NGN The Malaysian Approach

Transcription

1 2009/TEL39/LSG/RR/002rev2 Agenda Item: 2 NGN The Malaysian Approach Submitted by: Malaysia Regulatory Round Table - Facilitating Next Generation Network Development: Policy and Regulatory Priorities for a Vibrant ICT Environment Singapore 15 April 2009

2 Reconciliation of P&R for NGN : The Malaysian Approach (Communications and Multimedia Act 98) BY LING HAU YONG Ministry of Energy, Water and Communications Malaysia FOR APECTEL 39 s REGULATORY ROUNDTABLE 15 April 2009, Singapore NGN - Definition A packet-based network, multiple broadband, QoSenabled transport technologies and service-related functions are independent from underlying transportrelated technologies -ITU A packet-based architecture, facilitating the provision of existing and new/emerging services through a loosely coupled, open and converged communications infrastructure. innovative opportunities array of challenges, touching upon competition, interconnection agreements and new business models. -OECD 1

3 Concept NGN-BROAD CONCEPT a set of architectures that can support the delivery of a broad range of an individual and integrated services the delivery of services will be independent of their access technologies Fixed Mobile Data Content Fixed Mobile Content Transport Layer Infra Infra Infra Basic Infrastructure Layer Vertical Structure Horizontal Structure What is NGN then? A broadband managed IP network which can carry voice, video and data over the same infrastructure. Independent of the infrastructure itself E.g of services: SIP-VOIP, IPTV, Call center, E- commerce, VPN. 2

4 Do we need a new P&R Framework? Technology innovation Emergence of packet technology require new approach to definition of network elements, e.g. circuit switch to IP based Innovation of new services Emergence of new services, license or not to license? Development and monitoring of content Technology neutral platform to deliver the content Creation of new market dynamics Affordability to end user pro-competition environment Do we need a new P&R Framework? (2) Equal Access Ensuring fair and equitable access for new entrant QoS over the network, best effort or Guaranteed by SLA? Other New Issues Regulation must be dynamic to accommodate the intelligent element Convergence of other services, e.g. broadcasters and computer companies as providers Promote user confidence for new services/ application : e.g. smart home, remote sensors, RFID, e-commerce 3

5 Ideal P&R Framework? Unified Regulator for converged services, i.e. telecoms, IT and broadcasting Technology Neutrality Support new innovation Ensure access is provided at reasonable rates Competition between new entrants vs dominant supplier QoS to end user, yet not burdensome to provider Freedom of content in a regulated environment Avenue to address dispute Malaysia s Approach How the Communications and Multimedia Act 1998 address the issues. 4

6 CMA Approach: Licensing Fixed Mobile Data Content ASP/ CASP Transport Layer Basic Infrastructure Layer NSP NFP 2 Categories: Class/ Individual Horizontal Structure 4 Types of License CMA: Unified Regulator Instrument: Determination, Declaration, Direction (Direction) Ministry MCMC (Single Regulator for all) Consumer Forum Industry Forum ASP/CASP/NSP/NFP 5

7 Support New Innovation Principles in accordance with the objective of the CMA Written Must be registered Publicly available Subject to Appeal Tribunal except for determination Support New Innovation The Regulation Minister s instrument under CMA Direction, S7 CMA Exercise of Commission s power and performance of function and duties under the CMA E.g. MNP, Required Application Services, Universal Service Determination, S10 CMA To provide certainty to industry E.g. Spectrum Reallocation, Required Application Service by ASP Declaration, S13 CMA Issued to a licensee for compliance/ exemption on license condition 6

8 Competition The Principle: Rule on Dominance Rule on Substantially Lessening Competition The Regulation S133: prohibition on anti-competitive conduct S134: Rules on Substantially Lessening Competition S137: Rules on Dominance Power Declared as dominant player S139: Power to direct Dominant Player Direction to cease a conduct S198 principles for rate setting, anti-cross subsidy Access The Principle Access to be provided on a fair and equitable rate No discrimination of technology The Regulation S92 Set up of voluntary forum CMA allows for formation of Voluntary Industry Codes which can be registered under CMA S149: Duty to provide access S152: Membership of the Access Forum If fails, Commission to determine. E.g. Mandatory Access List S153: Access List may include rate methodologies, i.e. LRIC, FLRIC 7

9 QoS Principles Regulate for the benefit of end users Greater Protection of Consumer Interest The Regulation S188 - duty of service providers to address consumer complaints S189 consumer forum on protection of consumer interest including rates, services and performance S192 required application service which include emergency services Content in a Regulated Environment The Principle Simplified Procedure on licensable and unlicensed item/ services Clear demarcation public and private broadcasting - Industry self-regulation - The Regulation CASP (public broadcast) and ASP (private broadcast, e.g. IPTV) S212: Self Industry Content Forum 8

10 Avenue to Address The Principle To address dispute against Regulator s decision In the interest of justice In the public interest The Regulation Appeal Tribunal, S17 May review direction, decision from Commission except determination CONCLUSION NGN is new technology, which offers limitless possibilities of services/ application P&R must be dynamic to support and not suppress innovation CMA is a NGN friendly P&R 9

11 Thank You For more information on CMA, visit