The Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) has the powers to enforce compliance with the Telecommunications Order, 2001 together with all associated subsidiary legislation and regulatory measures implemented under the same order. Enforcement activities aim to promote a culture of compliance for all stakeholders, including the general public.
Enforcement Guideline Principles (EGP)
The EGP describes the Authority's approach towards compliance and enforcement matters and sets out criteria to be considered to assist the Authority to make better decisions, ensure proportionality of action and ensure that action taken is aligned with relevant regulatory principles.
This provides transparency about the exercise of the Authority's enforcement powers, heighten awareness about compliance and achieve the ultimate goal of self-regulation amongst the Authority's stakeholders.
The EGP document can be found here.
Summary of Offences
AITI Order, 2001
Description of offcence
Subsection (2) prescribes that it is an offence if a person refuses to give access to, or assaults, obstructs, hinders or causes delays an officer or employee of the Authority who is in the course of carrying his duties or he refuses to give any information or produce any documents required of him without providing lawful excuse or fails to comply with a lawful demand of such officer or employee.
Penalties
This offence carries a penalty of:
- A fine not exceeding $5,000;
- imprisonment for a term not exceeding 12 months; or
- both.
Description of offcence
Under sub-section (1), members, officers, employees, and agents of the Authority, or the members of a committee of the Authority, are prohibited from disclosing or giving away any information relating to the affairs of:
- the Authority; or
- any other person, where the information has been obtained by such member, officer, employee or agent, or member of committee in the performance of his duties or the exercise of his functions
Except where such disclosure is:
- for the purposes of the performance of duties or the exercise of functions of such member, officer, employee or agent;
- lawfully required by any court; or
- lawfully required under the provisions of any written law.
Penalties
The disclosure or giving away of information as described under this section entails a penalty of:
- A fine not exceeding $2,000;
- imprisonment for a term not exceeding 12 months; or
- both.
Description of offcence
According to subsection (2), it is an offence if a person uses a symbol or representation identical with that of the Authority, or which so resembles the Authority’s symbol or representation as to deceive or cause confusion, or to be likely to deceive or to cause confusion to others.
Penalties
This offence is punishable with:
- A fine not exceeding $2,000;
- imprisonment for a term not exceeding 6 months; or
- both.
Telecommunications Order, 2001
Description of offcence
In order to address a licensee who is contravening, or has contravened –
- any of the conditions of the licence or part thereof;
- any provision of any code of practice or standard of performance; or
- any direction of the Authority given under section 27
the Authority may take the following actions:
- issue a written order to secure their compliance; or
- require payment of a financial penalty not exceeding $1 million as it thinks fit
However, if the Authority is convinced that the licensee is likely to commit another contravention, then the Authority may take the following actions instead:
- cancel the licence, in part or in whole;
- suspend the licence, in part or in whole;
- reduce the length of time for which the licence shall be valid.
A person who has refused to comply with the written order furnished in accordance with sub-paragraph (i) has committed an offence.
Penalties
As per section 68 of the Telecommunications Order, the penalty for non-compliance with the Authority’s written order in sub-section (i) is as follows:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
By virtue of subsection (3), the failure of the developer/owner of the building or any telecommunication licensee to comply with the Authority’s direction on the provision of installation, plant or system or space or facilities where the Authority considers necessary is an offence.
Penalties
As per section 68 of the Telecommunications Order, this offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
The Authority has the power to direct a telecommunication licensee to share their installation, plant or system used for telecommunications with another person. Failure to comply with the Authority’s direction to share is an offence.
Penalties
As per section 68 of the Telecommunications Order, this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
In subsection 5, it is provided that only a licensed telecommunication cable detection worker is permitted to commence or carry out cable detection work in order to locate underground cables within the vicinity of any telecommunication cable of a telecommunication licensee. Engaging non-qualified personnel to undertake cable detection work is an offence.
Penalties
With reference to section 68, this offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
By virtue of subsection (6), the non-conformance with conditions and duties that relates to the telecommunication cable detection work that needs to be carried out before earthworks as set out in subsection (1) or (3) is an offence.
Penalties
In accordance with subsection (6), the penalty for this offence is:
- A fine not exceeding $100,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Subsection (1) explains that it is an offence if a person, not being a licensed telecommunication cable detection worker, conducts himself in any way or by any means as a person who is a licensed telecommunication cable detection worker.
Penalties
It is provided in the same subsection (1) that this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Any person who wishes to carry out excavation works involving digging, boring, trenching, grading or breaking into the earth using any mechanical equipment or explosive has a duty to locate underground telecommunication cables prior to proceeding with such excavation work. Failure to do so prior to carrying out such excavation work is an offence.
Penalties
With reference to section 68, this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Pursuant to subsection (1), it is an offence when a person without a license granted to him, establishes, installs, maintains, provides or operates a telecommunication system or service within Brunei Darussalam or otherwise infringes the privilege for the operation and provision of telecommunication systems and services in Brunei Darussalam.
Penalties
As per subsection (2) of this section 33, this offence carries a penalty of:
- A fine not exceeding $100,000;
- imprisonment for a term not exceeding 3 years; or
- both.
A further fine not exceeding $10,000 shall be imposed for every day in the case of a continuing offence.
Description of offcence
Subsection 3 of Section 33 sets out the liability of persons who has established, installed, maintained, provided or operated a telecommunication system or service within Brunei Darussalam without a license in the context of the extent of such system or service. All in all, liability is confined to those persons operating such illegal telecommunication system or service within Brunei Darussalam only.
Penalties
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Description of offcence
According to Section 34(1), it is an offence when a person, without a license granted to him under section 5,
- offers for sale, sell or possess for sale any telecommunication or
- has in his possession radio-communication equipment.
Penalties
As per section 68, this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Under subsection (1), it is an offence to for a person to establish, install, maintain, provide or operate a radio-communication system or service, or any radio-communication equipment in any place or on board any vessel, aircraft or in any vehicle in Brunei Darussalam without a valid licence.
A person who has been found to possess a radio-communication equipment shall be assumed to operate such radio-communication equipment, unless he can prove otherwise.
Penalties
With reference to section 68, establishing, installing, maintaining, providing or operating a radio-communication system or service without a valid licence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
By virtue of subsection (3), it is an offence when an occupier of any dwelling-house or premises in which is installed any radio-communication equipment in respect of which a licence is not in force.
Penalties
As per section 68, this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
During investigations, police officers – not below the rank of inspectors – may seal any telecommunication system or equipment, or any radio-communication system or equipment, if they find that it is not practicable to remove them from where it is found because of its nature, size or amount. It is an offence to break, tamper, or damage the seal placed by a police officer.
Penalties
In accordance with section 68, breaking, tampering, or damaging the seal placed by a police officer is an offence carrying a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
It is an offence for a person to use a telecommunication system or service which he knows or have reason to believe that such telecommunication system or service has been established, installed, operated or provided in contravention of the Telecommunications Order, whether or not such system or service is connected or provided through a public communication licensee’s installation or plant.
Penalties
With reference to section 68, this offence entails a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Under subsection (1), it is an offence to intentionally obstruct the course of business of a public telecommunication licensee, or to assault or intentionally obstruct or impede, or to incite anyone to obstruct or impede an officer or employee of a public telecommunication licensee as he performs his duty.
Penalties
As per section 68, this offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
It is an offence for a person to damage, remove, tamper with, or touch any installation or plant or any part of thereof used for telecommunication, or interferes with the radio-communication service or system with the intent to prevent or obstruct the transmission of any message or intercept himself with the contents of any message or commit mischief by any means.
Penalties
By virtue of the same section 41, the offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Under section 42 at paragraph (a) of sub-section (1), it is an offence for an officer, employee or agent of a public telecommunication licensee to wilfully secrete, make away with or alter any message or record of any message.
Except in obedience to an order under the hand of the Minister or the direction of a court, at paragraph (b) of the same sub-section (1), it is further an offence for an officer, employee or agent of a public telecommunication licensee to:
- willfully omit to transmit or intercept or acquaint himself with or detain any message or part thereof; or
- deliberately cause a call or connection to be disconnected or not to be disconnected.
However, as per sub-section (2) of this section, paragraph (b) as described above does not apply where such an act is done to:
- install a telecommunication line, equipment, or for the purposes of the operation or maintenance of a telecommunication system; or
- trace the origin of any telephone call at the request of the subscriber of a telecommunication service.
Penalties
With reference section 68, these offences carry a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
It is an offence for a person to dishonestly use or permits another person to use services provided by a licensed telecommunication service provider with intent to avoid payment charged for such provision of service.
Penalties
As provided within the same section 43, the offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
It is an offence for a person to have in his possession a device which allows him, or any other person, to obtain a telecommunication service free-of-charge. A person who is found to supply or offer to supply such a devise is also guilty of an offence.
Penalties
As per subsection (5) of this section 44, this offence carries a penalty of:
- A fine not exceeding $100,000;
- imprisonment for a term not exceeding 10 years; or
- both.
Description of offcence
It is an offence for a person to transmit or cause to be transmitted a message which he knows to be false or fabricated.
Penalties
As provided within the same section 45, if the information relates to the presence in any location of a bomb:
- A fine not exceeding $50,000;
- imprisonment for a term not exceeding 7 years; or
- both.
If it relates to any other case:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
A person who receives a message or record of a message intended for delivery to another person must duly transmit such message or record of a message to that other person, and that person only.
Any person who fraudulently retains or willfully secretes, or detains a message or record of a message which should be delivered to another person is guilty of an offence.
On a similar note, a person who is required by a public telecommunication licensee to deliver such a message and who neglects to deliver or refuses to deliver the message has committed an offence.
Penalties
It is provided within the same section 46 that this offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Subsection (3) explains that where the commission by any person of an offence under subsection (1) is due to the act or default of some other person, that other person shall be guilty of the offence.
Subsection (1) relates to the obligation to obtain the written approval of the Authority to:
- lay or carry any mains, pipes, conduits or wires in, along, through, across, over or under any street or place in a manner which is likely to interfere with or cause damage to any installation or plant used for telecommunications; or
- affix any; placard, advertisement, notice or other thing in or on, or paint, tar or in any way disfigure any installation or plant used for telecommunications.
Penalties
With reference to subsection (6), this offence is punishable with:
- A fine not exceeding $10,000; and
- A further fine not exceeding $1,000 for every day or part thereof in the case of a continuing offence.
Description of offcence
It is an offence to put up any word, letter or mark which signifies or implies or may reasonably lead the public to believe that a house or place is part of a public telecommunication licensee’s installation or plant, except with the permission of a public telecommunication licensee.
Penalties
As per section 68, this offence attracts a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Subsection (1) prescribes that it is an offense for a person to wilfully remove, destroy or damage public telecommunication licensees’ installation or plant used for telecommunication purposes.
Penalties
As provided in the same subsection (1), this offence carries a penalty of:
- A fine not exceeding $50,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Subsection (2) provides that any person who has damaged any cable of a telecommunication system belonging to or under the management or control of a telecommunication system licensee during the course of carrying out earthworks has committed an offence.
Penalties
As provided in the same subsection (2), the penalty for this offence is:
- A fine not exceeding $1 million;
- imprisonment for a term not exceeding 5 years; or
- both.
Description of offcence
By virtue of subsection (1), it is an offence for a person who, with fraudulent intent, erases or removes from any device, any mark put or impressed upon the device denoting that the same has been used, sells or uses any such device.
Penalties
As provided in the same subsection (1), this offence attracts a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Non-compliance with the Authority’s direction to disconnect an unapproved telecommunication system or equipment from the telecommunication system or equipment of a telecommunication system licensee is an offence.
Penalties
With reference to section 68, this offence carries a penalty of:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.
Description of offcence
Subsection (1) of section 62 confers upon the Authority the power to compel any person to furnish any information or document pertaining to any telecommunication service or system for the purposes of discharging its function under the Telecommunications Order.
Subsection (6) makes it an offence if there is non-compliance of subsection (1) or if a person intentionally alters, suppresses or destroys any document or information required or makes a false or reckless statement when furnishing or transmitting any information required of him under subsection (1).
Penalties
This offence is punishable with:
- A fine not exceeding $5,000;
- imprisonment for a term not exceeding 12 months; or
- both.
A further fine not exceeding $50 shall be imposed for every day in the case of a continuing offence.
Description of offcence
Obstructing a police officer as he executes his duty under section 37 or 64 to search and seize items, and arrest persons in connection with offences committed under the Telecommunications Order is an offence.
Penalties
In accordance with section 68, this offence is punishable with:
- A fine not exceeding $10,000;
- imprisonment for a term not exceeding 3 years; or
- both.