One of the Authority's key functions is to promote and maintain fair and efficient market conduct and effective competition in Brunei Darussalam's telecommunications sector. On 23 March 2016, the Authority issued Direction 2016-1: Direction on Designation of Market Players with Significant Market Power and their Obligations, to lower entry barriers and give smaller or newer players the opportunity to attain a better competitive position in the sector.
Direction 2016-1: Direction on Designation of Market Players with Significant Market Power and their Obligations are revoked by the following Codes of Practice which take effect from 20 April 2020:
The Competition Code aims to prevent anti-competitive behavior and ensure transparent, fair and equitable access to infrastructure and services.
This Code distinguishes Market Players that are subject to competitive market forces from Market Players with Significant Market Power, whose conduct is not constrained adequately by competitive market forces. If a Market Player is designated as having Significant Market Power, additional regulatory requirements are imposed such as obligations to provide Infrastructure or Services to Customers, End Users or to other Market Players on reasonable, competitive, transparent, and non-discriminatory prices, terms and conditions and not limit the access of other Market Players in the regulated market.
Market Players with Significant Market Power are also required to offer any Infrastructure or Service on a wholesale basis unless waived or exempted by the Authority. Market Players with Significant Market Power will further be required to obtain the Authority's approval for the tariffs on which it offers its Infrastructure or Services.
Competition Code
The Tariff Code defines applicable costing methodologies for the regulated markets and describes tariff filing requirements for all Market Players. This is supported by the Advisory Guidelines for Tariff Notification and Approval which also takes effect since 1 October 2018 and explains the administrative processes and requirements associated with the Tariff Code.
The regulated markets and Market Players with Significant Market Power in each regulated market immediately prior to 20 April 2020 remain in effect.
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IDENTIFIED MARKETS / SERVICES |
MARKET PLAYER(S) WITH SIGNIFICANT MARKET POWER
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|---|---|---|---|
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Designations on 23 March 2016 |
Designations effective from 31 August 2019 | Designations effective from 01 January 2020 | |
| Market 1: Wholesale SMS Termination on Mobile Networks | DST and Progresif | UNN | UNN |
| Market 2: Wholesale Voice Termination on Mobile Networks | DST and Progresif | UNN | UNN |
| Market 3: Wholesale Voice Termination on Fixed Networks | TelBru | UNN | UNN |
| Market 4: Wholesale Leased Lines | TelBru | UNN | UNN |
Market 5: Wholesale Broadband Access |
TelBru (Fixed) |
UNN (Fixed and Mobile) |
UNN (Fixed and Mobile) |
| Market 6: Retail Domestic Fixed Line Voice Services | TelBru | TelBru | - |
| Market 7: Retail Fixed Broadband Services | TelBru | TelBru | - |
| Market 8: Retail Mobile Services | DSTCom | DSTCom | - |
The Authority recognises that the telecommunications environment is dynamic, and will continue to review and refine the frameworks to ensure their relevance in the industry.