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ICC Will Provide Inputs on the Draft Government Regulation on Post, Telecommunications, and Broadcasting in the Field of Business Competition in Telecommunications Sector

04 March 2021
News Indonesia

ICC takes part in observing the process for preparing the Draft Government Regulation as the implementing regulation of Law No. 11 Year 2020 regarding Job Creation, especially with regard to the amendment to Law No. 36 Year 1999 regarding Telecommunications in post, telecommunications, and broadcasting sectors. This is conducted in line with the existence of some substances of articles in the Draft Government Regulation, which directly mention fair business competition creation effort as one of the foundations for implementing the substances. 

Based on the analysis of ICC, several business competition substances have been identified in the Draft Government Regulation regarding Post, Telecommunications, and Broadcasting (RPP Postelsiar) which is currently being prepared by the Government. Some of the business competition-related substances include:

  1. business activities through the internet;
  2. system cooperation for international submarine communications cables; 
  3. cooperation in the utilization of telecommunications operating infrastructure; 
  4. setting of upper and lower limits of tariffs for telecommunications operations; 
  5. setting of lower limits based on market conditions that have an impact on the sustainability of services and quality of services to the public; 
  6. cooperation in the use of the frequency spectrum, including provisions regarding sanctions; and
  7. transfer of the right of use of the frequency spectrum, including provisions regarding sanctions.

With due observance of such various substances and in line with the duties and authorities of ICC, ICC will give input to the Ministry of Communications and Informatics of the Republic of Indonesia to strengthen the foundations for the implementation of fair business competition in the telecommunications sector through the strengthening of coordination among institutions in the supervision thereof. To that end, ICC will propose that the RPP Postelsiar should also include a provision that the Ministry of Communications and Informatics of the Republic of Indonesia always asks ICC's opinion in regulating various business competition-related substances as intended above.