Mastel suggests restructuring of BRTI

Mastel suggests restructuring of BRTI

Eva C. Komandjaja, The Jakarta Post, Jakarta

The Indonesian Telecommunications Society (Mastel) has called
for the restructuring of the newly established Indonesian
Telecommunications Regulatory Body (BRTI), saying the agency's
independence from the government was questionable.

In a hearing on Wednesday with House of Representatives
Commission IV which oversees telecommunications, Mastel chairman
Giri Suseno said under the current structure, BRTI was weak given
the presence of director general of post and telecommunications
Djamhari Sirat as chairman of the agency's regulatory committee.

Given his position as chairman, he could influence decision
making in the BRTI.

Under Ministerial Decree No. 31/2003 on BRTI, the BRTI
committee can make decisions, either through consensus or voting.
However, all decisions need the approval of the directorate
general.

Therefore, Mastel said, BRTI would only serve as a "think
tank" that had no authority to implement its decisions.

This contravenes the World Trade Organization (WTO) reference
paper and the guidelines set by the Asia-Pacific Economic
Cooperation's (APEC) Telecommunications Working Group, which
state that a telecommunication regulating body must be legally
and structurally independent from the government.

"The regulatory body must also have legal responsibility and
full authority in making decisions, with sufficient resources to
enable it to perform its job," Giri said.

Mastel recommended a reorganization of BRTI to bar the
director general from heading the BRTI committee.

Giri suggested that BRTI should adopt the Australian model of
a regulatory body.

He did not provide details about the Australian model, but he
said the model was flexible and applicable in Indonesia and was
not in conflict with Indonesia's legal system.

Rosyid Hidayat, a deputy chairman of Commission IV, said that
it would discuss Mastel's proposals with Minister of
Communication Agum Gumelar as soon as possible because BRTI was
scheduled to start functioning later this month.

BRTI was established in July 2003 to meet the requirement set
by the House in allowing the government to raise telephone rates.

It was formed under Telecommunications Law No. 3/1999, which
says that the government must delegate its function of
regulating, supervising and controlling telecommunications to a
regulatory body.

The House, the telecommunications industry players and
observers have said an independent regulatory body was needed to
ensure fair competition within the industry and to protect
consumers.

Under the existing regulation, BRTI will have five members,
including the director general of post and telecommunication who
becomes as ex-officio chairman. The government has thus far
selected three members for the committee, that is Koesmarihati, a
telecommunication expert, Soetjipto, a legal expert and Suryadi
Azis, an expert on social affairs.