Tuesday 27 November 2007

Duncan, read this: 3 laws, and there's more...

In response to Duncan, I found three laws & legislations regarding competitive telco market in Singapore. There's more, but I'm letting you guys figure them out yourself. I'm not a law school student.

I understand there's loopholes in the laws below, and that there's a revision next year [it's every 3 years.]. But heck, I don't see any yet. Good luck, Apple.

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Telecom Competition Code 2005
4.2.1.3 Duty to Provide Unbundled Telecommunication Services


A Dominant Licensee must provide telecommunication services on an unbundled basis. Specifically, the Dominant Licensee must not require a Customer that wants to purchase a specific telecommunication service, as a condition for purchasing that telecommunication service, to also purchase any other telecommunication service or non-telecommunication service or equipment. However, the Dominant Licensee may offer Customers the option of purchasing a package that contains multiple telecommunication and non-telecommunication services or equipment.

Link: http://www.ida.gov.sg/doc/Policies%20and%20Regulation/Policies_and_Regulation_Level3/TCC/TCC_2005.pdf

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IDA Telecom Competition Guideline
3.2.3 Other Types of Conduct That May Constitute an Abuse of Dominant Position

(c) Tying. Licensees may provide Customers with the option of purchasing separate telecommunication services and equipment in a single package. Such packages, which may be offered at a reasonable discount, often benefit Customers.

However, Sub-section 4.2.1.3 of the Code provides that a Dominant Licensee must not require a Customer to purchase any other service of equipment as a condition for purchasing a specific telecommunication service. In addition, a Dominant Licensee may abuse its dominant position where it requires a Customer that purchases a telecommunication service that is not subject to effective competition to purchase other services or equipment, especially if those services or equipment are subject to a greater degree of competition. Such requirements, even if offered as an option, may foreclose competition in a significant portion of an otherwise competitive market. "


Link: http://www.ida.gov.sg/doc/Policies%20and%20Regulation/Policies_and_Regulation_Level3/TCC/IDA_Telecom_Competition_Guidelines.pdf

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TELECOMMUNICATIONS ACT (CHAPTER 323)
7. UNBUNDLED NETWORK SERVICES

7.1 Unbundled network services (‘‘UNS’’) are telecommunication network services that Facilities-based and Services-based Licensees need to have cost-based access to in order to provide a competing telecommunication service. IDA will find that telecommunication network services are UNS if the services:

(a) are technically or operationally required to provide a competing service; and
(b) cannot be self-provisioned, or obtained from a source other than the Dominant Licensee, at commercially reasonable rates.


Link: http://www.ida.gov.sg/doc/Policies%20and%20Regulation/Policies_and_Regulation_Level3/TCC/RIO_Requirements.pdf

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IDA is the InfoComm Development Authority, the governing agency for Telcos, amongst other things, in Singapore. They have, in the far past, fined M1 for locking Nokia phones with their own SIM card, making the only opponent then, SingTel, unable to be used on the phone. Although the SIM slot in iPhone is accessible, it still has bundling.

What I'm trying to say is that IDA has a "don't mess with me or get your ass whipped and lose in the market" kind of power. [look where M1 is now. Number 3. Last place.] So, when iPhone comes to Singapore, it's going to be an interesting show. Just wait & see.......

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