MCMC issues public consultation paper on proposed amendments to Communications and Multimedia Act 1998

Subject matter

Proposed amendments

MCMC’s question requiring feedback

Strategic and substantive reforms

Management of electronic addressing

To establish statutory authority for the management and administration of electronic addressing (including internet protocol (IP) addresses, autonomous systems (AS) and associated fees), supporting the development of a National Internet Registry model.

Whether establishing statutory authority for the MCMC to manage electronic addressing resources would support development of the communications and multimedia industry.

Deeming mechanism under class licensing

·        To clarify the Communications Minister’s power to dispense with formalities of registration.

·        To provide that a deemed licensee’s registration can only be cancelled by way of a ministerial declaration issued under section 48 of the CMA.

·        To require deemed licensees to be subject to applicable fees, penalties and obligations comparable to voluntary registrants.

Whether enhancements to the deeming mechanism are proportionate and operationally feasible.

Undertakings framework

·        To expressly empower the MCMC to vary or revoke a registered undertaking when justified by surrounding circumstances, whether initiated by the MCMC or a licensee.

·        To harmonise the MCMC’s timelines to register or refuse to register an undertaking.

Whether empowering the MCMC to vary or revoke undertakings and harmonising timelines would provide sufficient certainty for affected parties.

Judicial review of Appeal Tribunal decisions

To introduce an express right for aggrieved parties (including the MCMC) to seek judicial review in relation to the Appeal Tribunal’s decisions in the High Court.

Whether enhancing judicial review rights in respect of the Appeal Tribunal’s decisions to all aggrieved parties is reasonable, and whether there are any procedural or practical considerations.

Alignment of competition practices

To update Part VI, Chapter 2 (General Competition Practices) of the CMA to align with the Competition Act 2010 (“CA”) and Civil Aviation Authority of Malaysia Act 2017 (“CAAMA”) for consistent competition law framework in Malaysia.

Views on updating general competition practices in the CMA to align with the CA and CAAMA.

Enforceability of access agreements

·        To provide that only lodged access agreements are enforceable.

·        To establish a dispute resolution framework for lodged agreements.

Views on enforceability of lodged and unlodged access agreements.

Apparatus assignments

·        To extend the scope of apparatus assignment to cover both network infrastructure and customer equipment, replacing the term “network facility” with “apparatus” for consistency.

·        To clarify that the maximum term of five years for apparatus assignments is to be calculated from the dates stated in the assignment.

Whether strengthening apparatus assignment provisions is technically and operationally feasible.

Satellite network filings

To establish a statutory framework for the MCMC’s administration of satellite network filings, including submitting and coordinating filings with the International Telecommunication Union (ITU).

Whether formalising the MCMC's authority to administer satellite network filings would strengthen Malaysia's satellite industry.

Spectrum reassignment

To enable the MCMC to undertake preparatory actions for spectrum reassignment before the current assignment expires.

Whether formalising preparatory actions would improve operational efficiency of spectrum reassignment.

Network facilities installation permits

To enhance the existing framework by addressing operational challenges, strengthening the MCMC’s information gathering powers, improving management of fees and permit conditions, and improving national security oversight.

Views on the proposed amendments to network facilities installation permits framework, including any recommendations to improve the installation, deployment, and management of network facilities in Malaysia.

Right of private action

To introduce a statutory right of private action for affected persons through civil proceedings, which will be available regardless of whether the contravening party has been charged or convicted under the CMA.

Would this provide a useful avenue for affected persons seeking remedies.

Regulatory costs

Class licence fees

To revise the types of fees prescribed for class licensees to reflect regulatory costs and activities associated with different categories of licensed service providers.

Whether the proposed amendments for the imposition of fees would support the efficient and sustainable administration of regulatory functions under the CMA.

Dispute resolution fees

To establish the statutory power for the MCMC to impose fees for dispute resolution proceedings under the CMA.

As above.

Exemption application and merger notification fees

To establish the statutory power for the MCMC to impose fees for processing exemption applications and merger notifications.

As above.

Technical standards fees

To establish the statutory power for the MCMC to impose fees for conducting technical assessments and related administrative processes.

As above.

Enforcement and regulatory powers

Equipment certification

To clarify the distinction between certifying agencies’ technical assessment function and the MCMC's regulatory approval function.

Whether the proposed amendment would provide greater clarity on the respective roles of the MCMC and the certifying agencies in equipment certification.

Evidentiary requirements for non-standard equipment

·        To streamline evidentiary requirements under section 239 of the CMA to be technology neutral.

·        To allow reports and certificates from registered certifying agencies and bodies as prima facie evidence of non-standard equipment.

Whether the proposed amendments would support more effective and efficient investigations and enforcement actions while maintaining appropriate safeguards.

MCMC’s investigative powers

To introduce express provisions for the use of agent provocateurs in enforcement operations and for the exercise of sampling powers for seized items under the CMA.

As above.