COMMUNICATIONS AND MULTIMEDIA ACT 1998

Communications and Multimedia LAWS OF MALAYSIA Reprint Act 588 communications and multimedia act 1998 Incorporating all amendments up to 1 January 2006 Published by The Commissioner of Law revision, Malaysia Under the Authority of the Revision of Laws Act 1968 in Collaboration with Percetakan Nasional Malaysia Bhd 2006   communications and multimedia act 1998 Date of Royal Assent ... … … … ... 23 September 1998 Date of publication in the Gazette … … 15 October 1998 Previous Reprint First Reprint ... ... ... ... ... 2002  LAWS OF MALAYSIA Act 588 COMMUNICATIONS AND MULTIMEDIA ACT 1998 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title 2. Commencement 3. Objects 4. Territorial and extra-territorial application 5. Power of the Minister to exclude certain persons, geographical areas, etc. 6. Interpretation Part II MINISTERIAL POWERS AND PROCEDURES Chapter 1 Ministerial Direction 7. Direction by the Minister 8. Variation of a direction 9. Register of directions Chapter 2 Ministerial Determination 10. Determination by the Minister  Laws of Malaysia Section 11. Variation of a determination 12. Register of determinations Chapter 3 Ministerial Declaration 13. Declaration by the Minister 14. Modification, variation or revocation of a declaration 15. Register of declarations Chapter 4 Ministerial Regulations 16. Minister’s power to make regulations Part III APPEAL TRIBUNAL 17. Establishment of the Appeal Tribunal 18. Matters which the Appeal Tribunal may review 19. 20. Qualifications of members Resignation and termination of an appointment 21. Vacation of office and acting appointments 22. Quorum for the Appeal Tribunal 23. Decision 23a. Enforcement of decision of Appeal Tribunal 24. Appeal Tribunal procedures 24a. Powers of Appeal Tribunal 25. Suspension of member 26. Disclosure of interest 26a. Secretary of Appeal Tribunal and other officers 26b. Obligation of secrecy 26c. Public servants and public officers 26d. Application of Public Authorities Protection Act 1948 26e. Act or omission done in good faith Act 588 Communications and Multimedia  Part IV LICENCES Chapter 1 Individual Licence Section 27. Application for an individual licence 28. Further information 29. 30. 31. 32. Recommendation by the Commission Grant of an individual licence Restriction on the grant of an individual licence Compliance with the conditions of an individual licence 33. Modification, variation or revocation of individual licence conditions 34. Renewal of an individual licence 35. Surrender of an individual licence 36. Transfer of an individual licence or change of ownership 37. Recommendation for the suspension or cancellation of an individual licence 38. Suspension or cancellation of an individual licence by the Minister 39. Effective date of suspension or cancellation of an individual licence 40. Publication on suspension or cancellation of an individual licence 41. Effect of suspension, cancellation, surrender or expiry of an individual licence 42. 43. Register of individual licences Rights and obligations attached to an individual licence Chapter 2 Class Licence 44. Minister may grant class licence 45. Application for registration 46. Requirement for registration 48. Cancellation of registration by the Minister 47. Recommendation by the Commission 49. Register of class licences 50. Register of registration notices  Laws of Malaysia Act 588 Part V POWERS AND PROCEDURES OF THE MALAYSIAN COMMUNICATIONS AND MULTIMEDIA COMMISSION Chapter 1 Directions Section 51. Directions by the Commission 52. Modification, variation or revocation of a direction by the Commission 53. Offence for non-compliance with a direction of the Commission 54. Register of directions Chapter 2 Determination 55. Determination by the Commission 56. Modification, variation or revocation of a determination by the Commission 57. Register of determinations Chapter 3 Inquiry 58. Inquiry by the Commission 59. Combining two or more inquiries 60. Conduct of an inquiry 61. Inquiry shall be public 62. Exceptions to a public inquiry 63. Confidential material not to be disclosed 64. Directions about an inquiry 65. Report on an inquiry 66. Protection from civil action 67. Register of reports Communications and Multimedia  Chapter 4 Investigation for Purposes of Administration, Inquiry, etc. Section 68. Investigation by the Commission 69. Complaints to the Commission 71. Report on investigation 70. Conduct of investigation 72. Publication of reports Chapter 5 Information-gathering Powers 73. Provision of information 74. Offence for non-compliance 75. Offence for giving false or misleading information, evidence or document, etc. 76. Proof of compliance 77. Commission may retain documents 79. Record of information 78. Incorrect record 80. Publication of information Chapter 6 Register 81. Register of all matters Chapter 7 Notification and Resolution of Disputes 82. Disputes 83. Notification of a dispute 84. Commission to act only upon notification 86. Commission to decide notified dispute 85. Commission may publish guidelines  Laws of Malaysia Act 588 Section 87. Decision to be in writing 88. Register of decisions 89. Enforcement Chapter 8 Registration of Agreements 90. Application for the registration of agreements 91. When the Commission shall register the agreement 92. Effect of registration 93. Content of the register of agreements Chapter 9 Voluntary Industry Codes 94. Industry forum 95. Code by the industry forum 96. Commission may determine a voluntary industry code 98. Compliance with a registered voluntary industry code a legal defence 97. Applicable voluntary industry code 99. Directions to comply with a registered voluntary industry code 100. 101. Civil penalty for non-compliance Revocation of a code 102. Submission of new voluntary industry code by an industry forum 103. Register of current voluntary industry code Chapter 10 Mandatory Standards 104. Determination of a mandatory standard 105. Mandatory standard to be consistent 106. Modification, variation or revocation of a mandatory standard 107. Mandatory standard to take precedence 108. 109. Compliance with a mandatory standard a legal defence Civil penalty for non-compliance Communications and Multimedia Chapter 11 Undertakings Section 110. Undertaking by a person 111. Registration of an undertaking 112. Rules regarding undertakings 113. Withdrawal of an undertaking 114. Replacement of an undertaking 115. Register of undertakings 116. Enforcement of an undertaking Chapter 12 Regulatory Forbearance 117. Regulatory forbearance 118. Determination by the Minister Chapter 13 Review of Decisions 119. Review by the Commission 120. Review by the Appeal Tribunal 121. Judicial review Chapter 14 Regulatory Review 122. Review of subsidiary legislation by the Commission Chapter 15 Monitoring and Reporting 123. Report to the Minister on industry performance 124. Matters to monitor and report 125. Report to be published  10 Laws of Malaysia Act 588 Part VI ECONOMIC REGULATION Chapter 1 Licensing Section 126. Licensing of network facilities, network services and applications services 127. Compliance with licence conditions 128. Definition of network boundary 129. Exemption for applications service provider not subject to a class licence 130. Nominated facilities provider 131. Providers under a class licence shall register 132. Separate licence Chapter 2 General Competition Practices 133. Prohibition on anticompetitive conduct 134. Commission may publish guidelines 135. Prohibition on entering into collusive agreements 136. Prohibition on tying or linking arrangements 137. Determination of dominant licensee 138. 139. Guidelines as to the meaning of “dominant position” Commission may direct a licensee in a dominant position 140. Authorization of a conduct 141. 142. Register of authorizations Remedies for non-compliance 143. Penalty for offence 144. Minister may make rules Chapter 3 Access to Services 145. Facilities and services which may be included in the access list Communications and Multimedia Section 146. Determination of facilities and services by the Commission 147. 148. Recommendation by access forum Register of access list 149. Standard access obligations for facilities and services 150. Registration of access agreements 151. Notification of access disputes 152. Access forum 153. Access code 154. Registration of the access code 156. Registration of an undertaking 155. Industry access undertakings Part VII TECHNICAL REGULATION Chapter 1 Spectrum Assignment 157. Prohibition on using spectrum without assignment 158. Power of the Minister to make regulations 159. Issue of spectrum assignment 160. Spectrum assignment to comply with spectrum plan 161. Reissue of spectrum assignment 162. Third party transfers 163. Transfer rules 164. Issue of apparatus assignment 165. Apparatus assignment to comply with spectrum plan 166. Situation where apparatus assignment shall not be issued 167. Third party authorization 168. Maximum term for an apparatus assignment 169. 170. Class assignment Class assignment to comply with spectrum plan 171. Situation where class assignment shall not be issued 172. Spectrum plan 11 12 Section 173. Laws of Malaysia Act 588 Contents of spectrum plan 174. Preferential rights 175. Dispute about interference 176. Minister may determine spectrum for spectrum assignment 177. Spectrum plan to include procedures for spectrum assignment and apparatus assignment 178. Compulsory acquisition of assignments in determined spectrum Chapter 2 Numbering and Electronic Addressing 179. Control, planning and administration of numbering and electronic addressing 180. Numbering and electronic addressing plan 181. Management or maintenance of an integrated public number or electronic address database Chapter 3 Technical Standards 182. Hindering interoperability an offence 183. Compromising public safety an offence 184. Technical standards forum 185. Matters for technical code 186. Certifying agencies Part VIII CONSUMER PROTECTION Chapter 1 Quality of Service 187. Exemption from offence provisions 188. Provision of network service or applications service Communications and Multimedia Section 189. 13 Consumer forum 190. Matters for consumer code 191. Publication of consumer code Chapter 2 Required Applications Services 192. Required applications services 193. Minister’s direction to provide required applications services 194. Direction may specify operational details Chapter 3 Resolution of Consumer Disputes 195. Disputes between consumers and licensees 196. Procedures for consumer complaints Chapter 4 Rate Regulation 197. Rate setting by providers 198. Principles on rate setting 199. Rate setting by the Minister 200. Power of the Minister to determine persons or areas for special rates 201. Rules regarding rates Chapter 5 Universal Service Provision 202. System of universal service provision 203. Definition of “underserved areas” and “underserved groups within the community”, etc. 204. Universal Service Provision Fund 14 Laws of Malaysia Act 588 Part IX SOCIAL REGULATION Chapter 1 Licensing Section 205. Prohibition on the provision of content applications service 206. 207. Compliance with licence conditions Closed content applications service 208. Exemptions for incidental content 209. Limited content applications service 210. Opinion on category of service Chapter 2 Content Requirements 211. Prohibition on provision of offensive content 212. 213. Content forum Content code Part X GENERAL Chapter 1 Installation of Network Facilities, Access to Network Facilities, etc. 214. Inspection of land 215. Installation