The Minister's Decision In Singtel's Appeal Against The IDA's Direction Dated 16 November 2005
The Minister for Information, Communications, and the Arts ("Minister") has, on 26 July 2006, issued his decision on SingTel's 30 November 2005 appeal against IDA's 16 November 2005 decision on reconsideration. The Minister's decision was to uphold IDA's 16 November 2005 decision on reconsideration in full.
The Press Release is as follows:
The Minister's Decision In Singtel's Appeal Against The IDA's Direction Dated 16 November 2005 In Relation To The Migration Of Line Sharing Licence To Local Loop/Sub Loop Licence
1. On 30 November 2005, Singapore Telecommunications Limited ("SingTel") submitted an appeal to the Minister for Information, Communications and the Arts under Section 69(7) of the Telecommunications Act against the Info-communications Development Authority's ("IDA") direction dated 16 November 2005 (“IDA's Direction”) directing SingTel to make certain amendments to its Reference Interconnection Offer ("RIO"). The appeal is in relation to clause 14.4 of Schedule 3B of the RIO, on the Migration of a Requesting Licensee ("RL")'s Line Sharing Licence to a Local Loop/Sub Loop Licence, where the supply by SingTel of POTS (Plain Old Telephone Service) to a Customer is cancelled, expires or terminates.
2. SingTel has requested that the Minister set aside IDA's Direction in respect of:
(a) the requirement under clause 14.4 of Schedule 3B of the RIO to migrate the RL's licence for a Shared Line to a licence for a Local Loop and Sub Loop licence without making an assessment of availability;
(b) without recovery of the costs for effecting a Migration.
As part of the Appeal, SingTel also requested for the allocation of Local Loops or Sub Loops during a Migration be subject to the same test of availability that applies to all other requests for Local Loops or Sub Loops under Schedule 3A of the RIO.
3. As part of the appeal process, the Minister carefully considered the representations from both the IDA and SingTel. The Minister took into consideration the policy objectives of promoting efficient and sustainable competition in the telecoms market in Singapore through the adoption of just, reasonable and non-discriminatory Interconnection Agreements involving a Dominant Licensee. In determining the issues under appeal, the Minister adopted the view that the RIO should contain terms and conditions that are reasonable and fair between SingTel and the RL, and consistent with the principles of the Code of Practice for Competition in the Provision of Telecommunication Services 2005.
4. Based on the issues brought up on appeal against IDA's Direction, the Minister's decision in this appeal is to uphold IDA's Direction in its entirety in the context of the appeal, specifically:
a) SingTel is to migrate the Requesting Licensee ("RL")'s Line Sharing licence to a Local Loop/Sub Loop licence where the supply by SingTel of POTS to a Customer is cancelled, expires, or terminates ("Migration"), according to clause 14.4 of Schedule 3B of the RIO, without making an assessment of availability that applies to all other requests for Local Loops or Sub Loops under Schedule 3A of the RIO; and
b) SingTel is to effect the Migration without recovery of the costs.
5. For the avoidance of doubt, the provision in clause 14.4 of Schedule 3B of the RIO, for SingTel to migrate the RL's licence for a Local Loop or Sub Loop back to a licence for a Shared Line if the Customer should subsequently require SingTel to re-supply [POTS] ("Backward Migration"), shall only apply in the scenario where the same Customer requests for reinstatement of SingTel's POTS at the same premise and that the Customer is still acquiring services from a RL supplied over the same line.
[Note] Clause 14.4 of Schedule 3B of the RIO states that if the Supply of POTS by SingTel to the Customer to whom the Requesting Licensee is supplying its services is cancelled, expires or terminates, SingTel shall migrate the Requesting Licensee's licence for a Shared Line to a licence for a Local Loop or Sub Loop. If that Customer should subsequently require SingTel to re-supply POTS, SingTel may migrate the Requesting Licensee's licence for a Local Loop or Sub Loop back to a licence for a Shared Line. For the avoidance of doubt, in either case, SingTel shall undertake the migration in such a manner that minimizes disruption to the Requesting Licensee's provision of DSL services to its customers and the Requesting Licensee shall not be subject to the application process under Schedule 3A or 3B (as the case may be) in order to effect the migration.
For more details on the RIO , please refer to IDA's website at www.ida.gov.sg
The Press Release is as follows:
The Minister's Decision In Singtel's Appeal Against The IDA's Direction Dated 16 November 2005 In Relation To The Migration Of Line Sharing Licence To Local Loop/Sub Loop Licence
1. On 30 November 2005, Singapore Telecommunications Limited ("SingTel") submitted an appeal to the Minister for Information, Communications and the Arts under Section 69(7) of the Telecommunications Act against the Info-communications Development Authority's ("IDA") direction dated 16 November 2005 (“IDA's Direction”) directing SingTel to make certain amendments to its Reference Interconnection Offer ("RIO"). The appeal is in relation to clause 14.4 of Schedule 3B of the RIO, on the Migration of a Requesting Licensee ("RL")'s Line Sharing Licence to a Local Loop/Sub Loop Licence, where the supply by SingTel of POTS (Plain Old Telephone Service) to a Customer is cancelled, expires or terminates.
2. SingTel has requested that the Minister set aside IDA's Direction in respect of:
(a) the requirement under clause 14.4 of Schedule 3B of the RIO to migrate the RL's licence for a Shared Line to a licence for a Local Loop and Sub Loop licence without making an assessment of availability;
(b) without recovery of the costs for effecting a Migration.
As part of the Appeal, SingTel also requested for the allocation of Local Loops or Sub Loops during a Migration be subject to the same test of availability that applies to all other requests for Local Loops or Sub Loops under Schedule 3A of the RIO.
3. As part of the appeal process, the Minister carefully considered the representations from both the IDA and SingTel. The Minister took into consideration the policy objectives of promoting efficient and sustainable competition in the telecoms market in Singapore through the adoption of just, reasonable and non-discriminatory Interconnection Agreements involving a Dominant Licensee. In determining the issues under appeal, the Minister adopted the view that the RIO should contain terms and conditions that are reasonable and fair between SingTel and the RL, and consistent with the principles of the Code of Practice for Competition in the Provision of Telecommunication Services 2005.
4. Based on the issues brought up on appeal against IDA's Direction, the Minister's decision in this appeal is to uphold IDA's Direction in its entirety in the context of the appeal, specifically:
a) SingTel is to migrate the Requesting Licensee ("RL")'s Line Sharing licence to a Local Loop/Sub Loop licence where the supply by SingTel of POTS to a Customer is cancelled, expires, or terminates ("Migration"), according to clause 14.4 of Schedule 3B of the RIO, without making an assessment of availability that applies to all other requests for Local Loops or Sub Loops under Schedule 3A of the RIO; and
b) SingTel is to effect the Migration without recovery of the costs.
5. For the avoidance of doubt, the provision in clause 14.4 of Schedule 3B of the RIO, for SingTel to migrate the RL's licence for a Local Loop or Sub Loop back to a licence for a Shared Line if the Customer should subsequently require SingTel to re-supply [POTS] ("Backward Migration"), shall only apply in the scenario where the same Customer requests for reinstatement of SingTel's POTS at the same premise and that the Customer is still acquiring services from a RL supplied over the same line.
[Note] Clause 14.4 of Schedule 3B of the RIO states that if the Supply of POTS by SingTel to the Customer to whom the Requesting Licensee is supplying its services is cancelled, expires or terminates, SingTel shall migrate the Requesting Licensee's licence for a Shared Line to a licence for a Local Loop or Sub Loop. If that Customer should subsequently require SingTel to re-supply POTS, SingTel may migrate the Requesting Licensee's licence for a Local Loop or Sub Loop back to a licence for a Shared Line. For the avoidance of doubt, in either case, SingTel shall undertake the migration in such a manner that minimizes disruption to the Requesting Licensee's provision of DSL services to its customers and the Requesting Licensee shall not be subject to the application process under Schedule 3A or 3B (as the case may be) in order to effect the migration.
For more details on the RIO , please refer to IDA's website at www.ida.gov.sg
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