1.1.This Code is intended to:| (a) | promote the efficiency and international competitiveness of the information and communications industry in Singapore; | | (b) | ensure that telecommunication services are reasonably accessible to all people in Singapore, and are supplied as efficiently and economically as practicable and at performance standards that reasonably meet the social, industrial and commercial needs of Singapore; | | (c) | promote and maintain fair and efficient market conduct and effective competition between persons engaged in commercial activities connected with telecommunication technology in Singapore; | | (d) | promote the effective participation of all sectors of the Singapore information and communications industry in markets (whether in Singapore or elsewhere); | | (e) | encourage, facilitate and promote industry self-regulation in the information and communications industry in Singapore; and | | (f) | encourage, facilitate and promote investment in and the establishment, development and expansion of the information and communications industry in Singapore. |
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| Legal Authority to Promulgate this Code |
| 1.2.The Info-communications Development Authority of Singapore (“IDA”), in the exercise of its functions under section 6 of the Info-communications Development Authority of Singapore Act 1999 (Act 41 of 1999) (“IDA Act”), issues this Code pursuant to its authority under section 26(1) of the Telecommunications Act 1999 (Act 43 of 1999) (“Telecommunications Act”). |
| Legal Effect of This Code |
1.3.Every entity to which IDA grants a licence under section 5 of the Telecommunications Act (“Licensee”) is required, under section 26(4) of the Telecommunications Act, to comply with the applicable provisions contained in this Code.1 The obligations contained in this Code are in addition to those contained in the Telecommunications Act, other statutes, regulations, directions, licences or codes of practice. To the extent that any provision of this Code is inconsistent with the terms of the Telecommunications Act, other statutes, regulations, directions or the terms of any licence, the provisions of those statutes, regulations, directions or licences shall prevail. To the extent that this Code is inconsistent with the provision of any prior codes of practice issued by IDA or its predecessor, the Telecommunication Authority of Singapore (“TAS”), the terms of this Code will prevail. If any provision of this Code is held to be unlawful, all other provisions will remain in full force and effect. This Code repeals and fully supercedes the Code of Practice (Interconnection, Access and Infrastructure Sharing) issued by TAS.| 1 Section 75 of the Telecommunications Act provides that any licence granted by the Telecommunication Authority of Singapore under the repealed Telecommunication Authority of Singapore Act shall be deemed to have been granted by IDA under section 5 of the Telecommunications Act. |
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| Application of This Code to Specific Categories of Licensees |
1.4.The following chart indicates the applicability of various provisions of this Code to different categories of Licensees: | | | DOMINANT/NON-DOMINANT CLASSI-FICATION (SECTION 2) |
| | DUTY TO END USERS (SECTION 3) |
| | INTER-CONNECTION AND SHARING (SECTIONS 4-6) |
| | | COMPETITION (SECTIONS 7-9) |
| | | Dominant Facilities-based Licensees |
| | | | | | | | | Non-Dominant Facilities-based Licensees |
| | | | Subsections 3.1-3.2.7 Only |
| | All Provisions (except Subsections 5.3.1-5.3.5.8) |
| | | | | Services-based Licensees that use Switching or Routing Equipment to Provide Telecommunication Services to the Public |
| | | | Subsections 3.1-3.2.7 Only |
| | Section 4 (except subsections 4.2.3, 4.2.4 and 4.6.5) and section 5 (except subsections 5.3.1-5.3.5.8) Only |
| | | Subsections 7.1 -7.1.2, 7.3-7.4.4 and section 8 Only |
| | | Services-based Licensees that do not use Switching or Routing Equipment to Provide Telecommunication Services to the Public |
| | | | Subsections 3.1-3.2.7 Only |
| | | | Subsections 7.1-7.1.2, 7.3-7.4.4 and section 8 Only |
| | | Self-provisioning Licensees |
| | | | | | | | | Telecommunication Equipment Dealer Licensees |
| | | | Subsections 3.1-3.2.7 Only |
| | | | Subsections 7.1-7.1.2, 7.3-7.4.4 and section 8 Only |
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| 1.5.The following Regulatory Principles provide the foundation for this Code, and will guide IDA’s implementation of its provisions: |
| Reliance on Market Forces |
| 1.5.1.Market forces are generally far more effective than regulation in promoting consumer welfare. Competitive markets are most likely to provide consumers with a wide choice of services at reasonable prices. Therefore, to the extent that markets or market segments are competitive, IDA will place primary reliance on private negotiations and industry self-regulation, subject to minimum requirements designed to protect consumers and prevent anti-competitive conduct. Consistent with this principle, IDA will promote the establishment of a telecommunication industry body that will formulate technical and operational processes and procedures designed to promote effective competition in the provision of telecommunication services and equipment. |
| 1.5.2.Because of the effectiveness of market forces in promoting consumer welfare, IDA will take resolute measures to promote and maintain effective competition. This will include measures to foster competition in those markets that, in the past, were protected from competition by special or exclusive government-granted rights. |
| 1.5.3.To the extent that a given market is not yet competitive, significant ex ante regulatory intervention is likely to remain necessary. When this is the case, IDA will seek to impose regulatory requirements that are carefully crafted to achieve IDA’s stated goals. Such requirements will be no broader than necessary to achieve IDA’s stated goals. |
| 1.5.4.IDA’s regulatory requirements will reflect the phenomenon of convergence, which is eroding historic differences among platforms such as wireline, cable, wireless, and satellite. Regulatory requirements will be based on sound economic principles and, to the extent feasible, will be technology-neutral. Because the phenomenon of convergence is in its early stages, with different platforms subject to differing degrees of competition, the objective application of these principles may result initially in the imposition of different regulatory obligations on Licencees that use different platforms. |
| Elimination or Modification of Unnecessary Provisions of this Code |
| 1.5.5.As competition develops, regulation becomes less necessary and, in many cases, can be counter-productive. Therefore, IDA will strive to eliminate or modify the provisions of this Code to reflect the development of competition. The following 2 procedures will promote the implementation of this principle: |
| 1.5.5.1.At least once every 3 years, IDA will review this Code. As part of the triennial review process, IDA will provide an opportunity for public comment. IDA will eliminate or modify provisions that it determines, based on experience and the growth and development of competition, are no longer necessary. |
| Petitions for Elimination or Modification of Provisions of this Code |
| 1.5.5.2.Licensees may petition IDA to eliminate or modify any provision of this Code. The Licensee shall specify the provisions of this Code that it seeks to have eliminated or modified and shall provide a clear statement of the reasons why the Licensee believes that such action is justified. The Licensee may propose alternative approaches that, if adopted, would achieve IDA’s stated goals in a less burdensome manner. |
| Open and Reasoned Decision Making |
| 1.5.6.IDA will apply the provisions of this Code in a transparent manner. IDA will provide an opportunity for public comment in connection with material issues. Except to the extent a Licensee indicates and IDA agrees that information submitted to IDA is confidential, proprietary, commercially sensitive or raises law enforcement or national security concerns, comments will be made available to the public. In arriving at its decisions, IDA will give full consideration to the comments received. IDA generally will make available to the public its directions adopted pursuant to this Code, and will clearly explain the basis for its action. Where feasible, IDA will make available its decisions and directions on its website (www.ida.gov.sg). |
| Avoidance of Unnecessary Delay |
| 1.5.7.Recognising the need for Licensees to respond rapidly to changing market forces, IDA will strive to make all decisions and issue all directions pursuant to this Code within the timeframes specified herein and, in any case, as quickly as reasonably possible. |
| 1.5.8.IDA’s decisions and directions will be non-discriminatory. IDA will treat similarly situated Licensees on an equivalent basis. Where appropriate, IDA’s decisions and directions will reflect relevant differences between Licensees or categories of Licensees. |
| 1.5.9.Any Licensee that is adversely affected by a decision rendered or direction issued by IDA pursuant to this Code will have the opportunity to ask IDA to reconsider its decision or direction. IDA will consider those objections or representations and, where appropriate, will modify its decision or direction. Notwithstanding the above, any party that is aggrieved by any decision or direction of IDA may, within 14 days of the date on which the decision or direction is issued, appeal to the Minister for Communications and Information Technology (“Minister”) under sections 27 (4) and 69 of the Telecommunications Act. Unless IDA orders otherwise, the Licensee shall comply with its decision or direction until such time, if any, as the Minister reverses or modifies the decision or direction. |
| Reservations of Authority |
| 1.6.IDA reserves, among other things, the following rights: |
| Right to Grant Exemptions |
| 1.6.1.Where good cause is shown, IDA may grant exemptions from specific provisions of this Code. Such exemptions may be applied to individual Licensees or to specified categories of Licensees. An exemption may be on a one-time basis, temporary, permanent, for a fixed period or effective until the occurrence of a specific event. Where appropriate, IDA may grant exemptions subject to compliance with specified conditions. |
| 1.6.2.IDA reserves the right to modify this Code on its own initiative at any time. |
| Right to Waive or Suspend Code Provisions Where Necessary in the Public Interest |
| 1.6.3.IDA reserves the right to waive or suspend any provision of this Code in any situation in which such action is necessary in the public interest. |
| 1.7.This Code is written in “plain English.” IDA intends for the provisions of this Code to be interpreted in a manner that is consistent with the ordinary meaning of the terms used. In case of any ambiguity, IDA intends for this Code to be interpreted in the manner most consistent with the Regulatory Principles specified in subsections 1.5-1.5.9 of this Code. |
| Effective Date of this Code |
| 1.8.This Code will come into effect 14 days after the date on which it is published in the Gazette. |
| 1.9.This Code may be referred to as the “Telecom Competition Code.” |
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