The Communications and Multimedia Act 1998 (“CMA 1998”) establishes a framework to promote Malaysia’s national policy objectives for the communications and multimedia industry and seeks to provide a generic set of regulatory provisions based on generic definitions of market and service activity.
Licensing
As the communications and multimedia industry evolves towards convergence, licenses under the Communications and Multimedia Act 1998 are formulated to be both technology and service neutral. The licensing regime as provided under the Communications and Multimedia Act 1998 allows a licensee to undertake activities that are market specific. This creates opportunities for expansion into the industry particularly in the area of Applications Service Providers and provides more effective utilization of Network Infrastructure. Under the Communications and Multimedia Act 1998, there are 4 categories of licensable activities:
- Network Facilities Providers
- Network Services Providers
- Network Services Providers
- Content Applications Service Providers
Spectrum Management
Use of spectrum is regulated to ensure spectrum is efficiently used and to minimize interference. MCMC is tasked to regulate and ensure use of spectrum is in accordance with CMA 1998 and the Communications and Multimedia (Spectrum) Regulations 2000.
Assignment of Spectrum
Pursuant to section 157 of the CMA 1998, no person shall intentionally use any part of the spectrum to provide a network service unless –
a)The person holds a spectrum assignment
b)The person holds an apparatus assignment
c)The use of the spectrum is subject to class assignment issued by the Commission
All assignments must be consistent with the Spectrum Plan, that outlines the spectrum in Malaysia into a number of frequency bands and specifies the purposes for which the bands may be used – that referred to as the allocation of frequency bands to radiocommunications services.
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