For better service

CONSUMERS of communications and multimedia products and services can look forward to better deals in service quality and consumer protection. Industry regulator, the Malaysian Communications and Multimedia Commission (MCMC), is carrying out a public inquiry to assess dominance in the communications markets that could impede industry efficiency in the delivery of products and services. This follows the completion of an independent study commissioned by MCMC that sought to determine dominant licensees under the Communications and Multimedia Act 1998 (CMA) which resulted in a number of significant findings in relation to the state of competition. They cover areas such as fixed line access, mobile telephony, network facilities, leased lines, interconnection, broadband services, and broadcasting transmission. According to MCMC, the objectives of public inquiry are to inform and initiate views of the public and licensees under CMA on the findings. While there is nothing objectionable about a licensee being in a dominant position, the licensee must ensure that it does not abuse its position. Hence, the study, coupled with the public inquiry exercise, is expected to contribute towards enhancing the commission’s ability to monitor and promote competition in the relevant communications markets and for the sector generally. “Among the topics that MCMC is seeking feedback on is whether there is a need to promote competition and allow for national champions that would be able to compete in the global market. We are also calling for views on how the dual objectives of promoting competition and development of national champions can be reconciled,” a spokesperson told Computimes on Tuesday. Licensees and the public are given 90 days, ending on Nov 8, to formulate and submit their views on the matter. The commission will then, within 30 days, prepare a report based on the analysis of the given views that will be entered into the Register of Reports which will be accessible to the public. MCMC is encouraging all licensees who fall under the four CMA licensable activities – network facilities providers, network service providers, applications service providers and content applications service providers – to come forward and participate. “This would be an avenue for all licensees, big or small, to voice their views and opinions. It is an opportunity for them to have more say in the progress and direction of the industry,” the spokesperson said. At the conclusion of the public inquiry process, the commission is expected to obtain a stronger view on the state of competition in the local communications and multimedia industry through the assessment of dominance. Based on the findings and conclusion reached that will be embodied in the public inquiry report, the commission may then consider applying Section 137 of the CMA whereby it can determine that a licensee is in a dominant position in the communications market. If and when Section 137 is invoked, then the commission would also be able to invoke section 139 if a particular situation arises and necessary, whereby it may direct a licensee in a dominant position to cease a conduct which has, or may have, the effect of substantial lessening of competition (SLC) and to implement appropriate remedies. In light of the comments received and the findings/conclusions of the public inquiry process, the commission will also consider to review the Competition Guidelines (Dominant Position and SLC) for its further enhancement. MCMC will be holding a public briefing to clarify any issue arising from the subject matter of the inquiry at its office in Cyberjaya on Sept 10.