DECREE OF THE MINISTER OF COMMUNICATIONS NO. KM.23/2002 DATED MARCH 26, 2002
ON
PROVISION OF PUBLIC TELEPHONY INTERNET SERVICE
THE MINISTER OF COMMUNICATIONS, Considering :
a. that provisions on telecommunications services and public telephony internet service as part of the operation of multimedia services have been regulated Decree of the Minister of Communications No. KM.21/2001;
b. that development of technological telecommunications convergence has given birth to another cheaper service to the users of telecommunications services, i.e. telephony internet service;
c. that based on the considerations set forth in the foregoing paragraphs a and b, it is necessary to stipulate provisions regarding the provision of public phone internet service under minister of communications decree.
In view of :
1. Law No. 36/1999 on telecommunications (Statute Book of 1999 No. 154, Supplement to Statute Book No. 3881);
2. Government Regulation No. 52/2000 on telecommunications service provision (Statute Book of 2000 No. 107, Supplement to Statute Book No. 3980);
3. Presidential Decree No. 102/2001 on the status, tasks, functions, authority, and organizational structures of ministries;
4. Presidential Decree No. 109/2001 on first-echelon organizations and tasks of ministries;
5. Decree of the Minister of Communications No. KM.4/2001 on stipulation of the national fundamental technical plan for the national telecommunications development in 2000; 6. Decree of the Minister of Communications No. KM.20/2001 on provision of
telecommunications services;
7. Decree of the Minister of Communications No. KM.21/2001 on provision of telecommunications services;
8. Decree of the Minister of Communications No. KM.24/2001 on organizational structure and working arrangement of the Ministry of Communications, which has finally been amended by minister of finance's decree No. KM.45/2001.
DECIDES : To stipulate :
TELEPHONY INTERNET SERVICE.
CHAPTER I
GENERAL PROVISIONS Article 1
The terms contained in this decree have the meanings as follows :
1. Telecommunication is any broadcasting, delivery or receipt of any sign, picture, voice, and information through wire, optical, radio systems or other electromagnetic wave system.
2. Provision of Multimedia Service is the provision of telecommunications services offering information-technology basis services, which are, amongst others, provision of phone internet service, internet access service, and fee-based television service.
3. Provision of Public Telephony Internet Service is the activity of providing, serving, and arranging phone internet service, to be used by the public.
4. Telephony Internet Service is part of multimedia service, which may distribute voices using internet protocol connected to telecommunications network.
5. Point of Presence (POP) is the location where facilities or equipment for the provision of phone internet service are connected to telecommunications network.
6. Code of Access is the combination of digits, which must be rotated by the customers to access a network, line, or certain kind of service, in order to make phone internet service connection.
7. Single Stage Dialing is a way of connecting phones internet customers to direct telecommunications network through connecting phone or certain kind of server prepared by the phone internet service provider.
8. Double Stage Dialing is the way of connecting phones internet customers to telecommunications network, which is done through connecting phone number or a certain kind of server prepare by phone internet service provider through a validation process.
9. Access is the successful connection between phone internet service provider and the telecommunications network used.
10.Operational Cooperation is a cooperation regarding arrangement of public phones internet service, between phone internet service arranger and other parties, either part or all, for and on behalf of the owner of the permit for providing phone internet service. 11.Director General is the director general of post and telecommunications.
CHAPTER II
PROVISION OF TELEPHONY INTERNET SERVICES Article 2
established with the said objective, based on applicable laws and regulations, i.e. : a. State-owned companies (BUMN);
b. Regional state-owned companies (BUMD); c. Private-owned companies; or
d. Cooperatives.
(2) The telephony internet service providers, as set forth in paragraph (1), must obtain a permit from the director general, in compliance with applicable laws.
(3) in consideration of public needs, traffic model, tariff, and requirement of telecommunications network development in Indonesia, the director general may limit, add, or reduce the total number of telephony internet service providers.
Article 3
(1) Telephony internet service providers must use the telecommunications network owned by telecommunications network provider.
(2) The use of telecommunications network by telephony internet service provider, as set forth in paragraph (1), shall be implemented through mutual cooperation done in writing. (3) The telephony internet providers shall not lease the telecommunications network, as set forth in paragraph (1), used by them, to other parties.
Article 4
(1) In case the required telecommunications network is unavailable, the telecommunications network provider may cooperate with telephony internet service provider to establish and provide such a network.
(2) The form and length of time of the cooperation between telephony internet service provider and telecommunications network provider shall be based on the mutual consent.
Article 5
(1) In case the telecommunications network provider is not able to manifest the cooperation set forth in Article 4 paragraph (1), the telephony internet service provider may establish and self-provide the required telecommunications network, in accordance with applicable laws. (2) The telecommunications network provider must give access to the telecommunications network established and used by the phone internet service provider, as set forth in paragraph (1).
Article 6
(1) The telephony internet service provider must provide any required telecommunications network in order to guarantee the phone internet service to the public, in the form of :
b. central gateway; c. billing recorder.
(2) The telephony internet service provider must provide means of access, in the form of equipment, which has a capacity of at least 28 port E1 or 28 PRA-ISDN or equal to 28 times 30 voice canals distributed in at least seven (7) provinces.
(3) The telephony internet service provider must set up terms and conditions for telephony internet service subscription.
(4) The telephony internet service provider must prepare and furnish report periodically once in every three (3) months, to the director general, which report shall at least contain the following matters :
a. Total traffic and purpose of calls; b. Users' segmentation;
c. Quality of connection; d. Model of traffic; e. Standard of service;
f. Type of equipment and the equipment used. Article 7
The equipment and/or facilities for the provision of telephony internet service may be located at the address of phone internet service provider, or at the address of telecommunications network provider.
Article 8
(1) The telephony internet service provider must maintain continued service to the public.
(2) If, due to a certain problem, the telephony service provider ceases their activity, they must be responsible and must pay compensation to the phone internet service user.
(3) Procedures of payment and the amount of compensation shall comply with the applicable laws.
Article 9
The telephone internet service provider must meet the telecommunications standard of service designated by the director general.
Article 10
(1) Telecommunications equipment, which is used for the provision of telephony internet service, must fulfill the technical conditions required and must have obtained the required certificate.
Article 11
The telephony internet service provider may execute an operational cooperation with other parties, with the written approval of the Director General.
CHAPTER III CODE OF ACCESS
Article 12
(1) The code of access for the provision of telephony internet service shall be determined as follows :
a. For single stage method : 011, 017, 016, 108 and 019; b. For double stage method : 170XX (X = 0 to 9)
(2) The chosen code of access used for single stage and/or double stage methods shall be designated by the director general.
Article 13
The local permanent network provider, cellular moving network provider, and satellite moving network provider, must give access to the code of access as set forth in Article 12.
CHAPTER IV EXPENSE AND TARIFF
Article 14
(1) The telephony internet service tariff shall be determined by the telephony internet service provider on a cost-based computation.
(2) The designation of the amount of tariff by telephony internet service provider, must consider the investment requirements for the continuity of the telecommunications network, which is an important part of the telephony internet service provision infrastructure, and must maintain suitability with the basic telephony internet service tariff.
Article 15
(1) The amount of access fee and leasing cost of telecommunications network shall be decided based on a mutual consent between telecommunications network provider and telephony internet service provider.
(2) In case, the mutual consent set forth in paragraph (1) is not reached, the director general may determine the access fee and leasing cost of telecommunications network by taking into account the opinions of the telecommunication network provider and telephony internet service provider.
CHAPTER V CLEARING HOUSE
(1) In the framework of settlement of calculation of financial rights and liabilities of inter-telephony internet service provider, and between phone internet service providers, and telecommunications network providers, a clearing house may be established.
(2) Technical guide to the clearing house as set forth in paragraph (1) shall be stipulated by Director General's decision.
CHAPTER VI DEVELOPMENT
Article 17
The director general shall supervise and evaluate the provision of telephony internet service. CHAPTER VII
SANCTIONS Article 18
(1) The telephony internet service provider who violates the provisions of Articles 3, 6, 8, 9 or 10, shall be imposed by administrative sanction, in the form of revocation of permit by the director general.
(2) The revocation of permit as set forth in paragraph (1) shall be implemented if the telephony internet service provider does not obey the reminders given in three (3) consecutive times, with an interval of fifteen (15) days each reminder.
Article 19
(1) Whoever provides telephony internet service without the permit set forth in this decree, shall be imposed by sanctions based on the applicable laws.
(2) Telecommunications network providers who violate the provisions of Article 5 and 13 will be imposed by the sanctions pursuant to applicable laws.
CHAPTER VIII
TRANSITORY PROVISIONS Article 20
(1) Legal entity, which has obtains the permit for the provision of telephony internet service prior to the stipulation of this decree, may continue to arrange for the said permit.
(2) Internet service providers, which permit includes protocol talk or protocol phone prior to the stipulation of this decree, may execute an operational cooperation with telephony internet service provider that has obtained the permit set forth in paragraph (1), after obtaining a written approval from the director general.
(3) The director general may, by considering the total number of telephony internet service providers, public requirement, and the impact on the development of telecommunications network in Indonesia, reject or postpone the issuance of permit for telephony internet service provider within a certain period of time.
CLOSING PROVISION Article 21
This decree comes into full force and effect from the date of stipulation.
Stipulated in Jakarta On March 26, 2002
THE MINISTER OF COMMUNICATIONS sgd.
