Download - Malaysian Radiocommunication Regulation

LAWS OF MALAYSIA

COMMUNICATIONS AND MULTIMEDIA (SPECTRUM) REGULATIONS 2000 [P.U.(A) 128/2000]

PART I - PRELIMINARY

Regulation 1. Citation and commencement

(1) These regulations may be cited as the Communications and Multimedia (Spectrum) Regulations 2000.

(2) These Regulations come into operation on 1 April 2000.

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PART I - PRELIMINARY

Regulation 2. Interpretation

In these Regulations, unless the context otherwise requires -

"apparatus" includes -

(a) any transmitter or receiver or a combination of both including any accessory equipment;

(b) any other device or equipment which either alone or together with one or more other devices or equipment is capable

of interfering with or being subject to interference by electromagnetic radiation; or

(c) any device which can be used for the purposes of radiocommunications-based network facilities, network services or

applications services;

"apparatus assignment holder" means a person who is issued with an apparatus assignment under section 164 of the Act;

"applicant" means a person who applies for an assignment or a variation of an assignment under these Regulations, as the case

may be;

"applicant information package" means the applicant information package prepared by the Commission under regulation 8;

"armed forces" has the meaning assigned to it by the Armed Forces Act 1972 [Act 77];

"assignment" means a spectrum assignment or an apparatus assignment;

"assignment holder" means a spectrum assignment holder or an apparatus assignment holder;

"bandwidth" means the width of a frequency band;

"certified apparatus" means an apparatus which has been certified under the Communications and Multimedia (Technical

Standards) Regulations 2000 [P. U. (A) 124/2000 ];

[Am. P.U.(A) 277/2001]

"certified true copy", in relation to an assignment, means a certified true copy of the assignment under regulation 43;

"conversion plan" means a conversion plan prepared by the Commission under regulation 7 and forms part of the spectrum

plan;

"geographic area" means -

(a) a high density area which has a population density of more than 200 people per square kilometre;

(b) a medium density area which has a population density of between 50 and 200 people per square kilometre; or

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"geographic unit", in relation to an assignment or transfer, means a geographically bounded area within which the signal

strength may be above a specified limit;

"harmful interference" means interference which endangers or seriously degrades, obstructs or repeatedly interrupts the

functioning of a radionavigation service or one or more safety services operating in accordance with these Regulations;

[Subs. P.U.(A) 277/2001]

"International Convention for the Safety of Life at Sea" means the International Convention concluded in London in 1974

concerning the safety of life at sea, and includes any subsequent convention, to which the Government is a party; and if any

amendment of the Convention comes into operation with respect to Malaysia, references in these Regulations shall, unless the

context otherwise requires, be construed as references to the Convention as amended;

"International Telecommunication Convention" means the Constitution and Telecommunication Union Convention of the

International Telecommunication Union signed in Geneva in 1992 relating to telecommunications, and includes any subsequent

Constitution and Convention, to which the Government is a party and it extends to any radiocommunications regulations made

under the Constitution and Convention; and if any amendment of the Constitution and Convention comes into operation with

respect to Malaysia, reference in these Regulations shall, unless the context otherwise requires, be construed as references to

the Constitution and the Convention as amended;

"major interference" means electromagnetic interference rendering any apparatus or services unsuitable for their intended

purpose;

"marketing plan" means a marketing plan prepared by the Commission under regulation 6 and forms part of the spectrum plan;

"minor interference" means electromagnetic interference which does not affect the overall operation of any radiocommunications

transmission;

"radiocommunications propagation path" means the path in the atmosphere for a point-to-point link between stations;

"radio-sensitive radiocommunications device" means any device, equipment or machinery, other than a station, the use or

function of which is or can be adversely affected by electromagnetic emissions from any station;

"receiver" means any station designed or intended for the purpose of radiocommunications reception including any device

designed to be used together with or ancillary to or in association with such a receiver;

"spectrum assignment holder" means a person who is issued with a spectrum assignment under section 159 of the Act;

"spectrum unit" in relation to an assignment or transfer means a specified unit of spectrum bandwidth;

"station" means an apparatus at one location used for conducting the activities associated with the provision of a particular

service;

"third party authorisation" means the third party authorisation under regulation 25;

"third party transfer" means the transfer under regulation 19;

"transfer" in relation to a spectrum assignment includes lodging as security, assigning, aggregating, splitting or surrendering of

the spectrum assignment;

"transmitter" means any station designed or intended for the purpose of radiocommunications transmission within a defined

spectrum channel including any device designed to be used together with or ancillary to or in association with such a

transmitter.

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PART II - SPECTRUM PLANNING

Regulation 3. Spectrum plan

(1) The table of frequency allocations which is developed under the repealed Telecommunications Act 1950 [Act 20] shall be

deemed to be a spectrum plan under these Regulations until a spectrum plan is developed under section 172 of the Act.

(2) If a spectrum plan is developed by the Commission under the Act the table of frequency allocations under subregulation (1)

shall cease to be deemed as a spectrum plan.

(3) A spectrum plan developed by the Commission shall -

(a) be divided into such number of frequency bands as the Commission thinks appropriate for the purpose of regulating

radiocommunications under these Regulations;

(b) designate one or more bands to be used primarily for the general purpose of the armed forces;

(c) specify the general purpose for which any other band may be used including the reservation of any band (whether for

present or future use) for public or community purposes or for the prevention or control of interference;

(d) provide for one or more purposes for which any part of a band (including any particular frequency or frequency

channel) may be used whether with regard to a specified geographic area or period or otherwise; and

(e) include such other matters as the Commission deems necessary to give full effect to the spectrum plan.

(4) The Commission may develop a new spectrum plan to replace an existing spectrum plan.

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Regulation 4. Revision, variation and revocation of a spectrum plan

(1) The Commission may revise, vary or revoke a spectrum plan.

(2) Where the Commission has developed a new spectrum plan under subregulation 3(4) or has revised, varied or revoked any

existing spectrum plan under subregulation (1) , the new spectrum plan or the revised, varied or revoked spectrum plan shall

supersede the existing spectrum plan or to the extent of the revision, variation or revocation, as the case may be.

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Regulation 5. Preparation of a marketing plan and conversion plan

Where the Minister has made a determination under section 176 of the Act, the Commission may prepare a marketing plan and

conversion plan.

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Regulation 6. Marketing plan

(1) The marketing plan prepared by the Commission under regulation 5 may consist of -

(a) the methods, procedures and timetable to be followed for issuing an assignment;

(b) the apportionment of the relevant frequency bands in the spectrum plan for the purposes of issuing an assignment;

(c) the percentage of the spectrum and frequency band that is to be reserved for future use or for public or community

services;

(d) the condition or type of condition that may be included in an assignment to be issued; and

(e) any other matter as the Commission may deem necessary.

(2) The marketing plan and any material modification of it shall be made available to the public for comment and any comments

which are received within the reasonable period specified by the Commission shall be considered by the Commission before

issuing an assignment.

(3) The marketing plan may not require an assignment to be issued for the whole of the spectrum or the geographic area to

which the marketing plan applies.

(4) The marketing plan may indicate whether the assignments are to be assigned by auction, tender or a fixed price determined

by the Minister or the Commission.

(5) The procedures for obtaining a fixed price to be determined by the Minister or the Commission, as the case may be, may

include the following:

(a) the method of determining the price;

(b) the method of payment of the assignment's fees; and

(c) the advertisement of the proposed assignment.

(6) The matters to be taken into account in determining the fixed prices shall include the following:

(a) the potential applications including the type of technology that may be used;

(b) the congestion caused by intensity of demand;

(c) the extent of spectrum usage;

(d) the prices paid for the auction, tender or trading of spectrum rights;

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(i) band quality;

(ii) flexibility of band usage;

(iii) availability of equipment for use in the band; and

(iv) ranges of band; and

(f) any other matters as the Commission may deem necessary.

(7) The Commission may modify or vary the marketing plan as it deems fit.

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Regulation 7. Conversion plan

(1) The conversion plan prepared by the Commission under regulation 5 may set out the procedures and timetable for issuing

new spectrum assignments to replace existing apparatus assignments which are affected by the conversion plan.

(2) The conversion plan may not require a spectrum assignment to be issued for the whole of the spectrum or the geographic

area to which the conversion plan applies.

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Regulation 8. Applicant information package

(1) The Commission shall prepare an applicant information package that sets out relevant information to assist an eligible

person to comply with the procedures for applying for an assignment by auction or tender.

(2) The applicant information package may include the procedures addressing the following matters:

(a) the pre-requisite for a general invitation by the Commission to apply for an assignment;

(b) the eligibility requirements of persons who may apply for an assignment;

(c) the type of auctions or tenders;

(d) the advertising of auctions and tenders;

[Ins. P.U.(A) 277/2001]

(e) the entry fees for prospective bidders or tenderers;

(f) the reserve price and deposits required (if any) ;

(g) the basis on how the Commission would handle two or more equal bidders or tenderers;

(h) the methods of payment of the assignment's fee;

(i) the extent of the geographic unit and spectrum band of the assignment which is on offer;

(j) the extent, if any, to which the transfer or dealing with a spectrum assignment will be permitted;

(k) the extent, if any, to which third party authorisation of an apparatus assignment will be permitted;

(l) the geographic unit and spectrum unit that may be traded; and

(m) any other matters as the Commission may deem necessary.

(3) In this regulation, "eligible person" means a person or body of persons who is invited by the Commission to apply for the

assignment by auction or tender.

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PART III - ASSIGNMENT

Regulation 9. Issue of an assignment

An assignment may -

(a) be issued in the form as specified by the Commission;

(b) state the scope and limits on the assignment holder's ability to transfer or otherwise deal with the whole or any part of

the assignment;

(c) state the validity period of the assignment commencing from the date of the assignment was issued; and

(d) contain such conditions as the Commission may impose.

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Regulation 10. Standard conditions for an assignment

The Commission may impose the following standard conditions for any assignment:

(a) the assignment holder shall use or operate only certified apparatus in the spectrum specified in the assignment;

(b) the assignment holder shall pay the fees for the assignment within the period as specified in the assignment;

(c) the assignment holder shall utilise the spectrum beneficially;

(d) the assignment holder shall submit a commissioning report in a format and containing any information as may be

specified by the Commission before a certified apparatus authorised by the assignment may be placed into commercial

operation;

(e) the assignment holder shall comply with all the directions from the Commission in relation to the use of the spectrum;

(f) the assignment holder shall take all steps necessary to ensure that no major interference or harmful interference is

caused;

(g) the assignment holder shall take all necessary steps to eliminate any minor interference, major interference or

harmful interference;

(h) the assignment holder shall ensure that all apparatus causing major interference or harmful interference to cease

operation until such time when the major interference or harmful interference has been eliminated;

(i) the assignment holder shall ensure that no apparatus used or operated in that spectrum shall exceed the

specified output powers, emission parameters or coverage area approved for the assignment without the prior written

approval of the Commission;

(j) the assignment holder shall comply with the technical standard, mandatory standard or voluntary code registered by

the Commission under the Act;

(k) the assignment holder shall comply with the Act and any subsidiary legislation made under the Act and any other

relevant written laws; and

(l) the assignment holder shall observe the provisions of the International Telecommunication Convention and the

International Convention for the Safety of Life at Sea.

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Regulation 11. Decision on an application

(1) If the Commission approves an application for an assignment, the Commission shall inform the applicant by written notice of

its decision and provide a copy of the assignment to the applicant.

(2) If the Commission rejects the application for an assignment, the Commission shall give the applicant a written notice of its

decision and the reasons for the rejection.

(3) In this regulation, the Commission shall inform the applicant by written notice of its decision, as soon as practicable, after

making the decision to approve or to reject the application.

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Regulation 12. Suspension or cancellation of an assignment

(1) The Commission may suspend or cancel an assignment in any of the following circumstances:

(a) upon the breach of any condition contained in the assignment;

(b) upon the failure to pay any fee in relation to the assignment;

(c) upon the breach of any technical standard, mandatory standard or voluntary code registered by the Commission

under the Act;

(d) upon the contravention of any provision of the Act or any subsidiary legislation made under the Act in relation to the

assignment;

(e) upon the contravention of any other relevant written laws; or

(f) if the suspension or cancellation is in the public interest.

(2) Before suspending or cancelling an assignment, the Commission shall notify the assignment holder in writing of its intention.

(3) The assignment holder shall within thirty days from the date of issuance of the written notice provide a written submission to

the Commission stating the reasons for not suspending or cancelling the assignment.

(4) The Commission shall give due consideration to any submission made by the assignment holder before making a decision to

suspend or cancel the assignment.

(5) If a suspension or cancellation of an assignment affects members of the public, the Commission shall give due consideration

to any submission made by the members of the public before making a decision to suspend or cancel the assignment.

(6) The suspension or cancellation of an assignment shall take effect on the expiry of fourteen days from the date on which the

notice of suspension or cancellation is served on the assignment holder.

(7) If the assignment has been cancelled under subregulation (1) -

(a) the assignment holder shall, unless otherwise authorised by the Commission, cease all operation within the scope of

the affected assignment within thirty days from the date of cancellation of the assignment; and

(b) the cancellation shall not prejudice or affect the rights of the Commission or the Government to recover any money

due to them or obtain any remedy arising from or in relation to any breach of any condition of the assignment or the

failure to implement or comply with the Act or any subsidiary legislation made under the Act by the assignment holder.

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Regulation 13. Application to vary an assignment

(1) An assignment holder may apply to the Commission to vary an assignment.

(2) The application made under subregulation (1) shall be in writing and state the following matters:

(a) the particulars of the assignment holder;

(b) the conditions imposed on the assignment;

(c) the proposed dates within which the proposed variation shall become valid;

(d) the details of all proposed variations and the reasons for the proposed variations;

(e) the details of all considerations, whether monetary or otherwise relating to the application; and

(f) any other matters as the Commission may require.

(3) The application under subregulation (1) shall be submitted to the Commission accompanied by a fee as prescribed in the

Second Schedule.

(4) The Commission may at any time request the applicant to provide within the period specified in the request, further

information or other document.

(5) If any information or document required under subregulation (4) is not provided by the applicant within the period specified in

the request, the application shall be deemed to have been withdrawn and shall not be further proceeded with, but without

affecting the right of the applicant to make a fresh application.

(6) The Commission shall, within a period of thirty days from the date of receipt of the application or all relevant information as

may have been requested under subregulation (4) , as the case may be, decide whether to approve, in whole or in part, or

reject the application.

(7) If the Commission neither approves nor rejects the application in accordance with subregulation (6) , the Commission is

deemed to have rejected the entire application unless the applicant receives a written notice approving the application after the

period referred to in that subregulation.

(8) If the Commission approves the application, the Commission shall, as soon as reasonably practicable -

(a) notify the applicant in writing of its decision to vary the assignment;

(b) vary the assignment accordingly;

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[Ins. P.U.(A) 277/2001]

(d) give one copy of the assignment which has been varied to the applicant.

[Ins. P.U.(A) 277/2001]

(9) If the Commission rejects an application, or a part of it, the Commission shall give the applicant a written notice of its

decision and the reasons for the rejection.

(10) The variation made to the assignment shall continue to have effect until its expiry.

(11) In this regulation, "vary" in relation to a spectrum assignment includes splitting or aggregating the spectrum.

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PART IV - SPECTRUM ASSIGNMENT

Regulation 14. Application for a spectrum assignment

(1) No application for a spectrum assignment shall be submitted to the Commission unless an invitation has been issued by the

Commission in accordance with regulation 8.

(2) If an invitation has been extended to a person, the application for a spectrum assignment shall be made in compliance with

the procedures set out in the applicant information package and accompanied by an application fee as prescribed in the Second

Schedule.

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Regulation 15. Conditions for a spectrum assignment

In addition to the standard conditions under regulation 10, the following conditions may be imposed by the Commission on a

spectrum assignment:

(a) the spectrum assignment holder shall submit a list of the sites at which it intends to install its apparatus at least one

month before the scheduled installation of each apparatus and the list shall include the following information:

[Am. P.U.(A) 277/2001]

(i) the purpose of the site and proposed geographic target market;

(ii) the site name, short code designator, if any, and location;

(iii) the apparatus to be utilised;

(iv) the frequencies to be utilised;

(v) the radio emission parameters;

(vi) the antenna types, antenna pointing directions and heights; and

[Am. P.U.(A) 277/2001]

(vii) the proposed commissioning date of the site; and

(b) such other conditions as stated in the applicant information package, marketing plan or conversion plan.

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Regulation 16. Fees for a spectrum assignment

The fees for a spectrum assignment may be structured as follows -

(a) an annual fee component to contribute to the maintenance of the spectrum underlying the assignment; and

(b) a price component set by either auction, tender or other method within the scope of the Act payable annually or in a

lump sum.

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Regulation 17. Validity of a spectrum assignment

A spectrum assignment shall be valid for a period of twenty years or such lesser period as may be specified in the spectrum

assignment.

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Regulation 18. Suspension or cancellation of a spectrum assignment

(1) If the suspension or cancellation of a spectrum assignment under regulation 12 has taken effect, the Commission shall, as

soon as practicable, cause the suspension or cancellation notice to be published in at least one national language and one

English language national daily newspaper for at least three consecutive days.

(2) Any delay or failure to publish the suspension or cancellation notice under subregulation (1) shall not affect the validity of the

suspension or cancellation of the spectrum assignment.

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Regulation 19. Transfer or dealing with a spectrum assignment

(1) The spectrum assignment holder may transfer or otherwise deal with the whole or any part of a spectrum assignment subject

to -

(a) the conditions of the spectrum assignment;

(b) the eligibility requirements applicable when the spectrum assignment was issued;

(c) the spectrum assignment not having been originally issued in the public or national interest;

(d) the rules made by the Minister under section 163 of the Act; and

(e) such other conditions as the Commission may impose.

(2) The conditions which a spectrum assignment holder may be subjected to under subregulation (1) , may result in the right of

the spectrum assignment holder to transfer or otherwise deal with the spectrum assignment in the following manner:

(a) absolute prohibition on transfer or otherwise dealing with the assignment;

(b) permitted if the assignment is transferred or otherwise dealt with in its entirety;

(c) permitted for a geographic area in multiples of the stated geographic unit; or

(d) permitted in multiples of the stated spectrum unit.

(3) If a spectrum assignment for a geographic area is permitted to be transferred or otherwise dealt with, the spectrum

assignment shall explicitly state the method of calculation of the boundaries of the geographic unit.

(4) The boundaries of a geographic unit referred to under subregulation (3) shall be stated in terms of coordinate points or lines

of longitude and latitude.

(5) If a spectrum bandwidth is permitted to be transferred or otherwise dealt with -

(a) the spectrum assignment shall explicitly state the units of bandwidth in terms of bandwidth; and

(b) any condition and obligation associated with a spectrum assignment shall be transferred with the associated units of the

assignment, and where appropriate on a pro rata basis.

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PART V - APPARATUS ASSIGNMENT

Regulation 20. Types of apparatus to be assigned

No person shall use or operate any apparatus which is of the type specified in the First Schedule except with an apparatus

assignment being duly assigned in accordance with these Regulations.

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Regulation 21. Application for an apparatus assignment

(1) A person who intends to apply for an apparatus assignment may use the same form for one or more apparatus of the same

type of station, under the same designated frequency band and the same location.

[Subs. P.U.(A) 277/2001]

(2) An application for an apparatus assignment shall be accompanied by -

(a) an application fee as prescribed in the Second Schedule; and

(b) such information or document as may be specified in the marketing plan or an administrative guideline issued by the

Commission.

(3) The Commission may at any time request the applicant to provide within the period specified in the request, such further

information or document.

(4) In deciding whether or not to grant an apparatus assignment, the Commission shall consider the following matters:

(a) the impact of interference with regard to the safety of the public;

(b) the threat to safety of the incorrect use of an apparatus;

(c) the level of congestion within the spectrum range required;

(d) the effect of upgrading and enhancement of network facilities and network services;

(e) the potential utilisation of spectrum to promote innovations or applications;

(f) the introduction of new network facilities or network services in the market;

(g) compliance with technical standard requirements;

(h) the spectrum plan; and

(i) any other matter as the Commission may deem necessary.

(5) The grant of an apparatus assignment shall not be construed as conferring upon the apparatus assignment holder a

monopoly of the use of the frequency or a right of continued tenure in respect of the frequency.

(6) The Commission may require the apparatus assignment holder to share an assigned frequency with other assignment

holders.

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Regulation 22. Conditions for an apparatus assignment

In addition to the conditions under regulation 10, the following conditions may be imposed by the Commission on an apparatus

assignment:

(a) any apparatus and the operation, location and arrangement of it shall conform to the requirements, specifications,

standards, plans and procedures as approved by the Commission;

(b) the frequency, bandwidth, type of emission and power used in respect of an apparatus assignment shall be as

specified by the Commission;

(c) no material change to an approved site or station related to the apparatus shall be made without the prior written

approval of the Commission;

(d) an antenna which crosses above or is liable to fall upon or to be blown on to an overhead telephone, telegraph,

power wire or apparatus shall be guarded to the reasonable satisfaction of the owner of the overhead telephone,

telegraph, power wire or apparatus;

(e) the apparatus assignment or a certified true copy of it shall be posted in a conspicuous place where the apparatus is

located; and

(f) the Commission may require from the apparatus assignment holder any report, analysis or other information regarding

an apparatus or the use of the spectrum.

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Regulation 23. Fees for an apparatus assignment

The fees for an apparatus assignment shall be as prescribed in the First Schedule.

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Regulation 24. Validity of an apparatus assignment

(1) An apparatus assignment shall be valid for a period of five years or such lesser period as may be specified in the apparatus

assignment.

(2) The apparatus assignment holder may, not less than sixty days before the expiry of the apparatus assignment, make a fresh

application to the Commission for an apparatus assignment and regulation 21 shall apply mutatis mutandis for the application.

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Regulation 25. Third party authorisation

(1) An apparatus assignment holder may authorise a third party to operate a network facility which is the subject of the

apparatus assignment if -

(a) the authorisation is in writing;

(b) the third party undertakes to comply with the conditions of the apparatus assignment as if the third party were the

apparatus assignment holder; and

(c) the apparatus assignment holder complies with such other conditions as the Commission may impose.

(2) The apparatus assignment holder shall notify the Commission of its intention to authorise a third party to operate its network

facility, not less than sixty days before the authorisation date, except where otherwise agreed by the Commission.

(3) The grant of an authorisation by an apparatus assignment holder to a third party shall not prevent or preclude the apparatus

assignment holder from using the assignment, simultaneously or otherwise, in accordance with the conditions of the apparatus

assignment.

(4) The third party authorised to operate the network facility shall retain a copy of the authorisation.

(5) The apparatus assignment holder shall notify the authorised third party of any material matters affecting the assignment

within fourteen days after the apparatus assignment holder is given notice of the matter.

(6) The apparatus assignment holder shall be responsible for the conduct of the duly authorised third party.

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PART VI - CLASS ASSIGNMENT

Regulation 26. Types of class assignment

In deciding the types of class assignment that may be issued under section 169 of the Act, the Commission shall consider the

following matters:

(a) whether on going controls are required to be imposed on the operations of certain apparatus or services;

(b) whether specified conditions are required to operate the apparatus or to offer services;

(c) the risk of the apparatus causing minor interference, major interference or harmful interference;

(d) whether the apparatus requires specific frequencies;

(e) whether coverage of the relevant service is to be limited territorially; and

(f) such other matters as the Commission may deem necessary.

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Regulation 27. Fees for a class assignment

No fee shall be payable for a class assignment.

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Regulation 28. Validity of a class assignment

(1) A class assignment shall be valid until cancelled in writing by the Commission.

(2) Before the cancellation of a class assignment, the Commission shall cause a statement to be published in at least one

national language and one English language national daily newspaper for at least three consecutive days notifying the public of

the cancellation and the date the cancellation is to take effect.

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PART VII - COMPULSORY ACQUISITION

Regulation 29. Compulsory acquisition

The Minister may direct the Commission under subsection 178(3) of the Act to acquire compulsorily a spectrum assignment,

wholly or partly.

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Regulation 30. Procedures for compulsory acquisition

(1) The Commission may develop compulsory acquisition procedures within a determined spectrum and in developing the

procedures the Commission shall have regard to the following matters:

(a) the Commission shall satisfy the Minister that the compulsory acquisition of spectrum is the last available method to

achieve the particular objective under the Act;

(b) a copy of the planned compulsory acquisition of spectrum is made available to the public at least a year in advance

for comments before undertaking the compulsory acquisition and the Commission shall have due regard to the

comments made by the public when undertaking the compulsory acquisition;

(c) the procedures by which all assignment holders and third parties including third parties who have been duly

authorised under sections 163 and 167 of the Act to operate network facilities in the spectrum affected by the Minister's

direction under subsection 178(1) of the Act shall be notified of the proposed acquisition;

(d) the right of the affected parties, including but not limited to consumer groups, to make representations on the

proposed acquisition;

(e) offers of alternative assignments;

(f) the review of any decision based on an economic business model taking into account the business model of a

network facilities provider, network service provider, applications service provider and content applications service

provider and consumer costs;

(g) the basis on which the compensation, including interest payable to the affected parties, would be calculated and the

circumstances in which an independent valuer may be appointed;

(h) the procedures by which the affected parties would be able to claim compensation; and

(i) other matters as the Commission may decide.

(2) The procedures for compulsory acquisition developed by the Commission shall be made available to the public for a period

of sixty days for comments and the Commission shall have due regard to the comments provided by the public before issuing

the formal procedures.

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LAWS OF MALAYSIA



Regulation 31. Staggering of acquisition

Subject to regulation 29, the Commission may stagger the acquisition of spectrum to best suit the anticipated dates for which

the compulsorily acquired spectrum may be beneficially utilised.

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LAWS OF MALAYSIA



Regulation 32. Effect of compulsory acquisition

(1) Notwithstanding regulation 31, if the whole spectrum assignment is compulsorily acquired, the spectrum assignment ceases

to have effect on the day specified in the notice of the compulsory acquisition.

(2) If a part of the spectrum assignment is compulsorily acquired, the Commission may -

(a) vary the conditions included in the remaining part of the spectrum assignment; and

(b) provide a copy of the varied spectrum assignment to the assignment holder affected by the acquisition.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 33. Radiocommunications propagation path

(1) No person shall plan, design or construct a structure or physical object so as to obstruct or adversely affect an approved

radiocommunications propagation path.

(2) The Commission may, in consultation with the relevant authorities, cause any such obstruction to be dismantled or removed

at the cost and expense of the person who planned, designed or constructed the structure or physical object.

(3) Any person who contravenes or fails to comply with subregulation (1) commits an offence and shall, on conviction, be liable

to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 34. Spectrum interference

(1) The Commission shall not be responsible for any minor interference, major interference and harmful interference caused by

any part of the spectrum assigned by it.

(2) If an apparatus is believed by the Commission to be causing major interference or harmful interference to a radio-sensitive

radiocommunications device, the owner or user of the apparatus or radio-sensitive radiocommunications device shall allow the

Commission to inspect the apparatus or radio-sensitive radiocommunications device for the purposes of ascertaining whether

the apparatus is causing such major interference or harmful interference.

(3) If an apparatus causes major interference or harmful interference, the Commission may direct the owner or user of the

apparatus to take, at his own expense, such measures as are necessary to eliminate or reduce the interference to the

satisfaction of the Commission.

(4) If it is necessary to modify or alter an apparatus under subregulation (2) , the modification or alteration shall be made within

such reasonable time and upon the terms and conditions specified by the Commission.

(5) A person who -

(a) transmits superfluous signals;

(b) conducts a trial or test or operates any apparatus except in circumstances where the possibility of major interference

or harmful interference is precluded and the possibility of minor interference minimised; or

(c) wilfully uses any apparatus in such a manner as to cause minor interference, major interference or harmful

interference,

commits an offence and shall, on conviction, be liable to a fine not exceeding three hundred thousand ringgit or to imprisonment

for a term not exceeding three years or to both.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 35. Form

Every application for an assignment or any other matter provided for in these Regulations shall be in the form issued by the

Commission.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 36. Fees

(1) The fees payable under these Regulations shall be paid to the Commission by such means and in such manner as the

Commission may decide in writing.

(2) The Commission may waive the fees prescribed in the First Schedule or Second Schedule in the national or public interest.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 37. Register of assignment, etc

The Commission shall maintain a register of all assignments and any variation made to the assignment, third party

authorisations and third party transfers under these Regulations in accordance with section 81 of the Act, unless the

Commission is satisfied that such matters should not be disclosed in the national interest.

[Subs. P.U.(A) 277/2001]

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 38. Record of authorisations, etc

An assignment holder who makes a third party authorisation or obtains a variation under these Regulations shall -

(a) cause a copy of the authorisation or variation to be kept at its registered office; and

(b) retain a copy of the authorisation or variation for at least one year after the authorisation or variation ceases to be in

force.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 39. Distress calls

A person using or operating an apparatus shall accept with absolute priority a distress call or message regardless of its origin

and reply or take immediate action in respect of the call or message and without unnecessary delay, retransmit it to the

appropriate authority.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 40. Indemnity

Neither the Government nor the Commission shall be responsible for an infringement of any law arising in connection with an

apparatus assigned under the Act or these Regulations or occasioned by the use of the apparatus and the relevant assignment

holder shall indemnify the Government and the Commission against any action, claim or demand for loss or damage arising out

of any infringement of laws as a result of the usage of the apparatus by the assignment holder.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 41. General penalty

Any person who contravenes or fails to comply with any provision of these Regulations commits an offence and shall, on

conviction, be liable to a fine not exceeding one hundred thousand ringgit or to a term of imprisonment not exceeding six months

or to both.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 42. Extension of time

Notwithstanding anything contained in these Regulations, where a time period is specified for an act to be done or a condition to

be fulfilled, the person affected may request for an extension of time in writing and the Commission may grant such extension of

time as it deems fit.

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LAWS OF MALAYSIA


PART VIII - GENERAL

Regulation 43. Certified true copy of assignments

(1) An assignment holder may apply to the Commission in writing to obtain a certified true copy of his assignment.

(2) Upon payment of a fee as prescribed in the Second Schedule, the Commission shall provide a certified true copy of the

assignment to the assignment holder.

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LAWS OF MALAYSIA

Communications and Multimedia Act 1998 [Act 588]

COMMUNICATIONS AND MULTIMEDIA (TECHNICAL STANDARDS) REGULATIONS 2000 [P.U.(A) 124/2000 ]

FIRST SCHEDULE

(Regulation 23)

TABLE A

FEES FOR APPARATUS ASSIGNMENT

Fixed Fees

Nature of Service as

Per Spectrum PlanType of Apparatus

Annual Fees

(RM)

FIXED

Earth Station (less than 2.4 meters) 120.00

Earth Station (2.4 meters and above) 1,200.00

Land Station (less than 30 MHz) 60.00

Land Station (30 MHz up to 3 GHz) 120.00

Land Station (more than 3 GHz) 240.00

Experimental Station 60.00

Press Receiving Station 360.00

Fixed Station 120.00

[Subs. P.U.(A) 277/2001]

RADIODETERMINATION Radiolocation Station 120.00

Radionavigation Station 120.00

Radiodetermination Station 1,200.00

SPACE Space Station 120.00

Amateur-Satellite Station 120.00

Broadcasting Satellite Station 1,200.00

Fixed-Satellite Station 1,200.00

MOBILE Mobile Station 60.00

Land Mobile Station 60.00

Aeronautical Mobile Station 60.00

Mobile Earth Station 60.00

Maritime Mobile Earth Station 60.00

Aeronautical Mobile Earth Station 60.00

Experimental Station 60.00

Ship Station 60.00

Remote Controlled Station 60.00

Private Use Station 240.00

Paging Base Station 120.00

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Leased Channel Radio Base Station 120.00

Trunked Radio Base Station 120.00

Cordless Base Station 120.00

Coast Station 120.00

Wireless Alarm Station 60.00

Aircraft Station 60.00

Aeronautical Fixed Station 120.00

BROADCASTING Broadcasting Transmitter Station 1200.00

Broadcasting Repeater Station 120.00

AMATEUR Amateur Station (Class A) 36.00

Amateur Station (Class B) 24.00

Amateur Repeater Station 60.00

[Subs. P.U.(A) 277/2001]

TABLE B

FEES FOR APPARATUS ASSIGNMENT

Variable Fees

Bandwidth (per channel)*

(kHz)

Annual fees with respect to bands

per apparatus (RM)

Less than 30

MHz30 MHz up to 3GHz More than 3 GHz

0.000 - 5.000 42.00 90.00 60.00

5.001 - 12.000 52.00 110.00 70.00

12.001 - 25.000 62.00 130.00 90.00

25.001 - 100.000 113.00 230.00 130.00

100.001 - 200.000 186.00 380.00 200.00

200.001 - 1000.000 264.00 520.00 280.00

1000.001 - 3500.000 342.00 680.00 360.00

3500.001 - 7000.000 420.00 840.00 440.00

7000.001 - 14000.000 498.00 1000.00 510.00

14000.001 - 28000.000 576.00 1160.00 590.00

28000.001 - 36000.000 654.00 1300.00 670.00

36000.001 - 54000.000 732.00 1470.00 750.00

54000.001 or greater 810.00 1620.00 830.00

[Subs. P.U.(A) 277/2001]

Note:

*Bandwidth is the total occupied bandwidth including the guard bands.

1. For the purpose of calculating the apparatus assignment fees under this Schedule, the Commission shall take into account

the following:

(a) the nature of the service and the type of apparatus as specified in Table A and the term of the apparatus assignment;

(b) the date the apparatus assignment is issued or the date requested by the applicant, whichever is the later;

(c) all fees may be pro-rated based on the period of use (for short term use, three months being the minimum term) or

may be pro-rated to an expiry date;

[Am. P.U.(A) 277/2001]

(d) the total fees payable for an apparatus assignment is the fee calculated using the fixed fee plus the variable fees for

an assignment. An apparatus assignment may have fixed fees charges for the existence of the apparatus only or plus

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provided;

[Subs. P.U.(A) 277/2001]

(e) for fixed apparatus communicating with other fixed apparatus or space apparatus, as in the case of point-to-point

systems, the fee is calculated relative to the number of transmit and receive frequencies and the bandwidth for each

frequency;

(f) for any fixed apparatus communicating with mobile apparatus such as an aircraft, ship and land mobile, the fee is

calculated relative to the number of transmit and receive frequencies and the bandwidth for each frequency employed;

[Am. P.U.(A) 277/2001]

(g) for fixed apparatus communicating with other fixed apparatus or mobile apparatus on the same frequency, for

example, an automatic repeater, one fee will be charged for communications with the fixed apparatus and one fee with

the mobile apparatus as in the case of a leased channel radio base station and trunked radio base station;

(h) for communications via a fixed apparatus with other apparatus, whether fixed or mobile on the same paired or single

frequency, for example, via a repeater or fixed base station, the fee will be charged on a single repeater or base station

basis and for the channel bandwidth occupied for each distinct channel as in Table B; and

(i) for fixed apparatus using only one frequency to communicate with any number of mobiles applications, whether

aircraft, ship or land mobiles, the fee shall be based on the single use of that frequency and bandwidth.

[Am. P.U.(A) 277/2001]

(2) In this Schedule:

"aeronautical fixed station" means a land-based station that is able to communicate with an aircraft;

"aeronautical mobile station" means a land station in the aeronautical mobile service;

"aeronautical mobile earth station" means a mobile earth station which is located on board an aircraft or a survival craft, life boat

or life craft;

"aeronautical mobile-satellite service" means a mobile-satellite service in which a mobile earth station is located on board an

aircraft or a survival craft, a life boat or life craft;

"aeronautical mobile service" means a mobile service between an aeronautical station and aircraft station, or between aircraft

stations in which a survival craft station may participate or in which an emergency position indicating radio beacon may also

participate on designated distress and emergency frequencies;

"aircraft" includes any aeroplane, airship, hot air balloon and any other man-made flying machine which is propelled through the

air whether by natural or mechanical means and that has radiocommunications equipment installed;

"aircraft station" means a station located on board any aircraft;

"amateur radio service" means a radiocommunications service in which a station is used for the purpose of self-training,

intercommunication and technical investigations carried out by amateurs, that is, by duly authorised persons who are interested

in radio technique solely with a personal aim and without any pecuniary interest;

"amateur repeater station" means a station that is used for the reception of radiocommunications from a transmitter and for the

automatic relaying of radiocommunications to receivers;

[Ins. P.U.(A) 277/2001]

"amateur-satellite service" means a radiocommunications service using a space station on earth satellites for the same

purposes as those of the amateur radio service;

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"amateur station" means a station in the amateur radio service;

"amateur-satellite station" means a space station in the amateur-satellite service;

"bandwidth" means the width of a frequency band;

"broadcasting repeater station" means a station that is used for the reception of radiocommunications from a transmitter and for

the automatic relaying of radiocommunications to receivers;

"broadcasting satellite service" means a radiocommunications service in which signals transmitted or retransmitted by space

stations are intended for direct reception by the general public or a section of the general public;

"broadcasting satellite station" means a space station in the broadcasting satellite services;

"broadcasting service" means a content applications service in which content is transmitted by means of radiocommunications

and intended for direct reception by the general public or a section of the general public;

"broadcasting station" means a fixed station used to provide one or more broadcasting service;

"broadcasting transmitter station" means a fixed station used to broadcast by transmitting broadcast and ancillary services in a

defined spectrum channel;

"cellular mobile service" means a mobile service between a cellular radio base station and cellular mobile access device;

"cellular mobile access device" means an access device to access a radio network in one of the cellular bands;

[Am. P.U.(A) 277/2001]

"cellular radio base station" means a fixed station used to provide a network service to subscribers and which is used as the link

between any cellular mobile access device and network facilities or between any cellular mobile access device and other

cellular mobile access devices;

"coast station" means a land station in the maritime mobile service;

"cordless base station" means a fixed station used to provide a network service to subscribers and which is used as the link

between any cordless telephone access device and network facilities or between any cordless telephone access device and

other cordless telephone access device;

[Ins. P.U.(A) 277/2001]

"earth station" means a station located either on the earth's surface or within the major portion of the earth's atmosphere and

intended for communications -

(a) with one or more space stations; or

(b) with one or more stations of the same kind, by means of one or more reflecting satellites or other objects in space;

"emergency position indicating radiobeacon" means a radiolocation station, the emissions of which are intended to facilitate

search and rescue operations;

"experimental station" means a fixed station or mobile station used for research and development, educational or demonstration

purposes;

"fixed-satellite service" means a radiocommunications service between earth stations at a given position, and when one or more

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satellite-to-satellite links which may also be operated in the inter-satellite service and feeder links for other space services;

"fixed-satellite station" means a space station in the fixed-satellite service;

"fixed service" means a radiocommunications service between specified fixed points;

"fixed station " means a station which is located in a specified location and is intended to be used in that specified location;

"inter-satellite service" means a radiocommunications service providing links between artificial earth stations;

"land mobile satellite service" means a mobile satellite service in which mobile earth stations are located on land;

"land mobile station" means a mobile station in the mobile service operating on land capable of having surface movement within

geographical limits of a country or continent;

"land station" means a station in the fixed service operating on land and not intended to be used while in motion;

"leased channel radio access device" means a device in a mobile service by linking a single radio frequency channel to a

person or group of person;

"leased channel radio base station" means a fixed station providing leased channel radiocommunications and used as a link

between a fixed station and a leased channel radio access devices;

[Subs. P.U.(A) 277/2001]

"maritime mobile service" means a mobile service between a coast station and a ship station, or between ship stations, or

between associated on-board stations and includes a survival craft station and emergency position indicating radiobeacon

stations;

"maritime mobile-satellite service" means a mobile-satellite service in which mobile earth stations are located on board vessels

and includes a survival craft station and emergency position indicating radiobeacon stations;

"maritime mobile earth station" means a mobile station in the maritime mobile-satellite service;

"mobile earth station" means an earth station in the mobile satellite service intended to be used while in motion or during halts at

unspecified points;

[Subs. P.U.(A) 277/2001]

"mobile service" means a radiocommunications service between a mobile station and land station, or between mobile stations;

"mobile satellite service" means a radiocommunications service -

(i) between a mobile earth station and one or more space stations, or between space stations used by this service; or

(ii) between mobile earth stations by means of one or more space stations,

and includes feeder links which are necessary for its operation;

"mobile station" means a transportable station operating on land and is intended to be used while in motion or during halts at

unspecified points;

"paging base station" means a fixed station used for providing paging messages;

"press receiving station" means a station intended for the reception of multi-destination press messages;

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group of persons or company for communicating with authorised base stations or mobile stations;

"radio waves" means electromagnetic waves of frequencies arbitrarily lower than 3000GHz propagated in space without artificial

guides;

"radiocommunications" means communications by means of radio waves;

"radiocommunications services" means any radiocommunications-based network service;

"radiodetermination" means the determination of the position, velocity, direction and other characteristics of an object or for

obtaining information relating to the object by means of the spectrum;

"radiodetermination service" means a radiocommunications service for the purpose of radiodetermination;

"radiodetermination station" means a station used for the purpose of radiodetermination;

"radiolocation service" means a radiodetermination service used for the purpose of radiolocation;

"radiolocation station" means a radiodetermination station used in the radiolocation service for purposes other than

radionavigation services;

"radionavigation service" means a service for the purpose of navigation including the purpose of announcing obstruction

warnings;

"radionavigation station" means a radiodetermination station used for the purpose of radionavigation service;

"remote controlled station" means a fixed station or mobile station controlled by radiocommunications signal from a remote site;

"safety service" means any radiocommunications service whether permanent or temporary, with the ability to meet emergency

relief communications requirements for the safeguarding of human life and/or property;

[Subs. P.U.(A) 277/2001]

"ship station" means a station located on board a vessel, other than a survival craft, which is not permanently moored;

"space service" means a radiocommunications service using a space station or any other stations located beyond, or intended

to go beyond, or which has been beyond, the major portion of the Earth's atmosphere;

"space station" means a station used or intended for use in the space service;

"survival craft station" means a mobile station intended solely for survival purposes and located on any vessel or aircraft, life

boat, life craft or other survival equipment;

"trunked radio access device" means a device using a network service in a radiocommunications system in which the

communications traffic may pass through any of the trunked group channels selected automatically by the system being served

by a trunked radio base station;

"trunked radio base station" means a fixed station providing trunked two-way radiocommunications and used as a link between

a fixed station and a trunked radio access device;

[Am. P.U.(A) 277/2001]

"vessel" includes any ship, barge, boat, hovercraft or other craft or floating platform used primarily on water and whether fixed or

floating and whether guided by mechanical or other means;

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LAWS OF MALAYSIA

Communications and Multimedia Act 1998 [Act 588]

COMMUNICATIONS AND MULTIMEDIA (TECHNICAL STANDARDS) REGULATIONS 2000 [P.U.(A) 124/2000 ]

SECOND SCHEDULE

[Regulations 8, 13, 36 and 43]

APPLICATION FEES

Matter

Fee

Application for a spectrum assignment not exceeding

RM5,000.00 per application

Application for an apparatus assignment RM60.00 per

application form

Application for variation of a spectrum assignment not exceeding

RM500.00 per application

Application for variation of an apparatus assignment RM20.00 per

application

Application for a certified true copy of an assignment RM10.00 per page

Application for a copy or taking extracts from the register of an assignment RM1.00 per

page

Made 31 March 2000.

[KTKM(S) 353/146/5 Klt 3; PN(PU2)601]

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Minister of

Energy,

Communications

and

Multimedia

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