Model Confidentiality Agreement
5.3.4
IDA Review
5.3.5
Minimum Requirements of the RIO
5.3.5.1
Absolute Prohibition on Discrimination in Favour of Affiliates
5.3.5.2
Physical Interconnection at Any Technically Feasible Location
5.3.5.3
Provision of Unbundled Network Elements and Unbundled Network Services
5.3.5.4
Provision of Essential Support Facilities
5.3.5.5
Co-location
5.3.5.5.1
Physical Co-location, Where Feasible
5.3.5.5.2
Space Limitations
5.3.5.5.3
Reservation of Capacity
5.3.5.5.4
Equipment That May be Co-located
5.3.5.5.5
Security Provisions
5.3.5.6
Pricing
5.3.5.7
Provision of Wholesale Services
5.3.5.8
Modification and Duration of the Agreement
5.4
Option Two: Interconnection Pursuant to an Existing Interconnection Agreement
5.5
Option Three: Interconnection Pursuant to an Individualised Interconnection Agreement
5.5.1
Duty to Negotiate in Good Faith With Any Licensee Requesting Interconnection
5.5.2
Negotiation Process
5.5.2.1
Request for Negotiation
5.5.2.2
Notification to IDA
5.5.2.3
Initiation of Negotiations
5.5.2.4
Confidentiality Agreement
5.5.3
Interim Interconnection Pursuant to RIO
5.5.4
IDA Conciliation
5.5.5
Voluntary Agreements
5.5.5.1
Terms of Agreement
5.5.5.2
IDA Review
5.5.6
Agreements Arrived at Via the IDA Dispute Resolution Procedure
5.5.6.1
Petition for IDA Dispute Resolution
5.5.6.2
Response to the Request
5.5.6.3
IDA Request for Additional Information
5.5.6.4
Binding Effect of Submissions
5.5.6.5
Effect of Failure to Respond
5.5.6.6
Resolution by IDA
5.5.6.6.1
Scope of the Dispute Resolution Procedure
5.5.6.6.2
Timing of the Dispute Resolution Procedure
5.5.6.6.3
Standards to be Applied
5.5.6.7
Implementation of Dispute Resolution Decision by Licensees
5.6
Publication of Interconnection Agreements
5.7
Enforcement of Agreements
5.8
Other Duties of Dominant Licensees
5.8.1
Duty to Allow Resale of End User Telecommunication Services
5.8.2
Duty to Allow Sales Agency
5.8.3
Duty to Tariff and Make Wholesale Telecommunication Services Generally Available
6.
INFRASTRUCTURE SHARING
6.1
Introduction
6.1.1
Application
6.1.2
Over-view
6.2
Definition of Sharing
6.3
Procedures for Requesting Sharing
6.3.1
Request to Licensee Controlling the Infrastructure
6.3.2
Request to IDA
6.3.3
Response by Licensee
6.3.4
Timing of IDA Decision
6.4
Standards by Which IDA Will Determine Whether to Require Sharing
6.4.1
Critical Support Infrastructure
6.4.2
Public Interest
6.5
Designation of Infrastructure That Must be Shared
6.6
Implementation of IDA Direction
6.6.1
Voluntary Negotiations
6.6.2
IDA Dispute Resolution Procedures
6.6.3
Compensation for Sharing
7.
UNFAIR METHODS OF COMPETITION
7.1
Introduction
7.1.1
Application
7.1.2
Over-view
7.2
Abuse of Dominant Position in the Singapore Market
7.2.1
Pricing Abuses
7.2.1.1
Predatory Prices
7.2.1.2
Price Squeezes
7.2.1.3
Cross-subsidisation
7.2.2
Other Abuses
7.2.2.1
Discrimination
7.2.2.2
Predatory Network Alteration
7.3
Abuse of Market Dominance in a Foreign Market
7.4
Unfair Methods of Competition
7.4.1
False or Misleading Claims
7.4.2
Degradation of Service Available or Quality
7.4.3
Provision of False or Misleading Information to Competitors
7.4.4
Interference with End User or Supplier Relationships
8.
AGREEMENTS INVOLVING LICENSEES THAT UNREASONABLY RESTRICT COMPETITION
8.1
Introduction
8.1.1
Application
8.1.2
Over-view
8.2
Determining the Existence of an Agreement
8.3
Prohibited Agreements Between Licensees Providing Competing Telecommunication Services and Equipment
8.3.1
Price Fixing/Output Restrictions
8.3.2
Bid Rigging
8.3.3
Geographic Market and Customer Divisions
8.3.4
Group Boycotts
8.3.5
Agreements Necessary for Legitimate Collaborative Ventures
8.4
Agreements Between Licensees Providing Competing Telecommunications Services or Equipment That Will be Assessed Based on Competitive Effects
8.4.1
Business Purpose of the Agreement
8.4.2
Likelihood of Competitive Harm
8.4.3
Efficiencies
8.5
Agreements Between Licensees and Entities at Different Levels in the Supply Chain
8.5.1
Vertical Price Fixing
8.5.2
Vertical Market Allocation
8.5.3
Exclusive Dealing
9.
CONSOLIDATIONS BY FACILITIES-BASED LICENSEES THAT ARE LIKELY TO UNREASONABLY RESTRICT COMPETITION
9.1
Introduction
9.1.1
Application
9.1.2
Over-view
9.2
Duty of All Licensees to Obtain IDA Approval
9.2.1
Assignments of a Licence
9.2.2
Change in Ownership, Shareholding or Management of a Licensee
9.3
Standard for Approval
9.4
Procedures
9.5
Action by IDA
9.5.1
Grant of the Application
9.5.2
Denial of the Application
9.5.3
Grant of the Application, Subject to Conditions
9.5.3.1
Non-discrimination Requirements
9.5.3.2
Accounting Separation
9.5.3.3
Structural Separation
9.5.3.4
Partial Divestiture
9.5.3.5
Other Pro-competitive Conditions
10.
ENFORCEMENT OF THIS CODE
10.1
Introduction
10.1.1
Applications
10.1.2
Over-view
10.2
Specific Regulatory Principles
10.2.1
Timeliness
10.2.2
Open and Reasoned Decision Making
10.2.3
Proportionality
10.3
IDA Enforcement Actions
10.3.1
Procedures
10.3.1.1
Notification of Licensee
10.3.1.2
Opportunity to Respond
10.3.1.3
Request for Further Information
10.3.1.4
Interim Direction to Cease and Desist
10.3.2
Enforcement Actions
10.3.2.1
Warnings
10.3.2.2
Orders to Cease and Desist
10.3.2.3
Directions by IDA
10.3.2.4
Financial Penalties
10.3.2.4.1
Aggravating Factors
10.3.2.4.2
Mitigating Factors
10.3.2.5
Suspension or Cancellation of the Licence
10.4
Private Requests for Enforcement
10.4.1
Procedures
10.4.2
Enforcement Action
APPENDIX ONE:
PRINCIPLES GOVERNING THE PRICING OF INTERCONNECTION RELATED SERVICES
APPENDIX TWO:
PRICE, TERMS AND CONDITIONS AT WHICH A DOMINANT LICENSEE MUST OFFER TO PROVIDE INTERCONNECTION RELATED SERVICES