VZCZCXYZ0000
RR RUEHWEB

DE RUEHGP #0127/01 0320550
ZNR UUUUU ZZH
R 010550Z FEB 08
FM AMEMBASSY SINGAPORE
TO RUEHC/SECSTATE WASHDC 4821
INFO RUCPDOC/DEPT OF COMMERCE WASHDC

UNCLAS SINGAPORE 000127 
 
SIPDIS 
 
EEB/CIP/BA FOR T FINTON 
STATE PASS USTR FOR AUSTR WEISEL, DAUSTR BELL, J MCHALE, AND C 
HINCKLEY 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: ECPS ETRD ECON USTR SN
SUBJECT: GOS RESPONDS TO SECTION 1377 TELECOM COMMENTS FROM U.S. 
INDUSTRY 
 
REF: A) STATE 3689 
 
B) 07 SINGAPORE 1134 
 
¶1. (U) The Ministry of Information, Communication and the Arts 
(MICA) submitted the following letter dated January 25 to USTR and 
post in response to public comments filed by the Unites States 
Council for International Business (USCIB) for Section 1377 of the 
Omnibus Trade and Competitiveness Act of 1988 concerning compliance 
with telecommunications trade agreements (ref A). 
 
¶2.  (SBU) Begin text: 
 
REPLY COMMENTS OF THE MINISTRY OF INFORMATION, COMMUNICATION AND THE 
ARTS, SINGAPORE 
 
The Ministry of Information, Communications and the Arts (MICA), 
Singapore refers to the comments filed by the United States Council 
for International Business (USCIB) concerning the process for a 
telecommunication licensee to appeal to the Minister for 
Information, Communications and the Arts against a 
decision/direction by the Info-communications Development Authority 
of Singapore (IDA). MICA welcomes the opportunity to once again 
clarify our appeal process and to offer our assurance to industry 
players of the credibility of our decision-making process. 
Notwithstanding our clarifications last year, the USCIB's comments 
filed this year are virtually the same as those filed the year 
before.  Nevertheless, we will re-iterate our response to the 
USCIB's comments on this matter and we hope that this will offer the 
USCIB a clearer and more accurate understanding of the appeals 
process. 
 
Under the Telecommunications Act, an aggrieved telecommunication 
licensee may appeal to the Minister for Information, Communications 
and the Arts against a decision/direction by the IDA within 14 days 
of the issuance of such decision/direction.  The appeal procedure is 
designed to provide a direct recourse for the aggrieved licensee. 
In considering the appeal, the Minister adopts a process that is 
transparent to the parties involved in the appeal.  All submissions 
by one party are copied to the other party for comments and 
response.  Such a process enables the parties to the appeal to make 
their full representations after having regard to the arguments 
raised by the other party. It also ensures that all the relevant 
information is placed before the Minister so that he can properly 
evaluate the merits of the appeal.  Based on information adduced in 
the appeal, the Minister will then determine the appeal and the 
grounds for his decision are set out in a letter which is 
communicated to the parties. 
 
There has been feedback from some licensees to make appeal 
submissions publicly available.  However, we are unable to release 
such submissions to the public domain because they contain 
commercially sensitive information submitted by the parties for the 
purpose of the appeal. 
 
While our appeal process is generally restricted to the parties to 
the appeal, the Minister is also empowered to obtain representations 
from persons who are not parties to the appeal but who appear to the 
Minister to have relevant information.  The existence of such 
discretion gives the Minister the flexibility of determining the 
most expeditious way to deal with the issues in question and we are 
of the view that the appeal process would be unwieldy and protracted 
if the Minister is required to seek comments from the public for all 
appeals.  The exercise of such discretionary powers has enabled the 
speedy resolution of appeals to the Minister, thereby reducing 
business uncertainty in the Singapore telecommunications industry. 
 
Our appeal process has worked well.  It balances the importance of 
reducing business uncertainty and unpredictability while providing 
recourse for aggrieved licensees to appeal against a regulatory 
decision/direction by the IDA. 
 
MICA would also like to again correct the continual misperception of 
the USCIB that the right of judicial review is absent in the 
Singapore telecommunications environment.  Judicial review is a 
remedy that is available in Singapore.  The merits of such judicial 
review applications would be determined by our High Courts. 
 
MICA notes that the USCIB has raised some regulatory issues in the 
Singapore telecommunications sector to which the IDA has separately 
responded.  We trust that the IDA'S reply helps to clarify the 
regulatory framework of the Singapore telecommunications sector. 
 
We wish to assure the industry that the Singapore telecommunications 
sector is governed by clear and sound principles and decisions are 
taken in a credible and transparent manner that seeks to reduce 
business uncertainty. 
 
Yours Faithfully, 
 
HO Chee Pong 
Director (Infocomms & Media Devt) 
For Permanent Secretary 
Ministry of Information, Communications and the Arts 
 
End Text. 
 
Herbold