25 September 2013
Joint Press Statement (by the Asia Pacific Carriers' Coalition, M1 Limited, MyRepublic Pte Ltd, Nucleus Connect Pte Ltd, StarHub Ltd, SuperInternet Access Pte Ltd, and ViewQwest Pte Ltd): Industry responds to proposed OpenNet-CityNet-SingTel consolidation
SINGAPORE, 25 September 2013 - Key stakeholders of the Next
Generation Nationwide Broadband Network (Next Gen NBN) today submitted
a joint response calling for IDA to reject the consolidation request
by OpenNet, NetLink Trust, CityNet and SingTel.
The
unprecedented show of solidarity demonstrates the grave concerns the
industry has over the competition issues raised by the proposed
consolidation, including the potential of discriminatory treatment and
a lack of independence by CityNet/ OpenNet.
If approved,
the proposed consolidation would see SingTel becoming the 100%
beneficial owner of the only other nationwide fixed telecommunications
network in Singapore, apart from SingTel’s own network. Moreover, the
business trust used in this proposed consolidation has statutory and
contractual obligations to act in SingTel’s interests.
The proposed consolidation would extend SingTel’s divestment deadline
of the NetLink Trust (the business trust holding the entities’ assets)
from 2014 to 2018. This would expand SingTel’s control over
Singapore’s only ubiquitous networks and further entrench its
incumbent position.
The proposed consolidation also fails
to address how it would deal with the unresolved and escalating
problems the industry faces or how this would benefit end-users. This
is especially troubling given OpenNet’s history of rollout delays,
missed appointments, and inadequate quality of service.
In the event that IDA decides to approve the consolidation request,
the industry called for stronger safeguards to ensure that CityNet/
OpenNet offers services on a truly non-discriminatory basis,
independent of any SingTel influence.
The response set
out a range of measures to meet this objective, including the
appointment of Government and industry representatives to the boards
of CityNet/ OpenNet and requiring SingTel to abide by its original
commitment to sell down its stake in NetLink Trust to less than 25% by
2014. The response also called for the removal of the existing
“relief” clauses used by OpenNet to absolve it of its delivery
obligations, and for real penalties to be set for any non-performance
by CityNet/ OpenNet.