VI. Introduction of Fair Competition
The main objective of encouraging competition
is to modernise the national telecommunication network within short period of
time, expand the coverage of services, reduce the service prices, improve service
quality to internationally accepted level and to comply with the worldwide development
trends.
- The monopoly right in basic telecommunication
services granted to Mongolia Telecom and the exclusive right given to Mobicom
Corporation in proving cellular service are to be eliminated by 31 December
1998, however, the monopoly right in international basic telecommunication
services and international telephone gateway will be retained until 31 December
2001. All the legal, policy, economic and financial conditions for introducing
fair and free competition in all kind of value added services would be created
accordingly.
- Within the framework of the above mentioned
policy development of cellular phone, paging, personal mobile system, internet
phone, services using CPE and LAN, GMPCS services etc. will be encouraged.
- BOT, BTO, Business Contract, Joint venture,
revenue sharing agreement etc. all possible internationally accepted forms
of direct foreign investment will be accepted.
- During implementation of liberalisation
and competition programs no discrimination between local and foreign investors
will be allowed and in case if the terms and conditions offered by local and
foreign investors are equal then preference may be given to local investors
during tender evaluation process.
- The policy for introducing fair competition
in telecommunication sector shall not contradict with the principles of national
security, the provisions of the Telecommunication Law and other laws and regulations
of Mongolia.
- The lisences for provision of new services
in new regions will be granted through open and fair bid and the license fee
payment shall be used for universal service fund to finance selected projects.
- To develop the regulations to support
investment of the service providers, who have established a network in the
rural areas and are providing the services, from the fund for the development
of universal services.
- In the case of not being able to provide
with the support for the above mentioned investments, it should be allowed
to recover the losses in connection with provision of services in rural areas
by getting the licenses for high profit service areas as compensation of the
loss.
- The service providers who have exclusive
right license with the high revenue in the market segment or to make highly
profitable business in areas should be given universal service obligation
to provide service in unserved unprofitable rural areas.
- The service providers which use the
basic PSTN network should have an interconnection agreement with the basic
network operator and in case if they can not reach an agreement the regulatory
body will regulate the issue according to the existing regulations.
- Manufacturing of telecommunication network
equipment, CPE and other telecommunication equipment will be conducted on
full competition basis. ITU and national standards shall be applied for manufacturing,
supply and operation in telecommunication field.
- While liberalising the telecommunication
sector and introducing competition, it will ensured to allow free, fair and
non-discriminatory full interconnectivity and free access to leased lines
and circuits at fair and cost based tariff and fair interconnection charges
according to internationally accepted practices and issue all the related
regulations and regulatory documents.