Communications And Multimedia Act 1998

Original Language Title: Communications and Multimedia Act 1998

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Laws of Malaysia Act 588 Reprint communications and MUltiMedia Act 1998 Contains all amendments to 1 January 2006 published by the Commissioner of law revision, under the authority of Law Revision Act 1968 In collaboration with PerCetakan naSional malaySia bhD 2006 laws of Malaysia Act 588 communications and MUltiMedia Act 1998 the date of Royal Assent............ 3 September 1998, the date of publication in the Gazette of ... ... more 15 October 1998 communications and Multimedia 3 laws of Malaysia Act 588 communications and MUltiMedia Act 1998 arrangement of sections part i preliminary section 1. short title. Commencement 3. the goal of 4. Application of region and outside the region 5. Minister's power to exclude people, certain geographical areas, etc.
6. interpretation part ii power and procedure the Minister Chapter 1 Instructions of the Minister 7. directions by Minister 8. Change in instructions 9. Express instructions chapter determination of Minister 10. The determination by the Minister 11. Changes the determination 1. Express determination of the 4 laws of Malaysia Act 588 Chapter 3 Declaration of the Minister section 13. Declaration by Minister 14. Modifications, changes or cancellation Declaration 15. Express declaration Chapter 4 regulations By Minister 16. power of Minister to make regulations part iii tribunal appeal 17. The establishment of a tribunal of appeal 18. Matters may be reviewed by the appeal tribunal 19. eligibility of members of the 0. Resignation or termination of appointment 1. job vacancy and appointment of the acting. the quorum for the appeal tribunal 3. the results of the 23a. Enforcement of the decision of the tribunal appeal 4. the appeal tribunal procedure 24a. power of tribunal appeal 5. Suspension Member 6. Disclosure of interest 26a. The Secretary to the appeal tribunal and other officers 26B. obligation of secrecy 26c. Public servants and public servants 26d. The application of the public authorities Protection Act 1948 26e. Act or omission made in good faith Communication and Multimedia 5 of part iV license Chapter 1 individual license Section 7. An application for an individual licence 8. more information 9. The recommendation by the Commission 30. The granting of individual licences 31. Restrictions on the granting of individual licences 3. Compliance with conditions of licence 33 individuals. Modifications, changes or cancellations conditions 34 individual license. 35 individual license renewal. Delivery of 36 individual license. Transfer individual license or change of ownership of 37. The recommendation for suspension or cancellation of 38 individual license. Suspension or cancellation of license individuals by Minister 39. the effective date of the suspension or revocation of the license of the individual 40. Broadcasting on the suspension or cancellation of 41 individual license. effect of suspension, revocation, return or expiry of individual licences 4. Check individual license 43. rights and obligations that came with individual license Chapter 44 class license. the Minister may grant the license class 45. Application for the registration of 46. requirements for the registration of 47. The recommendation by the Commission 48. Cancellation of registration by the Minister of 49. Express license class 6 laws of Malaysia Act 588 Section 50. Express notice of registration part V powers and procedure of Suruhanjaya komunikaSi Dan multimeDia malaySia Chapter 1 Directive 51. instructions by the Commission 5. Modifications, changes or cancellation of this authorization by the Commission 53. offence for not complying with the instructions of the Commission 54. Express instructions chapter determination of 55. The determination by the Commission 56. Modification, alteration or cancellation of the determination by the Commission 57. Express determination of Chapter 3 investigation of 58. The investigation by the Commission 59. combines the two investigations or over 60. 61. Conduct of investigation Investigation shall be openly 6. The exception of the open investigation 63. confidential material should not be disclosed 64. instructions about 65 investigations. report on an investigation of a 66. Protection from civil actions 67. Express report communications and Multimedia 7 Chapter 4 Investigation for the purpose of administration, Investigation, etc.
Section 68. The investigation by the Commission 69. complaints to the Commission 70. Conduct of investigation of 71. report on investigation 7. Publication of report Chapter 5 power to collect information 73. Whistleblowing 74. offence because 75 compliant. offence for providing information, evidence or false or misleading documents, etc.
76. proof of compliance with 77. The Commission can save document 78. incorrect record 79. information record 80. Publication information Chapter 6 Express 81. Express all the things Chapter 7 Notification And dispute resolution 8. 83 disputes. Notification of dispute 84. The Commission shall act only when informed 85. The Commission may publish guidelines on 86. The Commission shall decide disputes notified 8 laws of Malaysia Act 588 87. the decision shall be in writing 88. Express the results of 89. Enforcement of Chapter 8 Registration Agreement 90. Application for registration agreement 91. When the Commission shall register the agreement 9. 93. effect of registration contents of express agreement chapter 9 Voluntary Industry Code 94. 95 industry forum. coded by 96 industry forum. The Commission may determine the voluntary industry code 97. a voluntary industry code that used 98. Voluntary industry code compliance registered a valid defense 99. instructions so that voluntary industry code registered complied with 100. Civil penalties for non-compliance 101. Cancellation code 10. Production of the new voluntary industry code by industry forum 103. Express code of voluntary industry Standards Mandatory during Chapter 10 104. Determination of mandatory standards 105. Mandatory standards must be in line 106. Modification, alteration or cancellation of the mandatory standard 107. Mandatory standards must be given priority 108. Compliance with the mandatory standard a valid defense 109. Civil penalties for non-compliance Section communications and Multimedia 9 Chapter 11 Undertaking Section 110. undertaking by a person 111. Registration of undertakings 11. rules with respect to undertaking 113. The withdrawal of undertaking 114. Replacement of undertaking 115. Express undertaking 116. Enforcement undertaking Chapter 1 the remnants of Regulation 117. Omission regulation 118. Determination by Minister chapter 13 Review results of 119. a review by the Commission 10. a review by the tribunal of appeal 11. judicial review Chapter 14 review of Regulations 1. review of subsidiary legislation by the Commission chapter 15 monitoring and reporting 13. report to the Minister on the performance of the industry 14. Things to monitor and reported 15. the report shall be published 10 laws of Malaysia Act 588 part Vi Regulatory economics chapter 1 Licensing Section 16. Licensing network facilities, network services and applications services 17. Compliance with conditions of licence 18. the definition of the boundaries of the network 19. Exception for service provider applications are not subject to 130 class license. Named 131 facilities providers. Providers under license class required to register 13. separate license Practice Chapter 133 General Competition. prohibition against anti competitive behavior-134. The Commission may publish guidelines on 135. prohibition against the making of confidential Alliance agreement 136. prohibition against arrangements link or link 137. Determination of the dominant licensees 138. guidelines on the meaning of "dominant position" 139. The Commission may direct the licensee at the dominant position of 140. Justification the behavior of 141. Express permission of 14. 143. remedies for non-compliance Penalties for the offence of 144. the Minister may make rules Chapter 3 access to 145. facilities and services can be included in the list of access communications and Multimedia 11 of section 146. Determination of facilities and services by the Commission 147. Recommendation by 148 access forum. Express access list 149. standard access obligations for facilities and services 150. 151. access agreement registration Dispute notification access 15. 153. Access Forum access code 154. Registration access code 155. industrial access undertaking 156. Registration of undertaking part Vii Regulatory Techniques chapter 1 157 Spectrum Allocation. prohibition of use of spectrum without earmarking of 158. power of Minister to make regulations 159. Production allocation spectrum 160. Spectrum allocation plan shall comply with the broad spectrum of 161. Reproduction the earmarking of spectrum 16. Third party transfer 163. methods of transfer of title 164. Production allocation apparatus 165. Earmarking of the apparatus shall comply with 166 spectrum plan. Situations when the earmarking of the apparatus cannot be issued 167. Justification third parties 168. the maximum duration of the earmarking of 169 apparatus. Earmarking of the class 170. The earmarking of class 171 spectrum plans should comply with. Situations when the earmarking of class shall not be issued 17. 1 spectrum plan laws of Malaysia Act 173 Section 588. contents of 174 spectrum plan. priority rights 175. Disputes about the disruption of 176. the Minister may determine the spectrum for the earmarking of spectrum of 177. the plan shall include procedures for spectrum allocation and spectrum allocation apparatus 178. The compulsory acquisition in spectrum allocation specified chapter Numbering And Electronic Addressing 179. control, planning and administration of numbering and electronic addressing 180. numbering and electronic addressing plan 181. The management or maintenance of public number database or electronic address integrated Chapter 3 Standard Techniques 18. prevent kesalingbolehkendalian an offence 183. affect the public safety of an offence 184. Standard techniques 185 Forum. Matters for code 186 techniques. agency certification of part Viii protection of Users

Chapter 1 the quality of service 187. Exemption from the provisions of offences 188. The provision of network services or applications services communications and Multimedia 13 189. 190 users forum. Things for the user code 191. Publication of user code Required application service chapter 19. Application services are required to 193. the directions of the Minister that given application service be required to 194. instructions can specify details of handling Chapter 3 dispute resolution 195 Users. Dispute between 196 user with licensee. procedures for consumer complaint Chapter 4 197 Rate Regulation. Fixing of rates by lender 198. Principles on the determination of the rate of 199. Fixing of rates by the Minister 00. Minister's power to determine the person or area for special rate 01. rules on the rates of Chapter 5 universal service 0. The system of universal service 03. the definition of "underserved area" and "the underserved group within the community", etc.
04. Universal service provision section 14 laws of Malaysia Act 588 part iX Social Chapter 1 Regulatory Licensing Section 05. prohibition against application service provision content 06. Compliance with conditions of licence 7. Closed 08 content application service. Exceptions for content side 09. Limited content applications services 10. Opinion on the Content requirements of chapter services category 11. prohibition against granting jelik content 1. Forum content 13. content code part X General Chapter 1 installation of network facilities, access to network facilities, etc.
14. Examination of land 15. Installation of network facilities 16. minimum damage 17. Network facilities providers shall reinstate the land 18. Management activities 19. Agreements with public facilities 0. The conditions which permit installation of network facilities subject Communication and Multimedia 15 1. notice to the owner of the land. notice to the owner of land for pencantasan trees, etc.
3. notice to road authorities, public utilities, etc.
4. roads, etc., shall remain open for line 5. Permit the installation of network facilities 6. the criteria for the issuance of permits for installation of network facilities 7. Permit the installation of network facilities have effect subject to this Act and other laws 8. access to network facilities or poles, right of way 9. The Commission shall regulate matters of access to poles, etc.
30. the Minister may make regulations chapter offence and Penalty Additional 31. error if using apparatus or device without the approval of the 3. The use of fraudulent network facilities, network services, etc.
33. improper use of network facilities or network services, etc.
34. Interception and disclosure of communications prohibited 35. damage to the network facilities, etc.
36. Fraud and related activity in connection with access devices, etc.
37. the prohibition against callback service 38. Transmission of the equipment or device is not standard 39. Use, possession or unauthorized supply, equipment or device is not standard 40. offence to distribute or advertise any equipment or device communications for interception of communications 41. offence for providing false and misleading statement 4. offences and penalties General 43. Compounding of offences 44. offences by body corporate section 16 laws of Malaysia Act 588 Chapter 3 Power to enter, investigation of offences And Prosecution Section 45. Authorized officers 46. authority to investigate 47. Search with warrant 48. Search and seizure without a warrant 49. Access to computerized data 50. List of things seized 51. The release of a thing seized 5. power to intercept communications 53. impedance search 54. the extra power 55. the power to require the attendance of the person who knew about the case of 56. Examination of people who know about 57 cases. admissibility of statements as evidence 58. Authorized officers shall complete the investigation and handed it to police, 59. Prosecution 60. Forfeiture 61. jurisdiction to try the offence of 6. remuneration Chapter 4 Article 63 national interests. General obligations the licensee is 64. those who cannot be convicted for acts done in good faith 65. ability to network interception 66. special powers during the Malayan emergency, 67. disaster plan Communication and Multimedia 17 Chapter 5 Miscellaneous Section 68. the Minister may make rules on record keeping 69. cooperation with other authorities, 70. Instrument which is given under this Act 71. This Act prevail over other Act 7. Protection officers and others part Xi transitional provisions Chapter 1 Repeal And saving of 73. The abolition of 74. 75 the telecommunications Fund liquidation. Transitional Provisions for the exclusion of Chapter 76 License. old licence shall become effective 77. new class license shall replace the old license 78. the old license must be registered 79. registered license does not give the benefit of the new 80. The old licensee shall state the intention 81. Registered licensees can apply for individual licences under this Act 8. Determination of facilities and services listed table 18 laws of Malaysia Act 588 19 communications and Multimedia laws of Malaysia Act 588 communications and MUltiMedia Act 1998 an act to provide on and regulating the communications and multimedia industry geared towards mergers and matters incidental thereto.
[April 1, 1999, P.U. (B) 128/1999 — except ss. 157, 159-162, 164-171, 176, 178, 197 198 &; 1 April 2000, P.U. (B) 106/2000 — ss. 157, 159-162, 164-171, 176 & 178; 1 March 2002, P.U. (B) 66/2002 — ss. 197 & 198] be it enacted by the Seri Paduka baginda yang di-Pertuan agong with the advice and consent of the Dewan negara and Dewan rakyat in Parliament assembled , and by the authority of the same, as follows: part i preliminary short title 1. This Act may be cited as the communications and multimedia Act 1998.
Commencement 2. This Act shall come into force on such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions in this Act.
0 the laws of Malaysia Act 588 Goals 3. (1) the objective of this Act is — (a) to promote the goals of the national policy for the communications and multimedia industry; (b) to establish a licensing and regulatory framework to support national policy objectives for the communications and multimedia industry;
(c) establish the powers and functions of Suruhanjaya komunikasi dan multimedia malaysia; and (d) establish the powers and procedures for the administration of this Act.
() national policy objectives for the communications and multimedia industry is — (a) to make malaysia a centre and the focal point for communication services and information services and multimedia content;
(b) encourage the establishment of civil society in which the service is based on information will provide the basis for continuous improvement to the quality of work and life;
(c) expanding and cultivating sources of information and representation of local culture that helps highlight national identity and diversity of the world;
(d) regulating the long-term benefits for the end user;
(e) promote a high level of consumer confidence in the industry of service delivery;
(f) ensure the provision of equal service affordable through the national infrastructure that is always there;
(g) creating applications that actively for the end user;
(h) facilitate the effective distribution of resources, such as skilled labour, capital, knowledge and national asset;
Communications and Multimedia 1 (i) encourage capacity building and efficiency in industry mergers of malaysia; and (j) to ensure information security and reliability and integrity of the network.
(3) no nothing in this Act shall be construed as permitting the censorship of the Internet.
Application of regional and external territories 4. (1) this Act and its subsidiary legislation applicable within and outside malaysia.
() Notwithstanding subsection (1), this Act and its subsidiary legislation shall apply to any person outside the geographical limits of malaysia and its territorial waters if such person — (a) is the holder of a licence under this Act; or (b) provide facilities or services under this Act in a place in malaysia.
(3) for the purposes of this section, "somewhere" means a point of any kind or description whether on land, in the atmosphere, in space, underground, under water, in the sea or elsewhere.
(4) for the purposes of this section, a place that is — (a) at or below the stratospheric; and (b) on the geographical limits of malaysia and its territorial waters, is considered to be a place within the limits of its territorial waters and geography of malaysia.
Minister's power to exclude people, certain geographical areas, etc.
5. Notwithstanding section 4, the Minister may, by order published in the Gazette, does not include or exclude any person or place, premises or geographical area from any description of the provisions of this Act.
Laws of Malaysia Act 588 interpretation 6. In this Act, unless the context otherwise requires — "certification agency" means the agency certification of registered under section 186;
"directive" means a directive issued by the Minister under section 7, or by the Commission under section 51;

"access" means access to a network facilities or network services listed under section 3 of part Vi;
"register" means any one of the created or maintained by the Commission for the purposes of this Act;
"register opinion" means express opinion maintained under section 97 or 10, or any other related section;
"the forum access" means forum prescribed under section 15;
"industry forum" means the forum that may be prescribed under section 94;
"forum content" means the forum laid down under section 1;
"user forum" means the forum laid down under section 189;
"the forum standard techniques" means the forum laid down under section 184;
"frequency band" means a continuous spectrum of frequency range;
"content" means any text, sound, still images, moving pictures or other audiovisual presentation, tactile presentation or any combination of such capable designed, manipulated, stored, retrieved or delivered electronically;
Communications and Multimedia 3 "side content" means a content that is incidental to the supply of services the application because — (a) it relates solely with the interface between an application service with an end user; or (b) the reasons set out in the determination of the Minister made under section 10;
"customer equipment" means any equipment, whether hardware or software, or device, which is used next to the users on the border of the network;
"interception capability" means the ability of any network facilities or network services or applications services to intercept communications under section 65;
"public utilities" means a body that conducts to the public — (a) issue or task service, such as electricity, gas, water, sewerage or peparitan;
(b) telecommunications services;
(c) transport services; or (d) the products or services of the type similar to products or services which are covered by paragraph (a), (b) or (c);
"convenient" means any element or combination of elements of physical infrastructure is primarily used for, or in connection with, the provision of network services, but excluding customer equipment;
"access code" means a voluntary industry code provided under section 153;
"voluntary industry code" means a voluntary industry code provided under Chapter 9 part V;
"the code content" means a voluntary industry code provided under chapter part iX;
4 laws of Malaysia Act 588 "user code" means a voluntary industry code provided under Chapter 1 part Viii;
"technical code" means a voluntary industry code provided under Chapter 3 part Vii;
"communication" means any communication, whether between people with people, things with things, or people with objects, in the form of sound, data, text, visual images, signals or any other form or any combination of such forms;
"individual license" means a license for any persons specified to carry out a specified activity and may include terms and conditions thereto shall be subject to the exercise of the activity;
"class licence" means a licence for any or all persons to carry out an activity and can include conditions thereto shall be subject to the exercise of the activity;
"Court" means a court having competent jurisdiction;
"information and multimedia content" means the digital content;
"mail" including postal services;
"bypass" means the acquisition of the contents of any communication by means of hearing or otherwise through the use of any equipment, device or mechanical or electronic apparatus, the other;
"send" or "delivery" means cause any emission of electromagnetic energy is not guided in any part of the spectrum;
"Minister" means the Minister for the time being charged with the responsibility for communications and multimedia;
"number" means a number, letter or symbol;
Communications and Multimedia 5 "communications market" means a market economy for a network service, or a service application, or for goods or services used in conjunction with a network service or a service application, or for access to the facilities used in conjunction with either a network service or a service applications;
"authorized officer" means any public officer or an officer appointed by the Commission and authorised in writing by the Minister for the purposes of this Act;
"the network facilities provider" means a person who has or who provide any network facilities;
"lenders named facilities" means a person, other than the owner of the network facilities, which are declared by the Minister as named facilities providers;
"application service provider" means any person that provides application services;
"network service provider" means any person that provides network services;
"vessels" means — (a) any vessels, either itself an electrical line or not, maintained by a company for the purpose of close, surrounding or supporting that line, including, if the conduit is connected to any other box, Chamber or other structures (including buildings) that are maintained by a company supplying electricity for the purposes related to the dissemination, transmission or distribution of electricity, the box, the Chamber or structure;
(b) a main water pipe or any other vessels maintained by the water authority for the purpose of channeling water from a place to another;
(c) public sewer;
(d) sewer or watercourse; or 6 laws of Malaysia Act 588 (e) any other underground facility to bring, close, surrounding or supporting any network facilities;
"licensee" means a person who either holds a licence of the individual, or activity which is subject to a class license, granted under this Act;
"authorised interception" means the interception by the licensee of any network facilities, network services or applications services allowed under section 65;
"owner" means the owner of the legal or beneficial owner;
"determination" means the determination made by the Minister under section 10, or by the Commission under section 55;
"Director" has the meaning assigned to it in the companies Act 1965 [Act 125];
"allocation" means the allocation by the Commission the right to use the spectrum, number or electronic address and can include conditions on it, the exercise of such rights shall be subject;
"class allocation" means an allocation issued under section 169;
"the earmarking of apparatus" means an allocation issued under section 164;
"spectrum allocation" means an allocation issued under section 159;
"access device" means any card, plate, code, account number, electronic serial number, identification number easy motion, the personal identification number, or network services, application service or other content services, equipment, or facility identifier, or other means of access that can be used, alone or together with a device access again, for the purposes of any communication;
Communications and Multimedia 7 "data processor device" means any item or device from whom information is able to be issued again, with or without the help of any article or other device;
"Declaration" means a declaration made by the Minister under section 13;
"agreement" means an agreement, whether formal or informal, oral or written, express or implied;
"application services" means services provided by using, but not solely by using, one or more network services;
"application services required" means application services that can be found in the list specified by the Minister under section 19;
"service application content" means application service that provides content;
"application service restricted content" means content application service force won limited because of — (a) the service is targeted at a group with special interests;
(b) the service is possible in a limited geographical area;
(c) the service is possible for a short period of time;
(d) the service was founded in the city's main attractions limited content; or (e) of the reasons specified in the determination of the Minister made under section 10;
"network service" means a service to carry out communication with the use of electromagnetic radiation and/or not guided missiles;
8 laws of Malaysia Act 588 "arrangement" means an arrangement, whether official or unofficial, oral or written, express or implied;
"disaster plan" means a disaster plan can be held in accordance with section 67;
"numbering and electronic addressing plan" means the plan of numbering and electronic addressing held under section 180;
"spectrum plan" means the plan spectrum held under section 17;

"the network boundary" means the boundary network provided under section 18;
"access list" means the list of facilities or services established under Chapter 3 part Vi;
"spectrum" means continuous frequency electromagnetic waves range up to and including 40 terahertz frequencies;
"mandatory standards" means standards mandatory under Chapter 10 part V;
"instrument" includes instructions, determination or declaration; "Commission" means the Suruhanjaya komunikasi dan multimedia malaysia established under Act Suruhanjaya komunikasi dan multimedia malaysia 1998 [Act 589];
"specified date" means the date this Act comes into operation;
"column" means pole, spikes, towers, pillars, a referee, a crutch or other facilities on land for lead, suspend or support any network facilities;
"appeal tribunal" means the appeal tribunal established under part iii.
Communications and Multimedia 9 part ii power and procedure the Minister Chapter 1 Instructions of Minister instructions by Minister 7. (1) the Minister may, from time to time, issue directions to the Commission concerning the exercise of the powers of the Commission and implementation of the functions and duties of the Commission under this Act, whether of a general or otherwise.
() any direction of the Minister shall be in accordance with the aims and provisions of this Act relating to the article or the particular activity.
(3) the Commission shall exercise its powers conferred under this Act in a manner consistent with the directions of the Minister.
(4) every direction the Minister shall be registered by the Commission as soon as reasonably practicable.
(5) a direction shall come into operation on the date of registration or on a date then that can be noted by the Minister in the written instrument.
(6) a direction shall be the expiration date can be noted by the Minister in the written instrument or, if no date is stated, the instructions shall be in force until the command is canceled.
Changes to instructions 8. (1) the Minister may at any time modify, change or cancel an order.
() procedures as specified in section 7 shall apply mutatis mutandis in respect of any modification, variation or cancellation of an order.
30 laws of Malaysia Act 588 express instructions 9. The Commission shall maintain a register of all orders issued by the Minister in accordance with Chapter 6 section v. Chapter Determination Minister Determination by the Minister 10. (1) the Minister may, from time to time, determine any matter mentioned in this act as subject to a determination of the Minister, without consultation with any other licensee or any person.
() any determination shall be in accordance with the aims and provisions of this Act relating to the article or the particular activity.
(3) the Commission shall exercise its powers conferred under this Act in a manner consistent with that determination.
(4) the Minister shall provide a copy of the determination under this chapter to the Commission as soon as reasonably practicable.
(5) every determination shall be registered by the Commission as soon as reasonably practicable.
(6) a determination shall come into operation on the date of registration or on a date then that can be noted by the Minister in the written instrument.
(7) a determination shall be the expiration date can be noted by the Minister in the written instrument or, if no date is stated, the determination shall be in force until the determination of the cancelled.
Changes the determination 11. (1) the Minister may at any time modify, vary or revoke a determination.
Communications and Multimedia 31 () procedures as specified in section 10 shall apply mutatis mutandis in respect of any modification, alteration or cancellation of a determination.
Express determination of 12. The Commission shall maintain a register of all determinations made by the Minister in accordance with Chapter 6 section v. Chapter 3 Declaration of Ministers Declaration by Minister 13. (1) the Minister may, from time to time, make a declaration in writing that an individual license, or an individual license class, or a class license — (a) is subject to the terms and conditions; or (b) to enjoy the benefits, the Minister thinks fit.
() any declaration on the conditions of a licence shall be in relation to the matters specified in the schedule.
(3) the Minister may also make a declaration in writing to exempt a licensee from complying with any conditions of the licence.
(4) before making a declaration under subsection (), the Minister shall give the licensee involved a written notice of its intention to do so along with a copy of the draft declaration, and licensees that may make submissions to the Minister by forwarding it to the Commission within the period of time specified by the Minister but that period shall not be less than thirty days.
(5) after the expiry of the notice specified in subsection (4), the Minister shall, on the recommendation of the Commission, 3 laws of Malaysia Act 588 determines the next action, taking into account any submissions made by the licensees involved.
(6) the Minister shall give the licensee involved a written notice regarding the Declaration made under subsection () as soon as reasonably practicable.
(7) any declaration shall be in accordance with the aims and provisions of this Act relating to the article or the particular activity.
(8) the Commission shall exercise its powers conferred under this Act in a manner consistent with the Declaration.
(9) the Minister shall provide a copy of the declaration under this chapter to the Commission as soon as reasonably practicable.
(10) every declaration shall be registered as soon as practicable.
(11) a declaration in addition to the declaration under subsection () shall come into operation on the date of registration or on a date then that can be noted by the Minister in the letter that way.
(1) a declaration shall be the expiration date can be noted by the Minister in the notice or, if no date is stated, the Declaration shall be in force until the Declaration was cancelled.
Modifications, changes or cancellation Declaration 14. (1) the Minister may at any time modify, change or cancel a declaration in respect of a licence.
() procedures as specified in section 13 shall apply mutatis mutandis in respect of any modification, variation or revocation of a declaration.
Communications and Multimedia 33 express declaration of 15. The Commission shall maintain a register of all the Declaration made by the Minister in accordance with Chapter 6 section v. Chapter 4 regulations By Minister power of Minister to make regulations 16. (1) the Minister may, on the recommendation of the Commission or otherwise, make regulations, which shall be published in the Gazette, for all or any of the following purposes: (a) procedures for the Commission and tribunal of appeal in the exercise of powers and functions under this Act;
(b) the nature and requirements of the written consent, allocation and licence granted or issued under this Act;
(c) the procedure for the allocation of rights to spectrum or numbers under part Vii, including mechanisms for allocation based on rates;
(d) any fees, charges or rates to be imposed;
(e) procedures for the implementation of a system of universal service under part Viii, including but not limited to the quality standards of service;
(f) procedures for the use of network facilities, network services, application services and applications services content in situations of emergency or urgency;
(g) the compounding of offences;
(h) any redeemable preference shares and loss, including compensation or penalties in respect of infringement or offence against any subsidiary legislation;
(i) any matter for which this Act makes provision for real; and 34 laws of Malaysia Act 588 (j) any other matter necessary to give full effect to the provisions of this Act and for the administration of the fair.
() The regulations made under subsection (1), or any subsidiary legislation made under this Act, may prescribe any act in violation of the regulations, or other subsidiary legislation, as an offence and may prescribe a penalty to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or both for such offences and, in the case of a continuing offence can be set, in addition to the penalty, a fine of one thousand dollars for each day or part of a day such offence continues after convictions.
Part iii establishment of appeal tribunal Appeal tribunal 17. (1) the Minister may establish an appellate tribunal, which shall meet on an ad hoc, as may be deemed necessary or expedient by the Minister for the purposes of and in the interest of Justice, or to assist in the implementation of the functions of the Commission, or in the public interest.
() the Minister shall appoint, by order published in the Gazette — (a) a Chairman of the appeal tribunal; and

(b) at least two other members, or any number of more members, the appeal tribunal, to review a certain things under a licence, this Act or its subsidiary legislation.
(3) the Minister shall appoint a person who at the moment is a high court judge to be the Chairman of the appeal tribunal.
Communications and Multimedia 35 (4) the appointment of any member of the appeal tribunal is renewable upon expiry as a member.
(5) no member of the appeal tribunal may be appointed for a period exceeding three years.
(6) Notwithstanding subsection (5), a member of the appeal tribunal may be reappointed for a further period.
Matters may be reviewed by the appeal tribunal 18. (1) the appeal tribunal may review any matter that dirayukan against a decision or direction of the Commission but not against a determination by the Commission.
() any decision of the appeal tribunal shall be final and binding on the parties in the appeal and no further shall be appealable.
credentials of members 19. A person is eligible to be a member of the appeal tribunal if he has knowledge of or experience in — (a) communications and multimedia industry;
(b) engineering;
(c) law;
(d) economic or trade; or (e) public administration.
Resignation or termination of appointment 20. (1) the Minister may at any time terminate the appointment of the Chairman or any other Member of the appeal tribunal if — (a) he resigns;
(b) he becomes of unsound mind or otherwise unable to carry out its work and manage its affairs;
(c) he becomes bankrupt or insolvent;
36 laws of Malaysia Act 588 (d) he is prohibited from being a Director of the company under any written law in respect of the company;
(e) he has been convicted of an offence under any law, by a court in malaysia;
(f) he is guilty of severe misconduct in respect of its work;
(g) he did not perform his duties under section 6; or (h) its performance is not satisfactory for a significant period of time.
() The Chairman or any Member may, at any time, resign his Office by giving a written notice to the Minister.
vacancies and appointments acting 21. (1) the Chairman or any member of the appeal tribunal shall be vacated if — (a) he dies; (b) he resigns or otherwise clear his Office before expiration to whom he appointed; or (c) his appointment is terminated.
() the Minister shall appoint a person in accordance with section 17 to replace the Chairman or any other Member of the current vacancy the Chairman or any other Member.
(3) the Minister shall appoint a person in accordance with section 17 to act as Chairman, or any other Member of — (a) during any period when the Chairman or any other Member of the no to carry out any duties or does not exist in malaysia; or (b) if the Chairman or any other Member, for any reason, unable to perform the duties of the position.
Communications and Multimedia 37 (4) the exercise of the power, or performance of functions, the appeal tribunal is not just because there is a vacancy in the membership of the tribunal.
a quorum for a tribunal of appeal 22. a quorum of the appeal tribunal shall consist of — (a) a judge; and (b) at least two other members, or any number of more members of not more than four, which none of them is judge, for the purposes of the function of the appeal tribunal under this Act.
results 23. the decision of the tribunal appeal, on any subject, shall be decided by majority vote of its members.
Enforcement of the decision of the tribunal Appeal 23A. any decision rendered by the appeal tribunal may be enforced in the manner similar to the judgment or order of the High Court.
24 Appeal tribunal procedures. the Minister may make regulations in respect of the conduct of the appeal tribunal, including but not limited to — (a) funding appeal tribunal;
(b) remuneration of members;
(c) the appointment of members to form a quorum of the appeal tribunal;
(d) appointment of members of the acting;
(e) conduct of hearing;
38 the laws of Malaysia Act 588 (f) any other matters incidental to the hearing; and (g) the employment of the employee, if any.
power of tribunal Appeal 24A. the Appeal Tribunal shall have power — (a) to convene the parties to the proceedings or any others that appear before it to give evidence in respect of an appeal;
(b) to seek and receive evidence with the oath or pledge, whether written or verbal, and examine all persons as witnesses as deemed by the tribunal of appeal need to be obtained, received or inspected;
(c) when a person called so, to require the production of any book, paper, document, record or other thing in his possession or under his control and which are deemed necessary by the tribunal of appeal for the purposes of the appeal;
(d) to handle any oath, affirmation, or statutory declaration, in accordance with the requirements of the State;
(e) when a person called so, to allow the payment of any reasonable expenses incurred in connection with his presence;
(f) as subordinate courts with respect to the enforcement of attendance of witnesses, the hearing of evidence by oath or pledge and pass sentence for contempt;
(g) to receive evidence or reject the evidence presented, whether orally or in a document, and whether it is acceptable or not acceptable under the provisions of any written law for the time being in force in relation to the admissibility of evidence;
Communications and Multimedia 39 (h) to postpone the hearing of the appeal, including the power to make a delay to consider its decision; and (i) to generally direct and do all things necessary or expedient so that the results of the appeal can be made efficiently and quickly.
Suspension members 25. the Minister may, in its discretion, suspend the membership of any member of the appeal tribunal on the ground of bad temperament or disability.
Disclosure of interest 26. (1) a member of the appeal tribunal shall disclose, as soon as practicable, to the Chairman of any interest, whether material or not, which may conflict with the Member's duties as a member of the tribunal, in a particular matter.
() if the Chairman is of the opinion that the Member's interest in conflict with the duties of the Member, the Chairman shall notify the parties, including the appellant and the respondent, to the matter of the conflict.
(3) if there is no party to the conflict opposing the matter, the Member can continue to carry out its work as a member of the tribunal in respect of that matter.
(4) where a party to the conflict opposing the matter, the Member shall continue to carry out its work as a member of the tribunal in respect of that matter.
(5) the failure by a member to disclose his interest in the matter shall make it subject to disciplinary measures under section 0 or 5.
the Secretary to the Appeal tribunal and other officers 26A. (1) the Minister shall nominate a public officer as the Secretary of the appeal tribunal appeal tribunal to assist in carrying out its functions under this Act.
40 laws of Malaysia Act 588 () the Minister may name any number of other public officer as the Minister may think fit to assist the Secretary in carrying out its functions under subsection (1).
(3) for the purposes of this Act, the Secretary and officers named under subsection () shall be deemed to be an officer of the tribunal of appeal.
obligation of secrecy 26b. (1) except for this section or for the purposes of any civil or criminal proceedings under any written law, or, if allowed by the Minister — (a) the Chairman, the members of the appeal tribunal or any officer of the appeal tribunal may not, while he served as the Chairman, such member or officer, disclose any information diperolehnya while performing his duties; and (b) no other person who, by any means, have access to any information or document relating to the Affairs of the appeal tribunal may disclose the information or document.
() A person who contravenes subsection (1) commits an offence and shall on conviction, be fined no more than ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Public servants and public servants 26c. The Chairman and all members and officers of the tribunal on appeal, while on their duties as Chairman and members and such officer, shall be deemed to be public servants within the meaning of the Penal Code [Act 574], and became a public officer for the purposes of criminal procedure code [Act 593].
The application of the public authorities Protection Act 1948 26d. public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or communication and Multimedia 41 proceedings against tribunal appeal, the Chairman or any member or officer of a tribunal of appeal in respect of any act, neglect or default made or done by him upon such property.
Act or omission made in good faith

26e. no action or suit shall be instituted or maintained in any court against — (a) the appeal tribunal;
(b) the Chairman or any member of the appeal tribunal;
(c) the Secretary or any other officer of the appeal tribunal; or (d) any person authorized to act for or on behalf of the appeal tribunal, for any act or omission done in good faith in the performance of its functions and exercise of its powers under this Act and any subsidiary legislation made under this Act.
Part iV license Chapter 1 individual license Applications for individual licence 27. (1) subject to subsection (), a person may apply, in writing, to the Commission in order to obtain an individual licence in respect of any matter which requires an individual license under this Act.
() for the purposes of subsection (1), the Minister may specify in rules made under section 16 a person or class of persons who are not eligible to apply for an individual licence.
4 laws of Malaysia Act 588 (3) an application under this section may be revoked at any time before it is filled or rejected.
More information on 28. (1) the Commission may at any time after an application for obtaining an individual license is made, ask the applicant to provide the Commission, within the period specified in the request, further information on the application.
() if any information or additional documents required under subsection (1) is not given by the applicant within the time specified in the request or any extension allowed by the Commission, the application shall be deemed to have been withdrawn and are not able to continue, but without prejudice to the right of the applicant to make a new application.
the recommendation by the Commission 29. The Commission shall, within sixty days from receipt of an application for an individual licence under this part or any other period that may be specified by the Minister, provide a written recommendation to the Minister stating — (a) whether the individual license should be granted to the applicant;
(b) any special conditions or additions to which the individual license should be subject, if the Commission recommends the granting of individual licences; and (c) of the reasons for syornya.
The granting of individual licences 30. (1) the Minister shall take into account the recommendations of the Commission have been duly given under section 9 before deciding.
Communications and Multimedia 43 () the Minister may, acting on the recommendation of the Commission, by notice in writing — (a) give an individual license under the provisions of this section; and (b) declare that an individual licence granted under this section shall be subject to special conditions or additional.
(3) if the Minister gives an individual license under subsection (), the Commission shall inform the applicant by notice in writing — (a) that the individual license has been granted; and (b) any special conditions or additions, which was declared by the Minister under section 13.
(4) Notwithstanding subsection (), standard conditions of licence relating to specified in the Schedule shall be deemed to have been included in all licences to individuals.
(5) individual licence granted under subsection () are subject to any approval of other authorities, including the State authorities, for the placement, construction or maintenance of any network facilities on, over, under, or over any land.
(6) if the Minister refuses to give an individual license to an applicant, the Minister shall give the applicant a written notice which advise them — (a) that the application was rejected; and (b) of the reasons for such rejection.
(7) for the purposes of this section, the Minister shall notify the applicant in writing of the decision, as soon as reasonably practicable, after making the decision to approve or reject the application.
(8) if the Minister does not grant nor refused to give, an individual license within thirty days of the receipt of the recommendation of the Commission, the Minister shall be deemed to, 44 laws of Malaysia Act 588 at the end of the period, has refused to give the individual license unless the applicant receive a written notice which approve the application for an individual license after this period.
(9) a fi approval, which shall be decided by the Minister, shall be paid when the application is approved.
restrictions on the granting of individual licences 31. the Minister cannot provide individual license to a person if that person is managing under an existing class license in respect of the same services or activities.
Compliance with individual license requirements 32. Individual a licensee shall comply with — (a) the requirements of the relevant standard for the individual license as specified in the schedule; and (b) any special conditions or additional individual licence as may be declared by the Minister and is included in the individual license.
Modifications, changes or cancellations conditions 33 individual license. (1) the Minister may, at any time, by a declaration made in accordance with section 13 — (a) modify or change special conditions or additional something existing individual license;
(b) cancel the special requirements of an individual license or additional existing; or (c) to impose special conditions or further additions to something existing individual license.
() procedures as specified in section 13 shall apply mutatis mutandis for the modification, alteration or cancellation of a licence under this section.
Communications and Multimedia 45 34 individual License Renewal. (1) a licensee may apply for the renewal of a licence of the individual not later than sixty days before the date of expiry.
() The renewal Fee, which shall be decided by the Minister, shall be paid when the application is approved.
(3) an application for renewal of a licence of the individual shall be met by the Minister unless the Minister, on the recommendation of the Commission, determines that the holder of a licence — (a) has not complied with the terms and conditions of the individual license;
(b) has not complied with any provision of this Act; or (c) has not complied with any instrument issued, made or given by the Minister or the Commission.
(4) if the Minister does not intend to renew the license of the individual, the Commission shall — (a) advise the licensee by notice in writing, as soon as practicable, on the refusal of the Minister to renew the license of the individual; and (b) notify and publish, at least thirty days before the expiry of the individual license, such desire in at least one national daily newspaper the national language and a national daily newspaper in English for at least three days in a row.
(5) the licensee affected shall be given a reasonable opportunity to make submissions in writing to the Minister within a time period specified in the notice and that period shall not be less than fourteen days.
(6) the licensee affected may, within the time specified in the notice, submit a written submissions and the Minister shall take into account the submissions.
46 laws of Malaysia Act 588 Submissions 35 individual license. (1) a licensee may, by written notice, surrender their individual licence to the Minister: (a) at any time; or (b) in accordance with the requirements set out in the individual license.
() The Surrender shall have effect on the date the Commission receives the individual license and notice under subsection (1), or if a date after that specified in the notice, on that date.
(3) the submission of an individual license can't be revoked unless specified that the submission comes into operation on a date and before the date of the next Commission, by a notice in writing to the holder of the license, allowing the submission withdrawn.
Transfer individual license or change of ownership of 36. (1) the granting of an individual licence shall be personal to the licensee and individual license is not assignable or transferred to any other parties unless the written approval of the Minister has been given in advance.
() the Minister may request the Commission's advice before granting the approval under subsection (1).
the recommendation for suspension or cancellation of licence 37 individuals. the Minister may, on the recommendation of the Commission, through a declaration made in accordance with section 13, suspend or cancel an individual license granted under this Act in any of the following circumstances: (a) the licensee fails to pay any amount required by this Act or the individual license;
(b) the licensee has not complied with the provisions of this Act or the terms and conditions of the individual license;
Communications and Multimedia 47 (c) the licensee violates the provisions of any other written law relating to the communications and multimedia industry;
(d) the licensee has not complied with any instrument issued, made or given by the Minister or the Commission; or (e) the suspension or revocation is in the public interest.
Suspension or revocation of the license of the individual by the Minister

38. (1) the Minister may, by a declaration made in accordance with section 13, suspend or cancel an individual license granted under this section in any of the circumstances set out in section 37.
() procedures as specified in section 13 shall apply mutatis mutandis for the suspension or cancellation of a licence of the individual under this section.
the effective date of the suspension or cancellation of license individuals 39. Suspension or cancellation of a licence of the individual shall have effect upon the expiry of fourteen days from the date the notice of suspension or cancellation submitted to the licensee.
Broadcasting on the suspension or cancellation of licence individual 40. (1) if the suspension or cancellation of a licence of the individual has been in force, the Commission shall, as soon as practicable, cause the suspension or cancellation is published in at least one national daily newspaper the national language and a national daily newspaper in English for at least three consecutive days-also.
48 laws of Malaysia Act 588 () any delay or failure to post notice of suspension or cancellation shall not be in any way affect the validity of the suspension or cancellation.
effect of suspension, cancellation, delivery or expiration 41 individual license. (1) if the suspension or cancellation of a licence of the individual under section 37, or assignment of a licence of the individual under section 35, has been in force, or if the person's license has expired, the licensee shall immediately stop providing any facilities or services relating thereto individual license is given.
() Notwithstanding subsection (1), the Minister may, on the recommendation of the Commission, to authorise the licensee in writing to continue the provision of any facilities or services for a period that may be specified by the Minister in the authorisation for the purpose of winding up the Affairs of the licensee.
(3) Notwithstanding subsection (1), the licensee of their individual licence has expired shall be entitled to continue to provide a facilities or services as if their individual license has not expired when the evidence submitted to the Commission that the licensee has applied for renewal of the individual license pursuant to section 34 and the application is waiting for a determination by the Minister.
(4) subject to subsection () and (3), a person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
individual licenses 42. (1) the Minister shall give the Commission a copy of — (a) any individual licence granted under this section;
Communications and Multimedia 49 (b) any special conditions or addition specified in the individual license;
(c) any written notice of that change, cancel or impose any special or additional conditions set out in the individual license;
(d) any notice in writing by the licensee who presented their individual licenses;
(e) any notice in writing by the Minister that suspend or revoke the license of the individual; and (f) any written notice approving the transfer of ownership of an individual license or change of ownership of the beneficiaries the individual license.
() The Commission shall maintain a register, which shall be open to the public, about all individual licence granted under this section.
(3) the Commission shall maintain a separate register, which shall be open to the public, about all of the items listed in paragraph (1) (b) to (f).
(4) the Commission shall maintain registers in accordance with Chapter 6 part v. rights and obligations that came with 43 individual license. (1) the grant of a license certain individuals may be subject to registration of undertaking by a prospective licensee.
() In granting individual licences, the Minister may declare certain benefits only for licensees who have the undertaking registered under this section.
(3) the Minister may make regulations about the kinds of things that can be included in an undertaking by a prospective licensee and corresponding benefits eligible obtained by the licensee in respect of such matters.
50 laws of Malaysia Act 588 (4) the regulations made by the Minister under section 16 and this section may provide that any or all of the benefits of a particular effect when a licensee meets any one term or more in I their pledge under subsection (1), as may be deemed fit by the Minister.
(5) a license fee shall be paid by a licensee to the Commission under this section, subject to the terms provided in the regulations made, and as may be required in individual license given that, under this part.
Chapter 2 the class Licence the Minister may grant the license class 44. (1) the Minister may grant a licence class with respect to any matter which requires a licence under this Act.
() can be included in a class a licence granted under subsection (1) the standard terms and conditions as may be specified in the schedule and/or any other standard terms may be declared by the Minister from time to time.
(3) the Minister shall provide a copy of all license classes to the Commission as soon as practicable and the Commission shall mendaftarkannya.
Application for the registration of 45. (1) a person who intends to conduct under a class licence is required to register with the Commission by submitting a notice of registration to the Commission.
() A registration fee, which shall be determined by the Minister by notification in the Gazette, shall be paid by that person to the Commission after registration of that person.
Communications and Multimedia 51 Requirements for registration 46. Subject to the exceptions provided for in this Act, no person shall conduct under any licence class unless the person is registered accordingly by the Commission.
The recommendation by the Commission 47. The Commission can provide a recommendation in writing to the Minister that the person subject to a licence class under this part cancelled its registration in any of the following circumstances: (a) the person has not been paying any amount required by this Act or the licence;
(b) the person has not complied with the provisions of this Act or the terms and conditions of the license;
(c) the person has violated the provisions of any written law relating to the communications and multimedia industry;
(d) the person has not complied with any instrument issued, made or given by the Minister or the Commission; or (e) cancellation of the registration was in the public interest.
Cancellation of registration by the Minister of 48. (1) the Minister may, by a declaration made in accordance with section 13, cancel the registration of a person under this section in accordance with the recommendation of the Commission made under section 47.
(2) a Person whose registration has been revoked shall discontinue the activity to which the registration applies up to the Commission, with clear instructions given earlier by the Minister, have agreed to register the the person.
52 laws of Malaysia Act 588 Express license class 49. The Commission shall maintain a separate register, which shall be open to the public, regarding — (a) all class license;
(b) all Declaration by Ministers who change or cancel conditions, or impose other standards requirements as set out in the licence; and (c) all written notice by the Minister cancel any registration.
Express notice of registration 50. The Commission shall maintain a register of all notice of registration approved and registered under this Act, in accordance with Chapter 6 Part v. part V POWERS and PROCEDURE of SURUHANJAYA KOMUNIKASI DAN MULTIMEDIA MALAYSIA Chapter 1 Instructions Instructions by the Commission 51. (1) the Commission may, from time to time, issue directions in writing to any person with respect to compliance or non-compliance of any of the license terms, and includes but is not limited to remedy a breach of the conditions of the licence, and the provisions of this Act or its subsidiary legislation.
(2) prior to issuing a direction under subsection (1), the Commission shall issue a notice in writing to that person stating the type of compliance required.
Communications and Multimedia 53 (3) the person shall be given the opportunity to be heard or can submit a written submissions within a reasonable period of time specified in the notice of the reasons for behaviors or activities.
(4) after the expiry of the notice specified in subsection (3), the Commission shall take into account any reason given by that person before making a decision in respect of the conduct or activities of the person concerned.

(5) after considering accordingly any reason given by that person, the Commission may issue a direction under subsection (1) requiring that person to take certain actions that aim to ensure that the person does not contravene or directly contravenes any of the conditions of his/her license and/or any provision of this Act or its subsidiary legislation.
(6) the Commission shall give the person written notice of the instructions as soon as reasonably practicable.
(7) the person shall comply with the instructions issued by the Commission under subsection (6).
(8) an instruction issued by the Commission under this chapter shall be registered as soon as practicable.
(9) the Instructions shall become effective from the date of registration or a date then that can be noted by the Commission.
(10) the instructions shall be the expiration date can be noted by the Commission in a written instrument, or if no date is stated, the instructions shall be in force until revoked.
Modifications, changes or cancellation of this authorization by the Commission 52. (1) the Commission may modify, change or cancel an order.
54 laws of Malaysia Act 588 (2) the Procedure set out in section 51 shall apply mutatis mutandis in respect of any modification, variation or cancellation of an order.
Offence for not complying with the instructions of the Commission 53. A person who fails to comply with a directive the Commission commits an offence and shall on conviction be liable to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
Express instructions 54. The Commission shall maintain a register of all orders issued by the Commission, including any instrument in writing to modify, change or cancel an instruction, in accordance with Chapter 6 of this part.
Chapter 2 the determination of the determination by the Commission 55. (1) the Commission may, from time to time, determine any matter mentioned in this act as subject to the determination of the Commission.
(2) the Commission may conduct an investigation to decide whether a determination should be made or not, either — (a) as a response to a written request from someone; or (b) upon the force's own efforts.
(3) Notwithstanding subsection (1), the Commission cannot conduct an inquiry unless the Commission is satisfied that the matter is important either to the public or to current licensees or prospective licensees under this Act.
Communications and Multimedia 55 (4) an inquiry shall be conducted in accordance with Chapter 3 of this part, and in accordance with standards and in a manner consistent with the provisions of this Act and its subsidiary legislation and any instrument issued, made or given under this Act.
(5) within a period of forty-five days from the conclusion of the inquiry, the Commission shall determine the matter.
(6) any determination by the Commission shall be in line with this, and any other requirements provided for in this Act in relation to certain activities or things that.
(7) a determination made by the Commission under this chapter shall be registered as soon as practicable.
(8) a determination shall come into operation on the date of registration or on a date then that can be noted by the Commission.
(9) a determination shall be the expiration date can be noted by the Commission, or if no date is stated, the determination shall be in force until the determination of the cancelled.
Modification, alteration or cancellation of the determination by the Commission 56. (1) subject to the provisions of this Act, the Commission may modify, vary or revoke a determination, as a response to a written request or on his own efforts force.
(2) the Procedure set out in section 55 shall apply mutatis mutandis in respect of any modification, alteration or cancellation of such determination.
Express determination of 57. The Commission shall maintain a register of all determinations made by the Commission, including any instrument in writing which modify, vary or revoke a determination, pursuant to Chapter 6 of this part.
56 laws of Malaysia Act 588 Chapter 3 Investigation Investigation by the Commission 58. (1) the Commission shall, as a response to the directions of the Minister, convene an inquiry regarding any matter of a general associated with the administration of this Act or its subsidiary legislation that will meet the objectives of this Act.
(2) the Commission may convene an investigation under subsection (1) — (a) as a response to a written request from someone; or (b) on its own efforts, the force only if the Commission is satisfied that the matter is important either to the public or to current licensees or prospective licensees under this Act.
Combine two or more 59 investigation. The Commission may consolidate two or more investigations into a single investigation.
Conduct of investigations 60. (1) an inquiry under this section shall be carried out as and when it deems fit by the Commission.
(2) the Commission may, for the purposes of an inquiry, to carry out any or all of its information collection and investigation powers under Chapters 4 and 5 of this section.
Investigation shall be openly 61. (1) subject to section 62, if the Commission decided to convene an inquiry open or directed so that the holding of an inquiry open, Suruhanjaya Komunikasi dan Multimedia 57 shall publish, in such manner as it thinks appropriate, notice of — (a) the fact that the Commission conducts inquiry;
(b) the duration of the inquiry will be held;
(c) the type of matters relating to the investigation;
(d) a period of at least forty five days, and that with it, the public is invited to make submissions to the Commission on the matter;
(e) the matters the Commission want to be submission made about it; and (f) the address or addresses which place production that can be sent.
(2) the Commission is not required to post a notice at the same time or in the same way on all matters referred to in subsection (1).
(3) the Commission shall consider any submissions received within the limitation period as may be specified in the notice.
(4) the Submissions made by members of the public shall be in a form and of a kind specified in the notice.
The exception of the open investigation 62. Notwithstanding section 61, inquiry or part of the investigation can be carried out confidentially if the Commission is satisfied that — (a) the document or information which may be given, or a thing that may arise during the inquiry or part of the investigation, confidential in nature; or (b) an inquiry or a part of an investigation of a matter, or part of a thing, openly not beneficial to the proper administration of this Act.
58 laws of Malaysia Act 588 confidential Material should not be disclosed 63. (1) where an inquiry is conducted openly and the Commission is of the view that — (a) evidence or other materials submitted to the inquiry; or (b) material in the written submissions lodged with the Commission, of a confidential, the Commission may direct that — (aa) evidence or material that is not published; or (bb) their exposure is limited.
(2) a person cannot be without reasonable excuse fails to comply with a direction under subsection (1).
Instructions regarding the investigation of 64. (1) where an inquiry or part of an inquiry held in closed, the Commission — (a) shall give directions as to the persons who may attend an inquiry or part of the investigation; and (b) may give instructions limiting the disclosure of evidence or other material presented at the inquiry or part of the investigation.
(2) Notwithstanding section 53, a person who without reasonable excuse fails to comply with a direction given under subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Report on investigation 65. (1) the Commission shall publish a report, indicating the dapatannya as a result of any investigation conducted by it.
Communications and Multimedia 59 (2) the Commission shall publish the report within thirty days from the conclusion of the inquiry.
(3) the Commission may not include in the report any material — (a) a confidential;
(b) that its exposure might affect a fair trial a person;
(c) which may involve the unreasonable disclosure of personal information about any person (including a person who has died); or (d) that lays a direction under section 63 or 64.
Protection from civil action 66. Civil proceedings shall not be taken against the person in respect of any loss, damage or injury of any kind suffered by another person due to any of the following acts performed in good faith: (a) the making of a request under section 58; or (b) the making of a statement to, or provision of the document or information to the Commission in respect of an inquiry under this chapter.
Express report

67. The Commission shall maintain a register of all reports made pursuant to an investigation under this chapter, in accordance with the provisions in Chapter 6 of this part.
Chapter 4 Investigation for the purpose of administration, Investigation, etc.
The investigation by the Commission 68. Notwithstanding the provisions of any other written law, the Commission shall investigate any matter 60 laws of Malaysia Act 588 related to the administration of this Act or its subsidiary legislation if — (a) the Minister directs the Commission that carries out an investigation regarding any civil or criminal offence under this Act or its subsidiary legislation may have been or will be performed; or (b) the Commission has reason to believe that a civil or criminal offence under this Act or its subsidiary legislation has been, is being or will be made.
Complaints to the Commission 69. (1) the Commission may conduct an investigation of a matter referred to in section 68 based on written complaints by someone.
(2) the complaint shall state the person against whom the complaint is made ("respondent").
(3) if the Commission looks at that — (a) a person wishing to make a complaint; and (b) the person requires assistance to express the complaint or menuliskannya, then the duty of the Commission to take reasonable steps to provide appropriate assistance to that person.
(4) If a complaint has been made to the Commission under this section, the Commission may investigate against the respondent for the purpose of making a decision — (a) whether the Commission has the authority to investigate the matter relating to the complaint; or (b) whether the Commission should, at its discretion, to investigate the matter.
(5) where the Commission decided not to investigate, or not to investigate further, a matter relating to the complaint, the Commission shall as soon as Communication and Multimedia 61 be performed and in such manner as he thinks fit, inform the complainant and the respondent of the decision and the reasons for the decision.
Conduct of investigation of 70. (1) before beginning an investigation on a matter related to the complaint, the Commission shall inform the respondent that the matter will be investigated.
(2) an investigation under this section shall be carried out as it deems fit by the Commission.
(3) the Commission may, for the purposes of an investigation, obtain information from any person he deems fit.
(4) subject to subsection (5), a complainant or a respondent does not have to be given the opportunity to appear before the Commission in connection with an investigation.
(5) the Commission may not, as a result of the investigation, make a decision contrary to the interests of a person or complainant someone the respondent unless the Commission has given the complainant or the respondent the opportunity to make submissions about a matter related to the investigation in a time period of not less than thirty days.
(6) the Commission shall consider the submissions made by the complainant or the respondent under subsection (5) before making a decision.
Report on investigation of 71. (1) after completing an investigation, the Commission can provide and give the Minister a report.
(2) a report under subsection (1) shall include — (a) the conduct of the investigation in question;
(b) any finding made by the Commission as a result of the investigation;
62 laws of Malaysia Act 588 (c) evidence and other materials that have become the basis for the decision; and (d) any other matter relating to, or arising from, the investigation by the Commission thinks fit or as instructed by the Minister.
Publication of reports 72. The Minister may direct the Commission so as to publish a report on an investigation if the Minister is satisfied that the broadcasting was in the best interest of the country.
Chapter 5 the authority to gather information Granting information 73. (1) this section shall apply to any person if the Commission has reason to believe that such person — (a) have any information (including but not limited to account and record) or any document relating to the implementation of the powers and functions of the Commission under this Act or its subsidiary legislation; or (b) be able to provide any evidence that the Commission has reason to believe is related to the implementation of the powers and functions of the Commission under this Act or its subsidiary legislation.
(2) Notwithstanding the provisions of any other written law, the Commission may, by written notice, direct any person — (a) to provide the Commission, within the period and in the manner and in the form set out in the notice, any such information;
(b) to submit to the Commission, within the period and in the manner specified in the notice, any such documents, whether in physical form or in electronic media;
Communications and Multimedia 63 (c) to make a copy of any such document and submit the copy to the Commission, within the period and in the manner specified in the notice;
(d) if the person is an individual, so that present, in a closed hearing, in front of the Commission at the time and place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents, whether in physical form or in electronic media;
(e) if the person is a body corporate or public body, so as to cause an officer competent body is present, at a closed hearing, in front of the Commission at the time and place specified in the notice to provide any such evidence, whether orally or in writing, and forward any such documents, whether in physical form or in electronic media; or (f) if the person is a partnership, so as to cause an individual who became a partner in the partnership or an employee of the partnership are present, at a closed hearing, in front of the Commission at the time and place specified in the notice to provide any such evidence, whether orally or in writing, and forward any documents, whether in physical form or in electronic media.
(3) the Commission shall give the person who is directed under subsection (2) a reasonable period of time to provide and produce any information and/or documents specified in the notice.
(4) any person required to provide information under subsection (2) shall ensure that the information provided is true, accurate and complete and that person shall provide a statement to that effect, including a representation that he was not aware of any other information that will make the information provided is incorrect or misleading.
64 the laws of Malaysia Act 588 Errors due to non-compliant 74. Notwithstanding section 53, a person who fails to comply with an instruction of the Commission under this chapter commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Offence for providing information, evidence or false or misleading documents, etc.
75. Notwithstanding section 53, a person who does not disclose or does not provide any information or evidence or documents, or provide information or evidence or document that he knows or has reason to believe is false or misleading, as a response to an instruction issued by the Commission commits an offence and shall on conviction be liable to a fine not exceeding twenty thousand dollars.
Proof of compliance with 76. (1) a person shall, if at any time called in writing by the Commission to do so, submit to the Commission evidence and give all the information dipunya by the person with regard to its compliance with any provision of this Act or its subsidiary legislation, as required by the Commission in General, or in respect of any particular case.
(2) the provisions of subsection (1) shall not affect any other powers granted to the Commission under this Act.
The Commission can save document 77. (1) the Commission may take, and keep for the term necessary, possession of a document submitted under this chapter.
(2) the person otherwise because it is entitled to possession of the document entitled dibekali, as soon as reasonably practicable, communications and Multimedia 65 a copy certified by the Commission as a true copy.
(3) Notwithstanding the provisions of any other written law, certified copy shall be received in evidence by all courts and tribunals as if the copy is original.
(4) until a certified copy was provided, the Commission shall, at the time and place as the Commission considers appropriate, allow people who otherwise because it is entitled to possession of the document, or a person authorized by that person, to examine and make copies of, or take extracts from, the document.
Incorrect record

78. One cannot, in compliance with the requirements imposed by the recordkeeping rules made under section 268, make a record of any matter or thing done, way up to the thing or the thing not recorded properly.
Records of information 79. (1) the Commission shall maintain a record of all information, evidence or documents received in accordance with the instructions given under subsection 73 (2).
(2) the record shall be open to the public.
Publication information 80. (1) the Commission may publish the information received in the exercise of the powers and functions under this chapter if the Commission is satisfied that the publication is in accordance with the objectives of this Act.
(2) the Commission shall consider the commercial interests of the parties related to such information prior to posting the information.
66 laws of Malaysia Act 588 (3) the Commission may not publish any information or any part of any information disclosed to them in the event of the publication shall be — (a) reveal a matter of a confidential nature;
(b) may affect the fair trial of any person; or (c) involve the unreasonable disclosure of personal information about any person (including a person who is dead), but the Commission may publish a summary in respect of the information provided that the particulars in the abstract is not compiled in any way that would affect or harm the informant.
Chapter 6 Express Express all article 81. (1) the Commission shall maintain a register, in the form of both physical and electronic media, all the things that are required to be registered under this Act and its subsidiary legislation.
(2) any person may, on payment of the charges (if any) as may be determined by the Commission — (a) inspect the register; and (b) make copies of, or take extracts from, such register.
(3) where a person is calling for a copy of the electronic media, the Commission may provide information relating to that — (a) by using a device data processors; or (b) by electronic transmission.
Communications and Multimedia 67 Chapter 7 Notification And dispute resolution dispute resolution 82. (1) any dispute between two or more persons ("the parties") in respect of any matter under this Act or its subsidiary legislation shall first attempt to be resolved through negotiations between the parties.
(2) if one of the parties to the dispute have given an undertaking relating to the matter of the dispute and the undertaking was registered by the Commission in accordance with Chapter 11 of this part, the parties can adopt the terms of the undertaking for the purpose of settlement of the dispute.
(3) if the parties to the dispute are not able to or otherwise failed to reach an agreement, and no undertaking has registered, or if one of the parties to the dispute does not wish to adopt the terms of the undertaking, the parties may request the dispute settled by the Commission, if this Act or its subsidiary legislation expressly provide for such solutions.
Notification of dispute 83. A party to a dispute may, in writing, notify the Commission about the dispute.
The Commission shall act only when informed 84. Subject to section 83, the Commission can only solve a dispute under this chapter if the Commission is notified in writing of the dispute.
The Commission may publish guidelines on 85. The Commission may publish guidelines specifying principles and procedures that may be taken into account by it in 68 laws of Malaysia Act 588 disputes or a class dispute under this chapter.
The Commission shall decide disputes notified 86. (1) after receiving the notification of dispute referred to in section 83, the Commission shall, as soon as reasonably practicable meet to make a decision about the dispute.
(2) the Commission shall be bound under subsection (1) to meet to make decisions about dispute resolution if the Commission is satisfied that — (a) a consensus will not be reached, or will not be achieved within a reasonable time;
(b) notification of the dispute not lightweight junk, or inconvenience; and (c) the dispute resolution will encourage the achievement of the objectives of this Act.
(3) subject to this Act, goals and any guidelines issued by the Commission under this chapter, the Commission may resolve the dispute with the terms and conditions as it may absolutely deem fit.
The decision shall be in writing 87. (1) these terms and conditions any dispute resolution by the Commission under this chapter shall be accompanied by reasons and shall be in writing.
(2) the Commission shall give the parties to the dispute a copy of the decision as soon as reasonably practicable.
(3) the decision of the Commission shall be binding on the parties.
Communications and Multimedia 69 Express 88 results. (1) the Commission shall register all decisions made by them under this chapter, in accordance with Chapter 6 of this part.
(2) the register shall contain: (a) the names of the parties to the dispute;
(b) a general description of matters related to the decision; and (c) the date of the decision, but not the terms and conditions of the decision.
Enforcement of 89. (1) the Commission may direct a party to a dispute so as to comply with the decision of the Commission in the dispute.
(2) a decision made by the Commission under this chapter may be enforced by the High Court as if the decision is a judgment the Court provided that a certificate has been issued by the Commission to the complainant to give him permission to pursue action in court for the enforcement of the decision except in the case of an injunction.
(3) no certificate required if an action is taken by the Commission under this section.
Chapter 8 Registration Agreement application for registration agreement 90. The parties to a written agreement shall apply to the Commission for the registration of the agreement, if this Act requires the registration.
70 laws of Malaysia Act 588 When the Commission shall register the agreement 91. The Commission shall register the agreement in writing that if the Commission is satisfied that the agreement is in line with — (a) the goal of this Act; (b) any instrument under this Act;
and (c) any provision in this Act or its subsidiary legislation.
Effect of registration of 92. (1) an agreement, which are required to be registered under this Act, shall be only valid and enforceable once registered.
(2) the Commission may direct any party to a registered agreement to conform to the registered agreement.
(3) a direction made by the Commission in respect of a registered agreement enforceable by the High Court as if the instruction is a judgment the Court provided that a certificate has been issued by the Commission to the complainant to give him permission to pursue action in court for the enforcement of the directive except in the case of an injunction.
(4) no certificate required if an action is taken by the Commission under this section.
Contents of express agreement 93. (1) the Commission shall maintain a register of all agreement are required to be registered under this Act, in accordance with Chapter 6 of this part.
(2) the Register shall include — (a) the names of the parties to the agreement;
Communications and Multimedia 71 (b) a general description of matters related to the agreement; and (c) the date of the agreement, but not the terms and conditions of the agreement.
(3) Notwithstanding subsection (1) and (2), a copy of the agreement shall be deposited with the Commission.
Chapter 9 Voluntary Industry Code 94 industry Forum. (1) the Commission may designate a body industry becomes an industry forum for the purposes of this Act by notifying the body in writing, if the Commission is satisfied that — (a) membership of the body is open to all relevant parties;
(b) the body is able to perform as required under the applicable provisions in this Act; and (c) of the body that have the Constitution writing.
(2) the Body shall agree in writing to be an industry forum before the setting can be registered.
(3) the Commission may decide that an existing industry body set before it under subsection (1) becomes an industry forum is no longer an industry forum for the purposes of this Act, if the Commission is satisfied that the body no longer meets the requirements set out in subsection (1).
(4) a determination or withdrawal of designation under this section shall become effective from the date of registration, or on a date then stated.
72 the laws of Malaysia Act 588 Code by 95 industry forum. (1) an industry forum can provide a voluntary industry code with respect to any matter provided for in this Act — (a) upon the force's own efforts; or (b) upon request of the Commission.
(2) voluntary industry Code cannot take effect until it is registered by the Commission.

(3) the Commission may refuse to register a voluntary industry code that, under subsection (1), if the Commission is not satisfied that adequate opportunities for public consultation was conducted in the development of the voluntary industry code by the industry forum.
(4) the Commission shall register a voluntary industry code if the code in line with — (a) the goal of this Act;
(b) any instrument under this Act; and (c) any provisions of this Act relating to the article or the particular activity.
(5) the Commission shall either register or refuse to register a voluntary industry code.
(6) where the Commission refuses to register a voluntary industry code, then the Commission shall inform the relevant industry forums on its decision in writing and provide the reasons therefor.
(7) if the Commission did not register nor refused to register a voluntary industry code within thirty days from the date of voluntary industry code is submitted for registration, the Commission is deemed to have refused the registration of the voluntary industry code unless the industry forum receives written notice regarding the voluntary industry code registration after that period.
Communications and Multimedia Commission can define 73 industry voluntary code 96. (1) the Commission may determine a voluntary industry code, in accordance with section 55, if — (a) a voluntary industry code is not developed under the relevant section in this Act; and (b) the Commission is satisfied that a voluntary industry code may not be developed by relevant industry forums in a reasonable period of time.
(2) voluntary industry Code formulated by the Commission under subsection (1) shall be registered.
(3) voluntary industry Code shall only become effective once registered.
A voluntary industry code that apply 97. (1) the Commission shall ensure that there is only one voluntary industry code (s) that apply to a specific article for a person or class of persons specified at a time.
(2) where there is any uncertainty or ambiguity, a person may apply to the Commission so that given the opinion of the Commission, about the voluntary industry code which become applicable code in relation to the circumstances of the applicants.
(3) the Commission shall give its opinion within thirty days from the date of receipt of the application.
(4) the Commission shall take into account any guidelines the Minister and any relevant previous opinion.
(5) the opinion shall be binding on the Commission and the applicants for a period of three years from the date of the opinion given under subsection (3).
(6) the Commission shall maintain a register opinion provided under this section, in accordance with Chapter 6 of this part.
74 laws of Malaysia Act 588 (7) Notwithstanding subsection (5), the Commission may withdraw an opinion under this section if the Commission is satisfied that the types of activities carried out by the applicant have changed in any material.
Voluntary industry code compliance registered a valid defense 98. (1) subject to section 99, compliance with a voluntary industry code registered is not mandatory.
(2) compliance with a voluntary industry code registered shall be a defense to any prosecution, action or proceeding of any kind, whether in the courts or otherwise, that is taken against a person (which is subject to the voluntary industry code) in respect of a thing being said in the code.
Instructions so that voluntary industry code registered complied with 99. The Commission may instruct a person or a class of persons, in accordance with section 51, so that compliance with a voluntary industry code is listed.
Civil penalties for non-compliance 100. (1) Notwithstanding section 53, a person who fails to comply with an instruction of the Commission so that the person comply with any provision of a voluntary industry code can have to pay to the Commission a penalty not exceeding two hundred thousand dollars.
(2) Notwithstanding the provisions of any other written law, fines payable under this section may be obtained, without prejudice to any other remedies or sanctions, as a civil debt.
Cancellation code 101. The Commission may determine the cancellation of a voluntary industry code, in accordance with section 55, if the Commission is satisfied the communications and Multimedia industry 75 that the voluntary code is no longer in line with all the items listed in paragraph 95 (4) (a), (b) and (c).
Production of the new voluntary industry code by 102 industry forum. (1) an industry forum may submit a new voluntary industry code to replace a voluntary industry code available for the industry.
(2) the production of the new code shall be subject to the provisions of this chapter.
(3) If an industry forum to submit a new voluntary industry code to the Commission that deals with the same thing as an existing registered code, existing registered code shall be invalid to the extent of any conflict with the new code at the time of the new code is registered under section 95.
The current voluntary industry code register 103. The Commission shall maintain a register of all the current voluntary industry code, in accordance with Chapter 6 of this part.
Chapter 10 Standard Mandatory determination of mandatory standard 104. (1) the Commission may determine a standard mandatory for any matter that may be a matter of a voluntary industry code if the Commission is satisfied that the voluntary industry code that has failed, and will continue to fail, to promote industrial arrangements in line with — (a) the goal of this Act;
(b) any instrument under this Act; or 76 laws of Malaysia Act 588 (c) any provision in this Act or its subsidiary legislation.
(2) the Commission shall determine a standard mandatory if the Commission subject to a direction from the Minister that specifies a mandatory standard instead of a voluntary industry code.
(3) a direction of the Minister, to specify a mandatory standard, may include references to — (a) the matters to be dealt with in the mandatory standards; and (b) how the matter should be handled.
(4) determination of the Commission under this section shall be in accordance with section 55.
Mandatory standards must be in line 105. (1) a mandatory standards specified by the Commission under this chapter shall be in accordance with — (a) the goal of this Act;
(b) any instrument under this Act; or (c) any provision in this Act or its subsidiary legislation.
(2) a mandatory standard determined by the Commission under subsection (1) shall state the class licensees that are subject to the mandatory standard.
(3) a person subject to a mandatory standard shall comply with the mandatory standards.
Modification, alteration or cancellation of mandatory standards 106. (1) the Commission may determine the modification, alteration or cancellation of a mandatory standard in accordance with section 55, if the Commission is satisfied that the standard Communication and Multimedia the mandatory 77 is no longer in line with all the items listed in paragraph 105 (1) (a), (b) and (c).
(2) any modification or variation of a mandatory standards under subsection (1) shall be deemed to be a new standard for the purposes of this chapter and shall be subject to the provisions of this chapter.
(3) If a mandatory standard new deals the same standard as a mandatory standard in place, then the existing standard is deemed to be invalid to the extent of any conflict with the new mandatory standards.
Mandatory standards must be given priority 107. A voluntary industry code, or an undertaking referred to in section 11 of this section, it is not valid to the extent of any conflict with a mandatory standard.
Compliance with the mandatory standard a valid defense 108. Compliance with a mandatory standard shall be a defense to any prosecution, action or proceeding of any kind, whether in the courts or otherwise, that is taken against a person (which is subject to the mandatory standards) in respect of a thing being said in the mandatory standards.
Civil penalties for non-compliance 109. (1) Notwithstanding section 53, a person who fails to comply with an instruction of the Commission so that the person comply with any provisions of a mandatory standard can be pay to the Commission a penalty not exceeding two hundred thousand dollars.
(2) Notwithstanding the provisions of any other written law, fines payable under this section may be obtained, without prejudice to any other remedies or sanctions, as a civil debt.
78 laws of Malaysia Act 588 Chapter 11 Undertaking undertaking by a 110. (1) a person may give an undertaking to the Commission in respect of any matter that may be a matter of a voluntary industry code under this Act or for which the Act make provision for real.
(2) an undertaking given by a person under subsection (1) may — (a) state the terms and conditions of the undertaking; or (b) adopted the terms and conditions of the example of a voluntary industry code listed, and I promise it can include the effective date of the undertaking and/or the date of expiry.
Registration of undertaking

111. (1) An undertaking is given under this chapter shall be only valid and enforceable once registered.
(2) a person may submit a written request to the Commission to obtain the registration of an undertaking by the Commission.
(3) the Commission shall register an undertaking if the Commission is satisfied that the undertaking — (a) in accordance with the objectives of this Act;
(b) in accordance with any instrument made under this Act;
(c) in accordance with any relevant provision in this Act; and (d) will be due within three years from the date of application for the registration of the undertaking.
Communications and Multimedia 79 (4) Notwithstanding subsection (3), the Commission shall register an undertaking if the undertaking — (a) alone-alone adopted the terms and conditions of the example of a voluntary industry code registered; and (b) will be due within three years from the date of application for the registration of the undertaking.
(5) the Commission shall either register or refuse to register any other undertaking and shall notify the person giving the undertaking of its decision in writing within thirty days from the date of acceptance of the undertaking.
(6) the Commission shall give reasons because refuses to register an undertaking.
(7) if the Commission did not register nor refuse to register an undertaking within thirty days from the date of receipt of the application, the Commission is deemed to have refused to register the undertaking unless the person giving the undertaking was told about the registration after that period.
(8) an undertaking given under this chapter, shall only come into effect on the date of registration or on a date after that that can be specified in the undertaking.
Rules with respect to undertaking 112. (1) the Minister may make rules, which shall be published in the Gazette, in respect of the undertaking and the rules shall be binding on the parties making the undertaking and all the other people who rely on the undertaking includes just-by the undertaking signed by each person each and contain an agreement on the part of every person for himself and for his successor to comply with all the provisions of the rules.
(2) the Commission may direct a person referred to in subsection (1) to conform to the rules made under subsection (1) and any undertaking registered issued under this chapter.
80 laws of Malaysia Act 588 withdrawal undertaking 113. A person who gives an undertaking may withdraw the undertaking at any time by notifying the Commission in writing.
Replacement of undertaking 114. If a person submitting to the Commission an undertaking new deals the same thing as a registered undertaking existing given by that person, undertaking existing registered shall be invalid to the extent of any conflict with the new undertaking at the time of the new undertaking registered under section 111.
Express undertaking 115. The Commission shall maintain a register of all existing undertaking, in accordance with Chapter 6.
Enforcement undertaking 116. (1) subject to subsection (2), the Commission or a person may apply to the Court for the enforcement of a registered undertaking of the person who gave the undertaking that if an undertaking is not complied with.
(2) where a sum of money payable by any person, or if anything, other than the payment of money, are required to be done or omitted by any person due to any direction given by the Commission under section 112, and the instructions are not complied with by the person to whom the direction is given, then the command shall, for all purposes enforceable as if the instruction is a judgment of the High Court , in accordance with the rules of the applicable court or in such manner as the Court may deem fair or expedient provided that a certificate has been issued by the Commission to the complainant which gives permission to pursue action in court for the enforcement of a registered undertaking except in the case of an injunction.
Communications and Multimedia 81 (3) no certificate required if an action is taken by the Commission under this section.
Chapter 12 the regulatory Omission Omissions Regulation 117. (1) Notwithstanding anything contained in this Act, the Minister may on the recommendation of the Commission directs the Commission so left the application of any provision of this Act or its subsidiary legislation against a licensee or a class of licensees, or to a person or a class of persons, if the Minister determines that — (a) the enforcement of such provisions is not necessary to ensure achievement of the objectives of this Act;
(b) enforcement of such provision is not necessary for the protection of consumers;
(c) omission application such provision is consistent with the national interest; and (d) application of such omission will not prevent the administration of this Act.
(2) Directive by the Minister shall be made in accordance with section 7.
Determination by Minister 118. (1) the Minister shall consider the recommendation of the Commission in writing before making a determination, pursuant to section 10, to leave the application of the provisions in this Act or its subsidiary legislation.
(2) the Minister shall give a written notice as soon as practicable regarding its determination about whether to leave the application of such provision and reasons for its determination.
(3) if the Minister determines to leave the application of a provision of this Act or its subsidiary legislation, 82 laws of Malaysia Act 588 the Minister shall post notice the omission in the form of an order of exemption in the Gazette.
(4) an exemption specified under subsection (3) may be made or not made subject to such conditions.
Chapter 13 review of the results of the review by the Commission 119. (1) any person aggrieved by a stake or prejudiced by any decision of the Commission made pursuant to the implementation of the powers and functions under this Act or its subsidiary legislation may request in writing to the Commission in order to obtain a statement of the reasons for the decision.
(2) the Commission shall, when made such a written request, provide a copy of the statement of the reasons for the decision and any related information taken into account in making that decision within a period of not more than thirty days from the date of receipt of the request by the Commission.
(3) the Commission is not required to broadcast, or to disclose to a person with Affairs that statement be related, a statement of reasons or part of a statement of reasons if the publication or disclosure shall be — (a) reveal a matter of a confidential nature;
(b) may affect the fair trial of any person; or (c) involve the unreasonable disclosure of personal information about any person (including a person who is dead).
(4) in this section, "decision" includes any act, order, report or the powers delegated.
Communications and Multimedia 83 review by Tribunal Appeals 120. (1) subject to subsection (2), any person aggrieved by or prejudiced by a judgment of its interest or instruction (but not a determination) the Commission made pursuant to the implementation of the powers and functions under this Act or by the subsidiary legislation may appeal to the Appeals Tribunal for a review of the merits and decision process or specific direction of the Commission, unless the matter is not subject to an appeal to the Appeal Tribunal.
(2) subject to subsection 17 (1), the Minister may determine the decision or direction of the Commission is not subject to appeal to the Appeal Tribunal under subsection (1).
Judicial review 121. (1) a person affected by a decision or other action of the Minister or the Commission may apply to the Court for a judicial review of a decision or such other action.
(2) a person may not apply to the Court for a judicial review unless the person has spent all other remedies provided under this Act.
Chapter 14 Review Regulations review of subsidiary legislation by the SC 122. (1) the Commission shall review all rules and regulations made under this Act in force at the time of the review.
(2) a review of the rules and regulations shall be carried out by the Commission — (a) three years; or (b) if and when directed by the Minister under section 7.
84 laws of Malaysia Act 588 (3) the Commission shall provide a written recommendation to the Minister to modify or change, or eliminate, any rules or regulations made under this Act — (a) that are no longer needed in the interest of the country;
(b) that no longer needed to ensure the achievement of the objectives of this Act; or (c) for any other reason deemed by the Commission is no relation.
Chapter 15 monitoring and reporting its findings to the Minister on the performance of the industry

123. (1) The Commission shall monitor all important matters relating to the performance of the network facilities providers, network service providers, application service providers and application service providers and content of the report to the Minister at the end of each financial year.
(2) in carrying out its functions under subsection (1), the Commission shall take into account any performance indicators industry considers appropriate by the Commission.
Things to monitor and reported 124. Things that should be monitored and reported by the Commission including, but not limited to, the following: (a) travel and administration of this Act and its subsidiary legislation;
(b) the efficiency of the licensee in providing facilities and services;
(c) quality of service;
(d) the rates paid by the user for services;
(e) development of regulation, as the industry;
Communications and Multimedia 85 (f) level of compliance with voluntary industry codes, mandatory standards and undertaking;
(g) cukupnya and availability of services in all parts of Malaysia;
(h) any deficiency in scope or this Act and its subsidiary legislation; and (i) any other matter which the Commission is satisfied is related.
The report shall be published 125. The Commission shall publish the report, in the manner he deems appropriate, as soon as practicable after the date of the Commission presented the report to the Minister.
Part VI REGULATORY ECONOMICS Chapter 1 Licensing Licensing network facilities, network services and applications services 126. (1) subject to such exceptions as may be determined by the Minister by order published in the Gazette, no person shall — (a) have or provide any network facilities;
(b) provide any network service; or (c) provide any application service, except under and in accordance with the terms and conditions — (aa) a valid individual license granted under this Act; or (bb) class a licence granted under this Act, 86 laws of Malaysia Act 588 that expressly authorize for the ownership or the granting of the facility or the service.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both a fine and can also further one thousand dollars for each day or part of a day such offence continues after convictions.
Compliance with conditions of licence 127. (1) standard conditions relating to a licence under this part shall be in accordance with the schedule.
(2) any special conditions or additions of a license shall be declared by the Minister and is included in the license.
(3) a licensee under this section cannot provide any facilities or services except in accordance with the terms of a licence granted to the licensee under this part or conditions of a licence class which licensee is subject.
The definition of the boundaries of the 128 network. (1) the Minister may determine the boundaries of the network for the purposes of this Act.
(2) If no such determination, border network is — (a) the equipment socket first in a private dwelling;
(b) main distribution frame in a building; or (c) a point agreed upon by the customer and network facilities providers.
(3) the ownership of any network facilities and the provision of any service network or application services, communication and Multimedia 87 solely on the client-side network at the border, is exempted from the provisions of this part.
Exception for service provider applications are not subject to licence class 129. An application service provider that is not subject to a class license under section 126 shall be deemed to have been exempted from the provisions of this chapter, but not from the provisions of part VII in respect of regulatory techniques.
Named 130 facilities providers. (1) the Minister may, on the recommendation of the Commission, determine that a licensed network facilities providers, in addition to the owner of any network, is a facilities provider facilities named for the network for the purposes of this Act, if the Minister is satisfied that the nomination will not prevent — (a) the achievement of the objectives of this Act; and (b) the administration of this Act.
(2) when a facility provider named determined under subsection (1), the owner shall be deemed to have been exempted from the provisions of this chapter.
Providers under license class required to register 131. One cannot conduct under a class license relating to any network facilities or network services or applications services unless the person is registered by the Commission.
Separate license 132. License acquired under this chapter shall not exempt any person from the obligation to obtain a licence under any other section in this Act.
88 the laws of Malaysia Act 588 Chapter 2 General Prohibitions against the Practice Competition behavior of anti-competition 133. A licensee shall not make any course of conduct that has the purpose of reducing competition with large enough in a market communication.
The Commission may publish guidelines on 134. (1) the Commission may publish guidelines to clarify the meaning of "reduce competition with large enough".
(2) the guidelines may include references to — (a) related economic market;
(b) global trends in the relevant market;
(c) the effect of the behavior of the number of competitors in a given market and their market share;
(d) the impact of the behaviour against restrictions on entry into the market;
(e) the impact of the behaviour of the range of services in the market;
(f) the impact of the behaviour of costs and profit structure in the market; and (g) any other matter the Commission is satisfied is related.
Prohibition against the making of confidential Alliance agreement 135. A licensee shall not make any understanding, agreement or arrangement, whether legally enforceable or not, which makes the provision of — (a) the fixing of rates;
(b) market share;
Communications and Multimedia 89 (c) boycott suppliers apparatus; or (d) the ostracism of other competitors.
Prohibition against arrangements link or link 136. A licensee may not, at any time or in any circumstances, making a condition for the provision or supply of a product or service in a communications market that people who obtain release or the service in the communications market was also required to buy or not to buy any other products or services either from him or from anyone else.
Determination of the dominant licensees 137. The Commission may determine that a licensee is in a dominant position at the market of communication.
Guidelines on the meaning of "dominant position" 138. (1) the Commission may publish guidelines explaining how the Commission will use the test "dominant position" against a licensee.
(2) the guidelines specify the matters that may be taken into account by the Commission, including — (a) related economic market;
(b) a global technology and commercial trends affecting the market forces;
(c) the market share of the licensee;
(d) the power of licensees to make decisions on the determination of rates freely;
(e) the level of difference release or service and sales promotion in the market; and (f) any other matter the Commission is satisfied is related.
90 laws of Malaysia Act 588 the Commission may direct the licensee at the dominant position of 139. (1) the Commission may direct a licensee that are on a dominant position in a market of communication in order to stop the behavior in the communications market that has, or may have, the effect of reducing competition with large enough in any of the communications market, and in order to implement appropriate recovery steps.
(2) the Commission can only issue a direction under subsection (1) if the Commission is satisfied that the instructions are consistent with — (a) the goal of this Act; and (b) any instrument under this Act.
Justification the behavior of 140. (1) a licensee may apply to the Commission, before making any behavior that can be construed as having the purpose or the effect of reducing competition with large enough in a market communication, to obtain permission for such behavior.
(2) Notwithstanding the provisions of this chapter, the Commission shall authorise the behavior if the Commission is satisfied that the truth was in the best interest of the country.
(3) before allowing such behaviour, the Commission may require the licensee to submit an undertaking with respect to his character in any matters pertaining to such permission.
(4) If Licensee subsequently withdraw the undertaking, the authorisation shall be deemed to have never given for the purposes of this chapter.
(5) a licensee may withdraw an application made under subsection (1) at any time.
Communications and Multimedia 91 Express permission

141. The Commission shall maintain a register permission behavior while under this chapter in accordance with Chapter 6 part V. 142. Remedies for non-compliance (1) the Commission or a person may apply for an interim injunction or interlokutori to any conduct prohibited in this chapter.
(2) a person must obtain a certificate from the Commission for permission to pursue action in court to enforce the provisions of this chapter except in the case of an injunction.
Penalties for the offence of 143. A person who violates any of the prohibitions under this chapter commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both a fine and can also further one thousand dollars for each day or part of a day such offence continues after convictions.
The Minister may make rules 144. (1) subject to subsection (2), the Minister may make rules, which shall be published in the Gazette, in respect of agreements between licensees, under this Act, with foreign network facilities provider and/or the service provider network.
(2) the Minister may only make rules under subsection (1), which aim to prevent or reduce — (a) any behaviour by the foreign network facilities providers and/or service providers network 92 laws of Malaysia Act 588 will, or may, would result in a reduction in competition with large enough in a market communication; or (b) the abuse of market power in a communications market.
Chapter 3 access to Facilities and services can be included in the access list 145. (1) the list of facilities and services can be included in the access list, as determined by the Commission under this chapter, is — (a) network facilities;
(b) network service; and (c) the facilities and/or other services that facilitate the provision of network services or applications services, including application service content.
(2) the Facilities or services that are listed in paragraph (1) (c) need not be owned or provided by the licensee under this Act.
Determination of facilities and services by the Commission 146. Subject to subsection 147 (2), the Commission may determine that — (a) a network facilities;
(b) a network service; or (c) any facilities and/or other services that facilitate the provision of network services or applications services, including application service, content should be included or removed from the access list.
Communications and Multimedia 93 Recommendations by 147 access forum. (1) Forum access can recommend to the Commission that — (a) a network facilities;
(b) a network service; or (c) any facilities and/or other services that facilitate the provision of network services or applications services, including application service, content should be included or removed from the access list.
(2) the Commission shall ensure that network facilities or classes of network facilities or network services or classes of network service recommended for inclusion in the list of access, if the Commission is satisfied that the access forum has been consulting with people who have an interest in the recommendations, and not less than nine per ten of the access forum members support the recommendations.
(3) Notwithstanding Chapter 3 part V, the Commission is not required in order to carry out an inquiry before making a recommendation under section 55, if the determination be related to a recommendation made by the forum access under this section but nothing-nothing in this section shall prevent the Commission from carrying out investigations if it thinks necessary.
Express access list 148. The Commission shall maintain a register of — (a) network facilities;
(b) network service; and (c) the facilities and/or other services that facilitate the provision of network services or applications services, including application service content, which are included in the access list.
94 laws of Malaysia Act 588 s tandard access Obligations for facilities and services 149. (1) subject to such exceptions as may be determined by the Minister by order published in the Gazette, one network facilities provider and one service provider network shall provide access to network facilities or network services they listed in the list of access to any person who — (a) other network facilities providers;
(b) other network service providers;
(c) other application service providers; or (d) other content application service provider, which makes a written request for access to the network facilities providers or service providers that network on reasonable terms and conditions.
(2) Access granted by a lender ("the first providers") to one other provider under subsection (1), shall be — (a) at least have standards and quality techniques equal to or better than the standard and quality of the techniques given in network facilities or network services provider first; and (b) on the basis of equality and without discrimination.
(3) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Registration agreement access 150. (1) a written access agreement for the provision of network facilities or network services listed should be registered with the Commission pursuant to section 91.
Communications and Multimedia 95 (2) no written access agreements for the provision of network facilities or network services listed may be effected unless the agreement has been registered.
151. access dispute notification (1) a party to a dispute regarding compliance with standard access obligations under section 149 may inform the Commission about the dispute under Chapter 7 part V.
(2) a party who tries to exercise its rights under the standard access obligations, or a party which has informed the Commission about the dispute under subsection (1), may withdraw the notification in writing at any time.
Forum access 152. The Commission may determine a single industry body to become a forum access for the purposes of this section.
Access code 153. (1) the Commission shall make a written request to the access forum to prepare a code access.
(2) an access code must provide for the terms and conditions of compliance obligations for example access standard.
(3) the matters that can be determined by access code including, but not limited to — (a) a period of time and procedures for negotiating and binding agreement access;
(b) methods of rates;
(c) protection of intellectual property;
(d) protection of trade information;
96 laws of Malaysia Act 588 (e) the provision of facilities; and (f) information sharing techniques.
(4) access code can provide for different terms and conditions for network facilities and different network services listed in the access list.
Registration access code 154. The Commission shall not register a code access unless the Commission is satisfied that the access code in accordance with the standard access obligations.
Industrial access undertaking 155. (1) a licensee may provide an undertaking of access, in accordance with section 110.
(2) an undertaking access can express more than one set of terms and conditions for access to a network facilities or network services which are listed in the access list.
Registration of undertaking 156. The Commission cannot register an undertaking, in accordance with the general power in section 111, unless the Commission is satisfied that the undertaking in accordance with the standard access obligations.
Part VII REGULATORY TECHNIQUES Chapter 1 Spectrum Allocation spectrum without prohibition the earmarking of 157. (1) subject to such exceptions as may be determined by the Minister by order published in the communications and Multimedia 97 Gazette, no person shall knowingly use any part of the spectrum to provide network services unless — (a) that person holds a spectrum allocation issued under this part;
(b) the person holds an earmarking of apparatus issued under this part; or (c) the use of spectrum that is subject to an earmarking of the class issued by the Commission under this section.
(2) any person who contravenes any restriction under this section commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Power of Minister to make regulations 158. The Minister may make regulations in respect of any matter under this part.
Production allocation spectrum of 159. (1) the Commission may issue a spectrum allocation which entitles the person to use a specific frequency band or more for any purpose in accordance with the terms of the allocation.

(2) a spectrum allocation can be issued under this section only when the related frequency band for the earmarking of spectrum was determined by the Minister.
Spectrum allocation plan shall comply with the conditions is 160. Spectrum allocation cannot be issued unless the allocation in accordance with the spectrum.
98 laws of Malaysia Act 588 reproduction 161 spectrum allocation. Unless the Commission decided that in the interest of the country a spectrum allocation shall be issued to holders of existing, the earmarking procedure for reproduction of a spectrum allocation shall be in accordance with section 159 and 160.
Transfer of title third party 162. Spectrum allocation holder a person can move to or dealing with any or all rights assigned under section 159 with a third party only if the act according to the provisions of section 163.
Methods of transfer of title 163. (1) the Minister may make rules, which shall be published in the Gazette, for the transfer of the rights of holders of spectrum allocation provided by the spectrum allocation.
(2) the Commission may direct an existing allocation spectrum to conform to any rules made under this section.
Production allocation apparatus 164. (1) the Commission may issue an earmarking of apparatus which entitles the person to use the spectrum to handle a specific type of network facilities at certain frequency or in any band or streaks of certain frequency.
(2) an allocation apparatus issued under this section may, subject to such conditions as may be imposed by the Commission.
Earmarking of the apparatus shall comply with Spectrum plans 165. Earmarking of the apparatus cannot be issued unless the provisions in accordance with the spectrum held under this part.
Communications and Multimedia 99 situations when earmarking of the apparatus cannot be issued 166. The Commission cannot issue a earmarking of the apparatus for the use of a spectrum that has been determined for the earmarking of spectrum.
Justification third party 167. (1) the holder of an earmarking of the apparatus may allow a third party to operate a network that is one of the facilities the earmarking of the apparatus.
(2) the regulations made by the Minister under section 158 may make provision for third-party operating a network facilities, which is a matter for an earmarking of apparatus, by a person authorised by the holder of the earmarking of the apparatus.
The maximum duration of the earmarking of 168 apparatus. An allocation apparatus is not valid after a period of five years from the date of its release.
The earmarking of 169 class. (1) the Commission may issue an earmarking of the class that gives the right to any person to use any strips or streaks frequency for a certain purpose.
(2) an earmarking of the classes issued under this section may be made subject to such conditions as may be imposed by the Commission.
Earmarking shall comply with class 170 spectrum plan. The earmarking of class cannot be issued unless the allocation in accordance with the spectrum held under this part.
100 laws of Malaysia Act 588 Situas i apabi la earmarking to las t idaklah be issued 171. The Commission cannot withdraw the earmarking of classes allow use of spectrum that has been determined for the earmarking of spectrum.
172 spectrum plan. (1) the Commission may hold a spectrum plan in respect of any or all of the spectrum.
(2) the spectrum Plan shall be open to the public (including in electronic media) if paid fees shall be determined by the Commission.
Contents of 173 spectrum plan. (1) a spectrum plan shall specify how the spectrum will be used and set methods for allocation and the earmarking of the spectrum.
(2) in carrying out its functions under subsection (1) the Commission shall take into account — (a) the objective of the Act;
(b) the impact of the plan on the spectrum to existing user; and (c) any standards, conventions and international treaties applicable including, but not limited to, the International Telecommunication Union and regulations radionya as agreed and adopted by Malaysia.
174. The right of priority The Minister may determine that the earmarking of spectrum and/or earmarking of the apparatus disclosed can only be issued to a particular person or a particular class of persons who meet the conditions specified in the determination of which is published in the Gazette.
Communications and Multimedia 101 Dispute about 175 disorders. (1) the Commission may resolve the dispute about the disruption.
  (2) dispute resolution under subsection (1) shall comply with Chapter 7 part V. The Minister may determine the spectrum for the earmarking of spectrum of 176. (1) the Minister may, after considering the recommendation of the Commission, determined that certain spectrum be reallocated for spectrum allocation.
  (2) a determination made under subsection (1) may include limits on the amount of available spectrum, either generally or to a particular person or class of persons.
  (3) a determination made under subsection (1) shall be deemed to contain terms that the spectrum allocation shall not exceed twenty years.
The plan shall include procedures for spectrum allocation and spectrum allocation apparatus 177. Spectrum plan can contain procedures for the allocation and spectrum allocation allocation apparatus such as, but not limited to, the following: (a) procedures for the allocation and spectrum allocation allocation apparatus by auction;
(b) procedures for the allocation and spectrum allocation allocation apparatus through the tender;
(c) setting the earmarking for the earmarking of spectrum at a fixed price which is determined by the Minister;
(d) the earmarking procedure for allocation apparatus at a price fixed by the Commission;  and/or (e) a conversion plan for the conversion of the earmarking of specified apparatus to spectrum allocation.
102 the laws of Malaysia Act compulsory Acquisition in 588 spectrum allocation determined 178. (1) the Minister may direct the Commission that conducts the procedure for compulsory acquisition by the Commission the earmarking of a specified spectrum.
  (2) the Commission may recommend to the Minister that the earmarking of a specified spectrum taken in compulsory by the Commission following an earmarking of the spectrum in accordance with spectrum.
  (3) the Minister may, after considering the recommendations of the Commission under subsection (2), direct that the earmarking of a spectrum which is determined randomly necessary by the Commission.
  (4) the Commission may pay a reasonable amount of compensation to the holder of a the earmarking that penguntukannya had been taken before the date of expiry, by a direction made under this section.
  (5) no compensation is payable if an allocation is not renewed.
Chapter 2 Numbering And Electronic Addressing Control, planning and administration of numbering and electronic addressing 179. (1) shall be vested in the Commission control, planning, administration, management and the earmarking of numbering and electronic addressing for network services and application services.
  (2) the Commission may delegate any or all of its functions under this chapter.
Communications and Multimedia 103 Plan numbering and electronic addressing 180. (1) the Commission shall hold the numbering plan and provision of electronic address for numbering and electronic addressing network and application services.
  (2) the numbering and electronic addressing Plan can express rules including, but not limited to — (a) the use of numbers and electronic addresses for different types of services that are different;
(b) the earmarking of numbers and electronic addresses;
(c) transfer of title number and electronic address assigned;
(d) the use of numbers and electronic addresses assigned;
(e) electronic address and number portability assigned;
(f) the requirements so that network service providers and application service providers maintain a plan for allocation and the earmarking of the numbers and electronic addresses;  and (g) rates for the allocation and transfer of title number and electronic address, which may be imposed by the Commission.

  (3) the Commission shall make the electronic addressing and numbering plan that is open to the public on payment of the fee shall be decided by the Commission.
The management or maintenance of public number database or electronic address integrated 181. (1) the Commission may appoint persons specified to manage or maintain an integrated public number database or a database integrated electronic address.
104 the laws of Malaysia Act 588 (2) the persons specified under subsection (1) shall provide commercial access without discrimination to the database with the same terms and conditions these terms and conditions given by him to himself.
  (3) the Commission may give instructions to the persons specified under subsection (1) with respect to how that person will carry out his duties under subsection (2).
Chapter 3 Standard Techniques Prevent kesalingbolehkendalian an offence 182. A person using any equipment, techniques or systems that prevent network kesalingbolehkendalian commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Affect the public safety of an offence 183.  A person using any equipment, techniques or systems that affect public safety commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
Standard Forum 184 techniques.  The Commission may designate a body to become a forum for industry standard techniques ("forum standard techniques") for the purposes of this part.
Things for the code techniques 185. (1) a technical code prepared by the forum standard technique or the Commission under this section shall include, but not limited to, the following: (a) the requirements for kesalingbolehkendalian network, including, but not limited to, the provision of communications and Multimedia capabilities 105 network such as the ability to identify the line calls and the ability prapilihan;  and (b) support of the security of network facilities.
  (2) a technical code prepared by the forum standard technique or the Commission under this section may include, but are not limited to, the following: (a) the provision of network facilities, including requirements for lenders and qualified installer;
(b) the provision of network services, including requirements for qualified providers;
(c) the provision of application services, including requirements for qualified providers;
(d) the provision of equipment and pengkabelan customers, including requirements for qualified installer;
(e) the approval of the customer equipment and other access device;
(f) the adoption of the standard techniques made by international bodies;  and (g) the promotion of immunity and electromagnetic compatibility.
Agency certification of 186. (1) the Commission may register the agency certification or certification agency class, including agencies outside of Malaysia, for the purpose of certifying the compliance of the code or standard under this part.
  (2) an approval by a registered certification agency shall be deemed to be an approval by the Commission for the purposes of this chapter.
106 the laws of Malaysia Act 588 part Viii CONSUMER PROTECTION Chapter 1 quality of service exemption from provisions of offences 187. Someone network facilities providers, network service providers, application service providers or application service provider content you do not want to have an individual license, and are not subject to licence classes, under part VI and IX, deemed to have been exempted from the provisions of offences in section 188.
The provision of network services or applications services 188. (1) any network facilities providers, network service providers, application service providers or application service provider content shall be — (a) deal with the appropriate way with users;  and (b) entertain in a way that sufficient user complaints.
  (2) network facilities Providers, network service providers, application service providers or application service provider content that contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
189 user forum. The Commission may designate a body industry become forum users for the purposes of this chapter.
Communications and Multimedia 107 things for user code 190. (1) a user code provided by a forum user or the Commission shall enter the code example for — (a) meet the requirements of users for a reasonable;
(b) the handling of complaints and consumer disputes, including arbitration processes that are not expensive, in addition to the courts, and procedures for the granting of compensation to the customer in the event of a breach of the code of the user;  and/or (c) the protection of user information.
  (2) the matters that can be handled by user code can include, but are not limited to — (a) the provision of information to the customer about the services, rates and performance;
(b) the provision and repair of service;
(c) advertising or statements of service;
(d) the practice of imposition of costs, the provision of billing, collection and customer debts;  and (e) any other matters important to consumers.
Broadcasting code 191 users. Once a user code is available, the code that user notification thereof shall be published and shall be advertised in at least one national daily newspaper the national language and a national daily newspaper in English for at least three consecutive days-also.
Chapter 2 application service Required Service required 192 applications. (1) for the purposes of this part, the Minister may specify a list of required application services.
108 the laws of Malaysia Act 588 (2) the list referred to in subsection (1) may include, but are not limited to — (a) emergency services (including access to network facilities under control and network service for the purpose of providing emergency services);
  (b) provision of directory assistance (including controlled access to network facilities, network services and related database);
  (c) operator assistance services;  and (d) services for users is not disabled.
The directions of the Minister that given application service be required to 193.  (1) the Minister may determine — (a) application service provider class which shall provide any or all of the application services in the list of applications services required;  or (b) the network service provider class should allow the provision of any or all of the application services in the list of service applications required.
  (2) the Commission shall cause to be — (a) application service provider class as determined under paragraph (1) (a) to provide application services required;  and (b) the network service provider class as determined under paragraph (1) (b) to enable the provision of services for the application required.
Instructions can specify details of the handling of 194. Notwithstanding any provision to the contrary in this Act or any other instrument made, issued or granted under this Act, a direction by the Commission Communication and Multimedia 109 issued under section 193 may make provision for or specify details in respect of the operation of a service application is required.
Chapter 3

Dispute resolution the user dispute between users with licensee 195. The Commission may use any of its powers under this Act to resolve complaints received from consumers in relation to the matter in customer service and consumer protection including, but not limited to the failure by a licensee to comply with the user code is provided under this part.
Procedures for consumer complaint 196.  The Commission shall establish procedures or guidelines for the production, acceptance and handling user complaints in respect of the conduct or course of business licensees.
Chapter 4 Setting Rate Regulation by rate providers 197. (1) except as provided in this chapter, any network facilities providers, network service providers, application service providers or application service provider content can set the rates according to market rates.
  (2) all providers referred to in subsection (1) is required to publish the rates charged to customers for one service or more.
  (3) for the purposes of this chapter, "network facilities provider" includes a person named facilities providers.
110 laws of Malaysia Act 588 Principles on the determination of the rate of 198. The rates established by a provider referred to in subsection 197 (1) shall be founded on the following principles: (a) the rates must be just and, for people who are in similar circumstances, no reasonable basis is not fair;
  (b) the rate shall be determined according to the costs and, in General, cross-subsidies should be eliminated;
  (c) rate should not contain discounts which are unreasonable prejudice other providers competition opportunities;
  (d) the rate shall be structured and stage set for attracting investments to the communications and multimedia industry;  and (e) the rate shall take into account the regulations and recommendations of international organizations made up of Malaysia.
Fixing of rates by the Minister 199.  Notwithstanding section 197, the Minister may, on the recommendation of the Commission, to intervene independently or regularly in determining and establishing the rate for any facilities or competing service provided by a provider referred to in subsection 197 (1) upon reasonable cause, or as may be required in the public interest.
Minister's power to determine the person or area for special rate of 200.  In the case of the following, the Minister may, on the recommendation of the Commission, determine the method of regulation of special rates, which may include appointment, review and's letter, rates or regulatory omission rate — (a) if the rate is not determined in accordance with the principles in section 198;  or (b) in respect of facilities or services rendered by a provider referred to in communications and Multimedia 111 subsection 197 (1), for a particular group of people or in a certain area.
Rules on the rates of 201. (1) the Minister may make rules, which shall be published in the Gazette, to set the level of the rates will be charged for network facilities, network services, application service or content application service for individuals or classes of facilities or the services.
  (2) rules may be made by the Minister under subsection (1) may include, but are not limited to — (a) rules on the rates and rate changes for network facilities, network services, application service or particular content application service or class of service or facilities;
  (b) rules on the publication or disclosure of rates for network facilities, network services, application service or particular content application service or class of service or facilities;
  (c) a rate control mechanism used against certain licensees or any class of licensees, or network facilities, network services, application service or specific content applications services or classes of facilities or the services.
Chapter 5 universal service system of universal service 202.  (1) the Minister may direct the Commission so as to define a system to encourage the widespread availability and usage of network services and/or 112 laws of Malaysia Act 588 application services throughout Malaysia by encouraging the installation of network facilities and provision for network service and/or applications services in underserved areas or for underserved groups within the community.
  (2) the Minister may make regulations under section 16 in respect of the implementation of subsection (1).
The definition of "underserved area" and "the underserved group within the community", etc.
203. (1) a determination by the Commission under subsection 202 (1) shall include the definition for "underserved area" and "the underserved group within the community".
  (2) in determining the definition for "underserved area", the Commission may take into account — (a) the level of competition in a particular place or area;
  (b) availability of services in the area or a certain place;  and/or (c) commercial viability in installing network facilities or network services or applications services in the area or a certain place.
  (3) in determining the definition for "the underserved group within the community", the Commission may take into account — (a) the availability of services to such groups; and/or (b) any obstacles to the use of the services available.
Universal Service Provision Fund 204. (1) for the purposes of this Act, a fund known as the "Universal service provision" communications and Multimedia 113 ("the Fund") was established and the Fund shall be controlled and managed by the Commission.
  (2) the Minister may make regulations in respect of contributions by licensees, under this Act, or by any other person to the Fund and any other matter in connection with or incidental to the establishment and operation of the Fund.
Part IX Licensing Chapter 1 SOCIAL REGULATION Prohibition against application service provision content 205. (1) subject to such exceptions as may be determined by the Minister by order published in the Gazette, no person shall provide a service application content unless — (a) that person holds a valid individual licence granted under this section to provide application content;  or (b) the content application service subject to a class license that is valid under this section.
  (2) a licence obtained under this section shall not exempt any person from the obligation to obtain a licence under any of the relevant section in this Act.
  (3) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or to both a fine and can also further one thousand dollars for each day or part of a day the offence is continued after the convictions.
114 laws of Malaysia Act 588 compliance with conditions of licence

206. (1)  Standard requirements relevant for every license, given under this section, shall be in accordance with the schedule.
  (2) any special conditions or additions of a license shall be declared by the Minister and is included in the license.
  (3) a content application service provider shall not provide any service except in accordance with the conditions of the licence granted to the licensee under this chapter or conditions of a licence class to which such content application service provider subject.
Closed content application service 207. (1) the Minister may determine the definition for "application service closed content" for the purposes of this Act.
  (2) If no such determination, a content application service closed shall be — (a) a service application content limited to a single residence;  or (b) a service application content shall only be granted to an employee or officer of a body corporate single.
  (3) the granting of any closed content application service shall be exempted from the provisions of this part.
The exception of 208 side content. (1) an application service providers are exempted from the provisions of section 205 as far as content is concerned is content incidental to the services provided.
  (2) for the purposes of this section, the Minister may determine the guidelines to clarify the meaning of "content incidental communications and Multimedia 115 to services rendered" ("ancillary content") and all matters connected therewith.
  (3) the guidelines determined by the Minister shall be published by the Commission, in such manner as it thinks fit, and shall be registered in the register as soon as practicable.
Limited content applications services 209. (1) a person providing a service application restricted content is not required so that holds an individual license, but he may be subject to a licence class.
  (2) an application service provider that no restricted content class license applies shall be deemed to exempt from all the provisions of this section.
  (3) for the purposes of this section, the Minister may determine guidelines that clarify or add to the criteria used in defining the term "closed content application service" and all matters connected therewith.
  (4) the guidelines determined by the Minister shall be published by the Commission, in such manner as it thinks fit, and shall be registered in the register as soon as practicable.
Opinion on the 210 service category. (1) any person may apply to the Commission that determined whether a content application service is considered as an application service restricted content or whether the content is the content side.
  (2) the Commission shall give its opinion within thirty days from the date of receipt of the application.
  (3) the Commission shall take into account any guidelines the Minister concerned and any opinion given earlier under this chapter before giving his opinion.
116 the laws of Malaysia Act 588 (4) the opinion shall be binding on the Commission and all parties involved for a period of three years from the date of the opinion given under subsection (2).
  (5) Notwithstanding subsection (4), the Commission may withdraw an opinion if the Commission is satisfied that such kind of services has changed considerably.
  (6) the Commission shall maintain a register opinion according to Chapter 6 Section v. Chapter 2 Requirements Prohibited Content on the provision of contents jelik 211. (1) no application service provider content, or other people who use content applications services, can provide content that is indecent, obscene, false, threatening or jelik its properties with the intention to stir, torturing, threatened or interfere with any person.
  (2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both and can also further fined one thousand dollars for each day or part of a day the offence is continued after the convictions.
Forum content of 212. The Commission may designate a body to become a forum content industry for the purposes of this section.
Content code 213. (1) in a given code content provided by forum content or Commission should be setting an example to address content jelik or indecent.
Communications and Multimedia 117 (2) the matters that can be handled in the code including, but not limited to — (a) restrictions on the provision of inappropriate content;
  (b) a method to classify the content;
  (c) procedures for handling complaints and for members of the public to report information about complaints to the Commission;
  (d) an overview of Malaysian culture and national identity;
  (e) information and public education in respect of the regulation of content and technology to control content by end users;  and (f) other matters that are important to the community.
Part X GENERAL Chapter 1 installation of network facilities, access to network facilities, etc.
Land inspection of 214. A person can network facilities providers, for the purpose of determining whether the land is suitable or not for its meaning to be installed, or obtain access to network facilities — (a) enter, and examine, the land;  and (b) do any thing on the ground that as are necessary or appropriate for the purpose, including doing a measurement, the measurement level, menggerek, samples, dig a hole and examine the ground.
Installation of network facilities 215.  (1) a network facility providers may, for the purposes connected with provision of services 118 laws of Malaysia Act 588 network, running the installation of network facilities if — (a) the provider is authorized to do so by a permit installation of network facilities issued by the Commission under section 226;
  (b) facilities that network is a network of low-impact;
  (c) facilities of the network while the network is to be used by, or on behalf of, the Ministry of defence for defence purposes;  or (d) the installation i tu ja in lankan merely to connect a building or structure, or a line which forms part of a network facilities.
  (2) the installation of network facilities allowed by this section may require the approval of State authorities, local authorities, or the relevant authorities to another, if necessary.
  (3) if subsection (1) allows a person to run network facilities providers in a specific activity, the provider may, for the purposes related to the conduct of the activity — (a) enter, and occupied, any land;  and (b) above on the surface, or under the land, doing anything that is necessary or appropriate for the purpose, including — (i) construct, erect and put any pole or network facilities;
  (ii) cut and trim the trees and clean up and dispose of plants and other check;
  (iii) make cutting and dredging;

  (iv) reinstate the soil surface and, for that purpose, remove and dispose of land, plants and other materials;
Communications and Multimedia 119 (v) erect temporary sheds and workshops and other temporary buildings;  and (vi) leveling ground and make way.
  (4) for the purposes of subsection (1), the Minister may, on the recommendation of the Commission, determined that certain network facilities is low-impact network facilities.
Minimum damage to 216. In carrying out an activity under this chapter, a person network facilities providers shall take all reasonable steps to ensure that he causes as little harm and hardships, and doing as little damage, which can be implemented.
Network facilities providers shall reinstate the land 217. If one provider network facilities perform an activity under this chapter in respect of any land, the provider shall take all reasonable steps to reinstate the land is up to a condition similar to his condition before the activity starts.
Management activities 218. Someone giver network facilities shall, in relation to the exercise of an activity covered by this chapter, take all reasonable steps — (a) to act in accordance with good engineering practices;
  (b) to protect the security of persons and property;
  (c) to ensure that activities that disrupt as little workable — (i) the operation of a public utilities;
  (ii) public streets and lanes;
  (iii) the movement of traffic;  and 120 laws of Malaysia Act 588 (iv) land use;  and (d) to protect the environment.
Agreements with public utilities 219.  (1) a network facilities providers shall exercise all reasonable endeavours to make an agreement with a public facilities to make provision about the way that providers will do an activity that — (a) covered by this chapter;  and (b) likely to affect the operation of the facility.
  (2) a network facilities providers shall comply with the agreements in force under subsection (1).
The conditions which permit installation of network facilities subject to 220. If — (a) a network facility providers do, or plan to do, an activity covered by this chapter;
  (b) the activities will be permitted or authorised by a permit installation of network facilities;  and (c) permit the installation of network facilities subject to a condition or more, the network facilities providers shall comply with the requirements.
Notice to 221 land owner. (1) before committing to an activity under this chapter in respect of any land, one network facilities providers shall give notice in writing of his intention to do so — (a) to the owner of the land;  and communications and Multimedia 121 (b) if the land is occupied by a person other than the owner, to the population.
  (2) the notice must state the purpose for which the provider intends to perform such activity.
  (3) the notice under subsection (1) must contain a statement which means that if a person suffered a financial loss or damage in respect of the property caused by anything done by the provider in the activity, compensation may be paid.
  (4) notice under subsection (1) must be given at least fourteen days before the provider start doing such activity.
  (5) a person can waive its rights to be given a notice under subsection (1).
  (6) subsection (1) shall not apply if — (a) the network facilities providers have complied with any code mandatory standards and techniques related to the activity;  and (b) the activities to be taken without unnecessary delay to — (i) the integrity of the network facilities;
  (ii) the health or safety of persons;
  (iii) environment;
  (iv) property;  or (v) the maintenance of an adequate level of service.
  (7) subsection (1) shall not apply if — (a) the provider intends to carry out under section 214;
  (b) the activity does not involve any material interference to the land;  and (c) the land is a public place.
122 laws of Malaysia Act 588 notice to the owner of land for pencantasan trees, etc.
222. (1) at least fourteen days before — (a) cut or trim the trees on private land;  or (b) clean or remove check or plants on private land, under section 215, one network facilities providers shall give — (aa) the land owner;  and (bb) if the land is occupied by a person other than the owner, the residents, a written notice requesting the tree pruned or cut down, or the cleared check or plant, in such manner, and within the period, specified in the notice.
  (2) the Provider can only do such activity if the request is not met.
  (3) a person can waive his right to be given notice under subsection (1).
  (4) subsection (1) and (2) shall not apply if — (a) the network facilities providers have complied with any code techniques and/or mandatory standards related to the activity;  and (b) the activities to be taken without delay to protect — (i) the integrity of the network facilities;
  (ii) the health or safety of persons;
  (iii) environment;
  (iv) property;  or (v) the maintenance of an adequate level of service.
Communications and Multimedia 123 notice to road authorities, public utilities, etc.
223. (1) subject to any other written law related, at least fourteen days before — (a) close, divert or narrow down a road or bridge;
  (b) installing any network facilities on a surface, above or under a road or bridge;  or (c) change the position of a blood vessel, the gas mains or pipes, under section 215, one network facilities providers shall give notice in writing of his intention to do so to the person or authority which is responsible for the care and management of roads, bridges, vessels, mains gas or the pipe.
  (2) a person or an authority can waive that person or authority to give notice under subsection (1).
  (3) subsection (1) shall not apply if — (a) the network facilities providers have complied with any code mandatory standards and techniques related to the activity;  and (b) the activities to be taken without delay to protect — (i) the integrity of the network facilities;
  (ii) the health or safety of persons;
  (iii) environment;
  (iv) property;  or (v) the maintenance of an adequate level of service.
124 the laws of Malaysia Act 588 roads, etc., shall remain open for route 224. If one network facilities providers do an activity covered by section 215, the provider must ensure that the network facilities installed on a roads, bridges, alleys or waters can screen installed in a way that will allow a reasonable path by people, vehicles and vessels.
Permit the installation of network facilities

225. a network facility providers may apply to the Commission, in the manner provided in the regulations, in order to obtain a permit for installation of network facilities that allow the network facilities providers to carry out the installation of a network or more.
The criteria for the issuance of permits for installation of network facilities 226. The Commission shall issue a permit for the installation of network facilities that allow someone providers network facilities to carry out the installation of one or more facilities if the network facilities providers have to satisfy the Commission that — (a) both of the following conditions have been met: (i) the providers have made reasonable efforts in good faith to each owner that his approval would be required or, if section 215 is not taken into account , required, to carry out the installation;  and (ii) at least one of the approval has not been obtained within fourteen days after the commencement of the consultation concerned;
  (b) each State authority, local authority or other authority, that his approval would be required or, if section 215 is not taken into account, required, for the installation of network facilities, already provide such approval;
Communications and Multimedia 125 (c) network facilities that become, or may become, part of a network of other facilities which means to the country;
  (d) the network facilities, or may be, an integral part of other network facilities;
  (e) any of the following conditions have been met: (i) network facilities that form part of a network of other facilities, largely already installed;
  (ii) network facilities that form part of a network of other facilities, which largely is not yet installed, but each State authority, local authority or other authorities required or will be implemented, if section 215 is not taken into account, required, for the installation of most of the networks already provide, or reasonably may provide, such approval;  or (iii) network facilities that form part of a network of other facilities, that no one installed, but each State authority, local authority or other authority, that his approval would be required or, if section 215 is not taken into account, to be required, for the installation of the network infrastructure, has given, or reasonably may provide, such approval;  and (f) the benefits that may be obtained from the operation of the network facilities more than any form of environmental impairments that may arise from the installation of network facilities.
Permit the installation of network facilities have effect subject to this Act and other laws 227. A permit for installation of network facilities have effect subject to this Act and any other written law related.
126 the laws of Malaysia Act 588 access to poles, convenient or right route 228. (1) Notwithstanding the provisions of any other written law, a provider of network facilities or public facilities shall give someone access network facilities providers without discrimination to any pole, network facilities or right of way owned or controlled by him.
  (2) Notwithstanding subsection (1), a provider of network facilities or public facilities may refuse to give access to any network facilities providers to poles, network facilities or her rights without discrimination on the basis of when capacity is insufficient, or for security reasons, the needs of protection, reliability, or the difficulty of a technical or engineering.
The Commission shall regulate matters of access to poles, etc.
229. (1) the Commission may regulate the rates, terms and conditions for access to any poles, network facilities or the right of way and requires that rates, such terms and conditions are fair and reasonable and can adopt procedures that are necessary and appropriate to hear and settle disputes in accordance with part V of Chapter 7.
  (2) there is nothing in this section shall be construed as applicable to, or give the Commission jurisdiction in respect of access to any poles, convenient or right of way if such matters are regulated by the State authority, local authority or other authorities.
The Minister may make regulations 230.  The Minister may, on the recommendation of the Commission, make regulations with respect to how to carry out the provisions of this chapter.
Communications and Multimedia 127 Chapter 2 Offences and penalties Offences if using Additional apparatus or device without the approval of 231. A person who uses any apparatus or device with intent to obtain information concerning the contents, sender or person to whom addressed any communication without approval by the certification agency registered under Chapter 3 part VII commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
The use of fraudulent network facilities, network services, etc.
232. (1) a person who — (a) in dishonest send or allow to be sent any communication or obtain a service rendered by a provider network facilities, network service providers, application service providers or application service provider licensed content;  or (b) is not honestly accept applications services content from somewhere in Malaysia which is not intended for the reception of the public, with the intent to avoid the payment of any rate or fee imposed for the granting of the facility or service is guilty of an offence.
  (2) any person who owns, acquires or creating a system that is designed to use or obtain fraudulently any network facilities, network services, application service or content application service, commits an offence.
  (3) any person who commits an offence under subsection (1) or (2) shall on conviction be liable to a fine not exceeding three 128 laws of Malaysia Act 588 hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Improper use of network facilities or network services, etc.
233. (1) a person who — (a) using any network facilities or network services or applications services consciously — (i) makes, creates, or beg; and (ii) initiates the transmission of, any comment, request, suggestion or other communication which is obscene, indecent, false, threatening or jelik nature with the intent to annoy, menganiayai, threatened or interfere with any other person;  or (b) initiate a communication by using any application service, whether continuously, repeatedly or otherwise, and in that time the communication may or may not be happening, with or without revealing its identity and with intent to annoy, menganiayai, threatened or interfere with any person in any number or electronic address,

guilty of an offence.
  (2) a person who consciously — (a) by using a network service or application services provide any obscene communication for commercial purposes to any person;  or (b) allow a network service or application services under the control of the person to be used for an activity described in paragraph (a), commits an offence.
Communications and Multimedia 129 (3) a person who commits an offence under this section shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both and shall also further can be fined one thousand dollars for each day the offence is continued after the convictions.
Interception and disclosure of communications prohibited 234. (1) a person without a valid authorization under this Act or any other written law — (a) intercept, trying to intercept, or get any others that intercept, or attempt to intercept any communication;
  (b) the total number, or try to disclose, to any other person the contents of any communication, while he knows or has reason to believe that the information that has been obtained through interception of any communication in contravention of this section;  or (c) using, or attempting to use, the content of any communications, while he knows or has reason to believe that the information that has been obtained through interception of such communications in contravention of this section, commits an offence.
  (2) any person authorized under this Act, who willfully discloses, or attempts to disclose, to any other person the contents of any communication intercepted, in the manner permitted by this Act — (a) while he or she knows or has reason to believe that the information that has been obtained through the interception of communications relating to a criminal investigation;
  (b) after acquiring or receiving such information in connection with a criminal investigation;  or (c) for menggalang, prevent, or interfere with a criminal investigation authorized accordingly, commits an offence.
130 the laws of Malaysia Act 588 (3) a person who commits an offence under subsection (1) or (2) shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
  (4) are legally binding under this chapter for an officer, employee or agent of any network facilities providers, network service providers, application service providers or application service provider, content or services, including facilities that are used in communications, to intercept, disclose or use such communication in the normal course of his employment while doing any activities that constitute a matter essential to the side or its services or facilities grant towards the protection of the rights or property of the service or facility provider , but the providers may not use the service or facilities for observation or random surveillance unless for mechanical quality control inspection or service.
Damage to the network facilities, etc.
235. A person who, by any act or omission deliberate, dishonest or negligent, extend, modify, tamper with, alter, remove, destroy or impair any network facilities or any part thereof commits an offence and shall on conviction be liable to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
Fraud and related activity in connection with access devices, etc.
236. (1) a person who consciously or with intent to commit fraud — (a) producing, installing, using, importing, selling, supply or rent any device access lancung;
  (b) possessing any device access lancung or device access is not allowed;
Communications and Multimedia 131 (c) producing, installing, using, importing, selling, supply or rent, or have control over or store, or possesses any device maker equipment;  or (d) producing, installing, using, importing, selling, supply or rent, or have control over or store, or had — (i) any equipment, device or apparatus which has been modified or varied to obtain the use of t not allowed any network services, application service or application service content;  or (ii) hardware or software that is used to change or modify any equipment, device or apparatus to obtain unauthorized access to any network services, application service or content application service, commits an offence.
  (2) a person who without the permission of the manufacturer of a device access, persuade rayu someone for the purpose of — (a) offers a device access;  or (b) sell the information on, or an application to acquire a device access, commits an offence.
  (3) a person who commits an offence under subsection (1) or (2) shall on conviction be liable to a fine not exceeding five hundred thousand dollars or to imprisonment for a term not exceeding five years or both.
  (4) for the purposes of this section — "device maker equipment" means any equipment, mechanism, or tera designed or used primarily for making an access device or device access lancung;
132 laws of Malaysia Act 588 "lancung access device" means any device access lancung, design, amended, or falsified, or an identifiable component in a device or access lancung access device;
  "unauthorized access device" means any device access is lost, stolen, expired, cancelled, cut, or obtained with the intent to commit fraud.
Prohibition against 237 callback service. (1) No person shall operate, or provide, or use a callback service under this Act.
  (2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding three hundred thousand dollars or to imprisonment for a term not exceeding three years or to both.
  (3) for the purposes of this section, "callback service" means a service that uses any network facilities, network services or service applications, through pengisyaratan or call incomplete reconnaissance from a foreign location, or as a result of any other perisyaratan arrangements as determined by the Commission, allows a user in Malaysia call a foreign point without paying the rates imposed by a provider network facilities network, service providers and application service providers and/or Malaysia allowed for a call from Malaysia to such point.
Transmission of standard equipment or device does not

238. (1)  A person who, intentionally or without reasonable grounds, causing a radio emission from any equipment or device that is not standard commits an offence and shall on conviction be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both.
Communications and Multimedia 133 (2) for the purposes of this chapter, "non-standard device or equipment" means any equipment or device that does not meet the standard technique or procedure provided or specified under this Act.
Use, possession or unauthorized supply, equipment or device is not standard 239. (1) a person who — (a) use any equipment or device is not standard;
  (b) has in his possession any equipment or device is not a standard that he knows or has reason to believe is a non-standard device or equipment for the purpose of installing, works, operate or use equipment or the device;  or (c) offer to supply, provide or have in his possession with intent to supply any equipment or device is not standard so, 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 two years or to both.
  (2) for the purposes of paragraph (1) (b), a person shall operate any equipment or device is not standard in his possession for the purpose of installing, works, operate or use it if equipment or devices that are in his possession, other than for the purpose of supply it to others, and can be handled by doing any of the following: (a) the equipment or device that connects to an electrical power supply by using a plug electrical or other electrical connections;
  (b) turn on the equipment or the device;
  (c) connect a microphone to the equipment or the device by inserting a plug microphone into the fittings or the device;
134 the laws of Malaysia Act 588 (d) turn on any other thing associated with the handling of the device or equipment;
  (e) coordinate settings with manipulating switches, dial or control other external equipment or the device;  or (f) connect the equipment or device to an antenna.
  (3) in any proceedings under this Act, any document which is a certificate provided by an authorized officer who certifies that any equipment or a particular device or equipment is non-standard devices shall be received as prima facie evidence of the facts stated in such certificate until the contrary is proved akasnya.
Offence to distribute or advertise any equipment or device communications for interception of communications 240. A person who intentionally: (a) send by mail, or to send or bring in trade or international, any equipment or device electronic, mechanical or otherwise, while he knows or has reason to believe that the design of the equipment or device that makes it especially useful for the purpose of circumvention of any communication in sneak peek;  or (b) placing in any newspapers, magazines, leaflets, or other publication any advertisement of — (i) any equipment or device electronic, mechanical or otherwise, while he knows or has reason to believe that the design of the equipment or device that makes it especially useful for the purpose of circumvention of any communication in sneak peek;  or (ii) any equipment or device electronic, mechanical or otherwise, j if ads i tu promote the use of equipment or communications and Multimedia 135 the device for the purpose of circumvention of any communication in sneak peek, while he knows or has reason to believe that the advertisements will be sent by mail or transported in domestic or international trade, 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 two years or to both.
Offence for providing false statements and misleading 241. A person who — (a) subject to the provisions of subsection 256 (2), refuse to give an officer authorised any information relating to an offence under this Act or its subsidiary legislation;  or (b) consciously give false information, commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Offences and penalties General 242. Every omission or neglect to comply with, and per action done or tried to do contrary to this Act or its subsidiary legislation or any instrument in writing made under this Act, or who have breached the conditions subject to him any licence has been granted or the earmarking of issued, shall be guilty of an offence against this Act or its subsidiary legislation, and for every such offence , if the penalty thereof not provided for specifically, offenders can be fined, in addition to forfeiture of any thing seized, not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
136 the laws of Malaysia Act 588 compounding of offences 243. (1) the Chairman of the Commission may, with the consent in writing of the Prosecutor, mengkompaunkan any offence committed by any person under this Act or its subsidiary legislation and is determined by the Minister as an offence that can be is compounded by regulations made under this Act by making an offer in writing to the person suspected to have committed the offence to mengkompaunkan them when paid to the Chairman of an amount not exceeding fifty per cent of the amount of the maximum fine for the offence  within the time stated in the offer.
  (2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution had been initiated, and if the amount specified in the offer is not paid within the period of time stated in the offer or within such extended period as may be allowed by the Chairman, prosecution for that offence may be commenced at any time after that to the person to whom the offer is made.
  (3) where an offence has is compounded under subsection (1), no prosecution shall be instituted in respect of the offence against a person to whom an offer to compound is made and any thing seized in connection with the offence be released or dilucuthakkan by the Chairman, subject to such terms and conditions as he thinks fit.
  (4) All sums received by the Chairman under this section shall be paid into and form part of the Federal Consolidated Fund.
Offences by body corporate

244. (1)  If a body corporate commits an offence under this Act or its subsidiary legislation a person who at the time of the Commission of the offence was a Director, Chief Executive Officer, General Manager, the Secretary or communications and Multimedia 137 officers similar to that of the rest of the body corporate or the form such as Act on any such property or has in any way or up to any extent is responsible for the management of any of the Affairs of the Corporation or has helped in the management of such — (a) may be prosecuted in separately or in association in the same proceedings with the body corporate;  and (b) if the body corporate is found guilty of the offence, shall be deemed to be guilty of such offence unless, after taking into account the type of functions on the properties and all the circumstances, he proves — (i) that the offence was committed without the knowledge, consent or pembiarannya;  and (ii) that he took all reasonable precautions-awake and have carried out due diligence to avoid the Commission of the offence.
  (2) if any person shall be liable under this Act any punishment or penalty for any act, omission, neglect or failure, he shall be liable to the same punishment or penalty for every act, omission, neglect or failure of any employees or agents, or employees agents, if action, omission, neglect or failure of it was committed — (a) by an employee of that person in the course of his employment;
  (b) by the agent when acting on behalf of that person;  or (c) by the agent while he was employed by the agent or otherwise on behalf of the agent acting on behalf of that person.
138 the laws of Malaysia Act 588 Chapter 3 Power to enter, investigation And Prosecution of authorized officers 245. (1) the Minister may in writing authorize any public officer or officer of the Commission to exercise enforcement powers under this Act.
  (2) any such officer shall be deemed to be public servants within the meaning of the Penal Code. 
  (3) in exercising any powers of enforcement under this Act, an officer authorized shall upon request submit to the person against whom he is acting authority issued to him by the Minister.
  (4) for the purposes of subsection (1), the Commission may issue directions to a licensee or other person so this Act or its subsidiary legislation are complied with.
Authority to investigate 246. (1) the Commission may investigate the activities of a licensee or other person with respect to its compliance with this Act or its subsidiary legislation.
  (2) in any case in relation to the Commission of an offence under this Act or its subsidiary legislation, any authorized officers carrying out an investigation may exercise all or any of the special powers relating to police investigation in the case can capture provided by the criminal procedure code.
Search with warrant 247.  (1) where in the opinion of someone Magistrate, based on information given in writing and after such inquiry as he thinks necessary, that there is reasonable cause to believe that an offence under this Act, the communications and Multimedia 139 or its subsidiary legislation is being or has been committed in any premises, or that any evidence or anything necessary to conduct an investigation of an offence may be found on any premises , a magistrate may issue a warrant empowering any police officer not below the rank of Inspector, or any authorized officers named in the warrant, to enter the premises at any reasonable time during the day or evening, with or without assistance and if necessary, forceful, and search the premises and seize any evidence or such things.
  (2) without prejudice to the generality of subsection (1), the warrant issued by the Magistrate can authorize a search and seizure — (a) a copy of any book, account or other document, including computerized data, which contains or reasonably suspected to contain information about any suspected offence has been committed;
  (b) any signs, cards, letters, pamphlets, sheet or notice which States or implies that the person has a licence granted or allocation issued under this Act;  or (c) any document, facilities, apparatus, equipment, device or any other reliably believed to be able to give evidence of the Commission of the offence.
  (3) a police officer or authorized officers carrying out a search under subsection (1) may, for the purpose of investigating the offence, examine any person residing in or in the premises.
  (4) a police officer or authorized officer examining a person under subsection (3) may seize, or take possession of, and keep in safe custody of all things, in addition to clothing to be worn, which is found on that person, and any other objects, for which there is reason to believe that the objects or other tool is evidence for the crime, and objects that may be detained until the person is discharged or released.
140 laws of Malaysia Act 588 (5) when necessary to examine a woman, the examination should be performed by a woman with full courtesy.
  (6) If, by reason of the nature, size or its recoverable amount, it is not practicable to transfer any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, facility, apparatus, equipment, device, article or thing seized under this section, the officer shall seize, in any way, prevent books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, facility, apparatus, equipment , devices, objects or premises or the place it is found the former.
  (7) any person who, without lawful authority, break, tease or damage the lak referred to in subsection (6) or produce any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, facility, apparatus, equipment, device, substance or matter dilak or attempting to do so commits an offence.
  (8) If a search under this section indicates that there are any equipment causing interference, radio apparatus or radio-sensitive equipment, then authorized officers may direct that steps should be taken to ensure an atmosphere free from harassment.
Search and seizure without a warrant

248. If a police officer not below the rank of Inspector in any of the circumstances referred to in section 247 has reasonable cause to believe that by reason of the delay in obtaining a search warrant under section termudarat or the investigation will be the doing of evidence of an offence may be interrupted, removed, defaced or destroyed, the officer may enter the premises and conduct in , in and in respect of premises that all the powers referred to in section 247 to fully and adequately as if he is authorized to do so by a warrant issued under that section.
Communications and Multimedia 141 access to computerised data 249.  (1) a police officer conducting a search under section 247 or 248 or someone authorized officers carrying out of a search under section 247 shall be given access to computerised data either stored in a computer or otherwise.
  (2) for the purposes of this section, "access" includes — (a) be given access, code words, encryption, encrypting code software or hardware required and any other means required to enable an understanding of computerized data;  and (b) the meaning conferred upon him by subsection 2 (2) and (5) computer crime Act 1997 [Act 563].
List of things seized 250. (1) except as provided in subsection (2), where any books, accounts, documents, computerized data, signs, cards, letters, pamphlets, sheet, notice, facility, apparatus, equipment, device, article or thing seized under section 247 or 248, officers who seize should establish a list of the things seized and immediately submit a copy of the list signed by him to the residents of the premises have been searched , or to agents or employees, in the premises.
  (2) if the premises are not occupied, the officer shall seize when possible post up significantly the premises a list of things seized.
The release of a thing seized 251.  (1) where any thing seized under this Act, a police officer is determined, other than the police officer who made the seizure, may at any time thereafter before the thing dilucuthakkan under this Act let go of the thing to the person adjudged by him as entitled legally to the thing if he is satisfied that the thing cannot be dilucuthakkan under this Act and is not needed otherwise 142 laws of Malaysia Act 588 for the purposes of any proceedings under This Act, or for the purpose of any prosecution under any other law, and if that happens good officer who carries out the seizure or the Government or any person acting on behalf of the Government shall not be liable to any proceedings by any person if the seizure and release of the thing was made in good faith.
  (2) a written record shall be made by the officer making the release of any thing under subsection (1) which sets out in detail the circumstances of, and reasons for, the relief, and he shall send a copy of the record to the public prosecutor and to the Chief of police within seven days from the release.
Power to intercept communications 252. (1) Notwithstanding the provisions of any other written law, Prosecutor, if he is of the opinion that any communication may contain any information that is relevant for the purposes of any investigation of an offence under this Act or by the subsidiary legislation may, on the application of an authorized officer or a police officer holds the rank of Superintendent or higher, authorize the officer to intercept or to hear any communication sent or received through any means of communication.
  (2) when any person prosecuted for an offence under this Act or its subsidiary legislation, any information obtained by an authorized officer or a police officer under subsection (1), whether before or after the person is prosecuted, be admissible as evidence during his trial.
  (3) Authorization by the Prosecutor under subsection (1) may be given orally or in writing;  But if an oral authorisation is given, the public prosecutor shall, as soon as reasonably practicable, alter authorisation it into writing.
  (4) a certificate by the Prosecutor stating that actions taken by an authorized officer or a police officer under subsection (1) has been given the communications and Multimedia 143 empowered by the public prosecutor under that subsection shall be conclusive evidence that such action has been given such power, and the certificate is admissible in evidence without proof of the signature of the Prosecutor.
  (5) No person shall have any duty, obligation or liability of, or can in any way compelled, to disclose in any proceeding procedure, rules, arrangements or manner, or any matter relating thereto, of anything done under subsection (1).
Impedance search 253.  Someone who attacks, prevent, menggalang or interfere with an officer duly authorised, or refuse to provide the path to any premises to an authorized officer in the execution of its duties under this Act or its subsidiary legislation commits an offence and shall on conviction be liable to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
The extra power 254.  An authorized officer shall, for the purposes of the implementation of this Act or its subsidiary legislation, have the power to do all or any of the following: (a) require the production of records, computerized data, accounts and documents kept by a licensee or any other person and to examine, review and to download this from it, make copies thereof or take extracts therefrom;
  (b) require the production of any document identification of any person in relation to any case or of an offence under this Act or its subsidiary legislation;  and (c) make such investigations as are necessary to determine whether the provisions of this Act or its subsidiary legislation has been complied with.
144 the laws of Malaysia Act 588 power to require the attendance of the person who knew about the case of 255. (1) An authorized officer who is carrying out an investigation under this Act may, by order in writing, require the attendance before it of someone who in the opinion of the authorized officers knew about the circumstances of the case, and such person shall attend as so required.
  (2) if that person is not present as required, the authorized officers can report the absence to a Magistrate who shall issue a warrant to secure the attendance of such person.
Examination of people who know about the case of 256. (1) an authorized officer who is carrying out an investigation under this Act may examine orally any person is expected to know about the facts and circumstances of the case.

  (2) such person shall be legally bound to answer all questions relating to such case put to him by an officer authorized, but that person may refuse to answer any question that the answer may disclose it to criminal charge or penalty or forfeiture.
  (3) a person who makes a statement under this section shall be legally bound to state the real, whether the statement was made in whole or in part as an answer to the question.
  (4) authorized officers that obtain information from someone shall first inform that person of the provisions of subsection (2) and (3).
  (5) a statement made by a person under this section shall, when possible, reduced to writing and signed by the person who made it or communications and Multimedia 145 marked with cap head jarinya, as the case may be, after the statement was read out to him in a language he made the statement after he was given the opportunity to make any corrections he wanted.
Admissibility of statements as evidence of 257. (1) if any person charged with an offence under this Act, any statement, whether the statement is a confession or not or whether the statement is made orally or in writing, made at any time, whether before or after the person charged with and whether or not in the course of an investigation under this Act or not and whether or not as a whole or in part as an answer to the question , by the person to be heard by the person or by authorized officers and whether or not translated to him by an officer or other person, is admissible as evidence in his trial and, if the person charged with the submitting himself as a witness, any such statement can be used during cross-examination and for the purpose of challenging credibility.
  (2) no statement under subsection (1) may be admitted or used — (a) if the making of the statement in the opinion of the Court has been caused by any inducement, threat or promise relating to the charge against that person coming from a person in authority and sufficient in the opinion of the Court to give the person charged with that excuse engaging reasonable to assume that by making the statement he will get any advantage or avoid any harm that worldly nature in respect of the proceedings against him;  or (b) in the case of a statement made by that person after arrest, unless the Court is satisfied that he has been warned with the following words or words that have the same meaning: "Be my job to give warning to you that you are not obliged to 146 laws of Malaysia Act 588 stating anything or to answer any question, but anything you specified , whether as an answer to a question or not, may be given in evidence ".
  (3) a statement made by a person before there is a chance to give warning to him shall not be making that statement to be inadmissible in evidence solely because that person will not be warned if he be warned as soon as possible after that.
Authorized officers shall complete the investigation and handed it to police, 258. Upon completion of its inquiry into an offence under this Act or its subsidiary legislation, authorized officers shall promptly provide all information relating to the Commission of the offence to a police officer and a police officer may arrest, with a warrant, a person who may have committed an offence under this Act or its subsidiary legislation.
Prosecution 259. No prosecution shall be instituted for an offence under this Act without the consent in writing of the Prosecutor.
Forfeiture 260. (1) any facility, apparatus, equipment, device, article or thing seized under this Act shall be dilucuthakkan.
  (2) an order for forfeiture or release of any facility, apparatus, equipment, devices, objects or things to dilucuthakkan under this section shall be made by the Court before which prosecution therefor was held and an order for forfeiture facility, apparatus, equipment, device, substance or matter shall be made if it is proved to the Court is satisfied that an offence under this Act or its subsidiary legislation , or the communications and Multimedia 147 any breach of the terms and conditions subject to him of a licence has been granted or an earmarking of have been released, was done and that facilities, equipment, apparatus, device, substance or matter that was used in the Commission of the offence despite the fact no-one has been convicted of an offence or a breach of it.
  (3) If no prosecution in respect of any facility, apparatus, equipment, devices, objects or things seized in the course of any of the powers conferred under this Act, then the facility, apparatus, equipment, device, substance or matter shall be considered or deemed to have been dilucuthakkan upon the completion of a period of one calendar month from the date of confiscation unless a claim is made prior to that date in the manner provided in this section.
  (4) a person who insists that he is the owner of any facility, apparatus, equipment, device, article or thing seized under this Act and that the facility, apparatus, equipment, devices, objects or the matter could not be dilucuthakkan may personally or by his agent authorized in writing by him, by written notice to the Commission or any officer duly authorized on the claim.
  (5) upon receipt of a notice under subsection (4), the Commission or any of its authorized officers shall, after any necessary investigation, direct that the facility, apparatus, equipment, devices, objects or the matter discharged or dilucuthakkan or refer the case to a sessions Court judge for decision.
  (6) a sessions Court judge to whom the case is referred to shall issue a summons requiring the person who pointed out that he is the owner of the facility, apparatus, equipment, device, or thing of the matter and the person from whom the facilities, apparatus, equipment, device, or thing seized of the matter to appear before him and when he is present or not present, upon presentation of proper summons is proved, the sessions Court judge shall continue to examine the case and upon proof that an offence under this Act has been committed and that  facilities, apparatus, equipment, devices, objects or the matter is matter or was used in the Commission of that offence, shall order 148 laws of Malaysia Act 588

that facility, apparatus, equipment, device, or thing or can it dilucuthakkan, if there is such evidence, ordered the release of facilities, apparatus, equipment, device, substance or matter to the person entitled to it.
  (7) any facility, apparatus, equipment, device, substance or thing that dilucuthakkan or dilucuthakkan shall be deemed to have been submitted to the Commission or a person authorized officers who shall dispose of it in such manner as the Commission considers appropriate.
Jurisdiction to try offences 261. Notwithstanding any other written law to the contrary, the sessions Court shall have jurisdiction to try any offence under this Act.
262 rewards. The Commission may order the paid remuneration as it thinks fit to any police officer or other public officer or other person for services rendered in connection with the detection of any offence under this Act or its subsidiary legislation, or in connection with any proceeding of forfeiture, or any seizure made under this Act.
Chapter 4 Article national interest Obligations am licensees 263. (1) a licensee shall best becomes severely disabled again prevent network facilities owned or provided by it or network services, application service or content application service provided by him than are used in, or in connection with, the Commission of any offence under any law of Malaysia.
Communications and Multimedia 149 (2) a licensee shall, when requested in writing by the Commission or any other authority, helping the Commission or other authorities to the extent reasonably necessary in preventing the Commission or attempted Commission of an offence under any written law or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of public revenue and the preservation of national defence.
Those who cannot be convicted for acts done in good faith 264. Any network facilities providers, network service providers, application service providers or application service provider content or any of its employees, are not liable to any criminal proceedings of any nature for any damages (including punitive damages), losses, costs or expenses incurred or to be incurred (whether directly or indirectly) for any act or omission done in good faith in the implementation of the obligations imposed under section 263.
The ability of 265 network interception. (1) the Minister may determine that a licensee or a class a licensee shall perform the ability to enable interception of communication allowed.
  (2) a determination, under subsection (1) may specify the requirements for techniques allowed interception capabilities.
Special powers during the Malayan emergency, 266. (1) when there is any public emergency or in the interest of public safety, the Yang di-Pertuan Agong or the Minister authorized by it for such purposes may — (a) suspend the license of any licensee, take control while any network facilities, network services, application services and/or 150 laws of Malaysia Act 588 applications services content owned or provided by a licensee in such manner as it thinks fit;
(b) withdraw either in whole or in part to the use of any network facilities, network services, application service and/or applications services content from any licensee, person or people;
(c) order that any communication or class communications to or from any licensee, person or members of the public in relation to any particular matter shall not be delivered or should be intercepted or detained, or that any such communication or his record should be disclosed to an authorized officers mentioned in the order;  or (d) order the pengambilmilikan of any customer equipment.
  (2) if any doubt arises as to the existence of a public emergency or whether any action done under subsection (1) is in the interest of public safety, a certificate signed by the Yang di-Pertuan Agong and displayed in such places as the Minister may think fit shall be conclusive evidence of the matter.
  (3) if the Minister takes possession of any network facilities, network services, application services, application service content or customer equipment under subsection (1), a person who is licensed under this Act in respect of facilities, services, or equipment shall be paid adequate compensation to be determined by the Minister after giving the licensee an opportunity to be heard on the matter.
  (4) no nothing in this section shall prevent the use of any network facilities, network services, application services, application service or equipment of the customer content for the purpose of making an emergency call.
Communications and Multimedia 151 Disaster Plan 267. The Commission may direct a licensee or a licensee in order to hold classes, with consultation with the authorities specified by the Commission, a plan for disaster recovery, and kebolehterushidupan any network facilities, network services, application service or content application service in the event of a disaster, crisis or emergency services.
Chapter 5 Miscellaneous the Minister may make rules about keeping records of 268. The Minister may make rules, which shall be published in the Gazette, to provide for record keeping and to require one or more licensee or any person to keep and maintain records.
Cooperation with other authorities, 269. (1) the Minister may give directions to the Commission regarding the arrangements of cooperation between Commission with any other authorities in Malaysia or in a foreign country, or of any international organization.
(2) the Minister may make rules, which shall be published in the Gazette, and/or specify arrangements for collaboration with, or membership in international organizations, in respect of the arrangements of cooperation between the holder of a licence under this Act with international organizations.
(3) the Commission may direct a licensee to conform to the rules made and/or arrangement which is determined under subsection (2).
152 laws of Malaysia Act 588 instrument provided under this Act 270. An instrument issued, made or given under this Act may make provision in respect of a thing by wearing, adopt or incorporate (with or without modifications) a provision of any other written law in force at the time.
This Act prevail over other Act 271. If there is any inconsistency or conflict between this Act with any other written law, the relevant provisions of this Act shall prevail over the extent of the inconsistency or conflict.
Protection of officers and 272 others. No action or prosecution can be brought, instituted or maintained in any court against — (a) the Commission or a person authorized officers or any other person in respect of any action directed or performed for the purpose of implementing this Act; and (b) any other person in respect of any act done or purporting to be done under such orders, instructions or indications of the Commission or an officer authorised if they are done in good faith and with a reasonable belief that it is necessary for the purposes for which it is intended to be achieved by it.
Section Xi TRANSITIONAL PROVISIONS Chapter 1 Repeal Repeal and saving

273. (1) The Telecommunications Act 1950 [Act 20] and the Broadcasting Act 1988 [Act 338] repealed ("the repealed acts").
Communications and Multimedia 153 (2) any subsidiary legislation made under the repealed acts shall remain in force, to the extent consistent with this Act, until cancelled or replaced by subsidiary legislation made under this Act, and shall be deemed for all purposes to have been made under this Act.
(3) the Minister may, when in his judgment necessary or expedient to do so either for the purpose of removing difficulties or consequences of lulusnya this Act, by order to be published in the Gazette, make any modifications to any subsidiary legislation as it may absolutely deem fit.
Dissolution Of The Telecommunications Fund 274. (1) the telecommunications Fund dissolved.
(2) all moneys in the telecommunications Fund must be transferred on the date this Act comes into force, to and vested in the Fund established under Act Suruhanjaya Komunikasi dan Multimedia Malaysia 1998 [Act 589].
Exclusion of 275. Any registration, acts, orders, directives, approval or decision that was done, made or given prior to the date this Act comes into force shall be deemed to have been done, made or given under this Act and shall remain in force and effect in respect of those against whom they apply until amended or revoked under this Act or the rules, regulations or other new subsidiary legislation made thereunder or up to the date of expiry.
Chapter 2 transitional provisions For old License Licence shall become effective 276. Subject to section 278, licences issued under the repealed acts ("old license") shall remain in force under this Act.
154 the laws of Malaysia Act 588 new class license shall replace the old license 277. Notwithstanding section 276, an old license can not be effective to the extent of any conflict with a class a licence granted under this Act.
The old license must be registered at 278. Notwithstanding section 276, a valid licence granted under the repealed acts shall only have effect for a period of twelve months after the appointed date, unless the license has been registered ("registered licence") by the Commission within twelve months from the date specified.
Registered license does not grant new benefits of 279. This Act does not provide any benefits or new rights to a registered licensee under section 278 unless interest or right that has been granted under the old license.
The old licensee shall state the wishes of 280. A holder of a licence granted under the repealed Act shall state to the Minister in writing within twelve months from the date specified whether he desires to obtain a licence under this Act or not.
Registered licensees can apply for individual licences under this Act 281. (1) a holder of a registered licence, granted under the repealed acts, may apply for an individual licence under this Act to replace the old license.
(2) the Minister may declare, in accordance with section 13, that an individual license, granted under subsection (1), shall be subject to such conditions or standard communications and Multimedia 155 as the Minister for each license type and any special conditions or additions that the Minister is satisfied that it is in the interest of the country.
Determination of facilities and services listed on 282. (1) the Commission shall make a determination, pursuant to section 55, with respect to the listing of all facilities and services available to licensee under the licence granted under the telecommunication Act 1950, for the purpose of ensuring the continuation of point to point between end users.
(2) Notwithstanding Part V, the Commission is not required to conduct an inquiry before making a determination under this section.
156 the laws of Malaysia Act 588 Table [Paragraph 32 (a), subsection 44 (2), 127 (1) and 206 (1)] conditions of LICENCE 1. Network facilities provider individual license conditions standard licence the licensee shall be a company incorporated in Malaysia.
The shareholders of the company shall comply with the limit of foreign investment related Malaysian.
The licensee shall notify the Minister of any change of the holdings of shares are required to be notified to the relevant authorities.
The licensee shall notify the Minister of any collaboration with other licensees made by the licensee.
This licence replaces any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of network facilities permitted under the license.
Licensee shall comply with the provisions of the communications and Multimedia Act 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering plan and electronic experience issued under this Act.
Licensee shall comply with spectrum plans issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Communications and Multimedia 157 standard conditions and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
Special conditions of licence the definition of terms used in the license.
The duration of the license.
Initial licence fees.
Table of fees annual license: annual turnover% RM.............% RM.............% RM.............% the area licensed.
The location of the control centre.
Percentage of total services that operate in areas determined by the Commission as "underserved area" or provided to those determined by the Commission as "the underserved group within the community" under section 202 of this Act.
Installation of broadband infrastructure.
A specific undertaking in respect of the level of investment, certain activities and operations.
Certain rights and privileges as may be agreed between the licensee and the Government that are subject to the undertaking made by the holder of the license.
The requirements that the licensee to transfer assets to the Government at the end of the license period.
Special conditions and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
158 the laws of Malaysia Act 588 2. The license provider class Networking Facilities standard licence conditions Licence class replace any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of network facilities permitted under this license.
Licensee shall comply with the provisions of the Act Komunikusi and Multimedia 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering and electronic addressing plan issued under this Act.
Licensee shall comply with spectrum plans issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
3. Network services provider individual license conditions standard licence the licensee shall be a company incorporated in Malaysia.
The shareholders of the company shall comply with the limit of foreign investment related Malaysian.
The licensee shall notify the Minister of any change of the holdings of shares are required to be notified to the relevant authorities.
Communications and Multimedia 159 licensee shall notify the Minister of any collaboration with other licensees made by the licensee.
This licence replaces any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of network services permitted under the licence.
Licensee shall comply with the provisions of the communications and Multimedia Act 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering plan and electronic experience issued under this Act.
Licensee shall comply with spectrum plans issued under this Act.

Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
Special conditions of licence the definition of terms used in the license.
The duration of the license.
Initial licence fees.
Table of fees annual license: annual turnover% RM.............% RM.............% RM.............% 160 laws of Malaysia Act 588 area licensed.
The location of the control centre.
Percentage of total services that operate in areas determined by the Commission as "underserved area" or provided to those determined by the Commission as "underserved groups in creating" under section 202 of this Act.
Broadband network service provision.
A specific undertaking in respect of the level of investment, certain activities and operations.
Certain rights and privileges as may be agreed between the licensee and the Government that are subject to the undertaking made by the holder of the license.
Special conditions and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
4. Network Service provider class license terms license standard License class replace any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of network service that allowed under this license.
Licensee shall comply with the provisions of the Act Komunikusi and Multimedia 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering and electronic addressing plan issued under this Act.
Licensee shall comply with spectrum plans issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
Communications and Multimedia 161 licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
5. Application service provider individual license conditions standard licence the licensee shall be a company incorporated in Malaysia.
The shareholders of the company shall comply with the limit of foreign investment related Malaysian.
The licensee shall notify the Minister of any change of the holdings of shares are required to be notified to the relevant authorities.
The licensee shall notify the Minister of any collaboration with other licensees made by the licensee.
This licence replaces any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of applications services allowed under this license.
Licensee shall comply with the provisions of the communications and Multimedia Act 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering and electronic addressing plan issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
162 the laws of Malaysia Act 588 licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
Special conditions of licence the definition of terms used in the license.
The duration of the license.
Initial licence fees.
Table of fees annual license: annual turnover% RM.............% RM.............% RM.............% the area licensed.
The location of the control centre.
The percentage of the total traffic carried through licensee network that will originate from, or are in, or originate and end in an area determined by the Commission as "underserved area" or provided to those determined by the Commission as "underserved groups" under section 202 of this Act.
Broadband application service provision.
A specific undertaking in respect of the level of investment, certain activities and operations.
Certain rights and privileges as may be agreed between the licensee and the Government that are subject to the undertaking made by the holder of the license.
Special conditions and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
Communications and Multimedia 163 6. Application service provider class license terms license standard License class replace any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of applications services allowed under this license.
Licensee shall comply with the provisions of the communications and Multimedia Act 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering and electronic addressing plan issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
7. Application service provider individual license Content standard conditions of licence the licensee shall be a company incorporated in Malaysia.
Shareholding company shall comply with the limit of foreign investment related Malaysian.
The licensee shall notify the Minister of any change of the holdings of shares are required to be notified to the relevant authorities.
The licensee shall notify the Minister of any collaboration with other licensees made by the licensee.
164 the laws of Malaysia Act 588 this Licence replaces any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of applications services content allowed under this license.
Licensee shall comply with the provisions of the communications and Multimedia Act 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and Commission against any claim or proceeding arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
Special conditions of licence the definition of terms used in the license.
The duration of the license.
Initial licence fees.
Table of fees annual license: annual turnover% RM.............% RM.............% RM.............% the area licensed.
The location of the control centre.
The name of the station opening times the percentage of keseluruahn content application service area covered by the licensees located in areas determined by the Commission as "underserved area" or provided to those determined by the Commission as "the underserved group within the community" under section 202 of this Act.
Communication and Multimedia needs of 165 so that given a certain percentage of local content (including special content category such as: the requirements of the content certain language, local production of certain categories such as movies, advertising, etc.).
A specific undertaking in respect of the level of investment, certain activities and operations.
Certain rights and privileges as may be agreed between the licensee and the Government that are subject to the undertaking made by the holder of the license.
Special conditions and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
8. Application service provider class License Content standard licence conditions

License class replace any other license granted by the Minister and shall be the sole licence held by the licence holder in respect of applications services content allowed under this license.
Licensee shall comply with the provisions of the Act Komunikusi and Multimedia 1998 ("the Act").
Licensee shall comply with the provisions of any subsidiary legislation made, or instrument, guidelines or other regulatory policy, issued under this Act.
Licensee shall comply with the numbering and electronic addressing plan issued under this Act.
Licensee shall comply with any code registered under this Act in relation to the activities of the licensee.
The licensee shall indemnify the Minister and the Commission, for any claims or handing arising out of any breach or failure on the part of the licensee.
Standard requirements and other matters declared by the Minister, or provided in any subsidiary legislation, under this Act.
166 the laws of Malaysia Act 588 laws of MALAYSIA Act 588 COMMUNICATIONS and MULTIMEDIA ACT 1998 LIST AMENDMENT law short title force of the Act amending the Act A1220 and Communications 01-04-2005 Multimedia (Amendment) 2004 167 communications and Multimedia laws of MALAYSIA Act 588 COMMUNICATIONS and MULTIMEDIA ACT 1998 LIST Section amended Section Power amend with effect from 4 Act A1220 01-04-2005 6 Act A1220 01-04-2005 16 Act A1220 01-04-2005 23a A1220 Act 01-04-2005 24 Act A1220 01-04-2005 24a A1220 Act 01-04-2005
26a A1220 Act 01-04-2005 26B A1220 Act 01-04-2005 26c Act A1220 01-04-2005 26d Act A1220 01-04-2005 26e A1220 Act 01-04-2005 30 Act A1220 01-04-2005 34 Act A1220 01-04-2005 36 Act A1220 01-04-2005 80 A1220 Act 01-04-2005 104 Act A1220 01-04-2005 A1220 Act 147 01-04-2005 157 A1220 Act 01-04-2005 187 A1220 Act 01-04-2005 188 A1220 Act 01-04-2005 193 A1220 Act 01-04-2005 204 A1220 Act 01-04-2005

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