Communications and Multimedia (Spectrum) Regulations 2000

FEDERAL SUBSIDIARY LEGISLATION

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

Incorporating Latest Amendment - P.U.(A) 111/2007

Publication Date: 1st April, 2000
Date of coming into operation: 1st April, 2000

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FEDERAL SUBSIDIARY LEGISLATION
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Preamble

PART I - PRELIMINARY

Regulation 1. Citation and commencement
Regulation 2. Interpretation

PART II - SPECTRUM PLANNING

Regulation 3. Spectrum plan
Regulation 4. Revision, variation and revocation of a spectrum plan
Regulation 5. Preparation of a marketing plan or conversion plan
Regulation 6. Marketing plan
Regulation 7. Conversion plan
Regulation 8. Applicant information package

PART III - ASSIGNMENT

Regulation 9. Issue of an assignment
Regulation 10. Standard conditions for an assignment
Regulation 11. Decision on an application
Regulation 12. Suspension or cancellation of an assignment
Regulation 13. Application to vary an assignment

PART IV - SPECTRUM ASSIGNMENT

Regulation 14. Application for a spectrum assignment
Regulation 15. Conditions for a spectrum assignment
Regulation 16. Fees for a spectrum assignment
Regulation 17. Validity of a spectrum assignment
Regulation 18. Suspension or cancellation of a spectrum assignment

Regulation 19. Transfer or dealing with a spectrum assignment

PART V - APPARATUS ASSIGNMENT

Regulation 20. Types of apparatus to be assigned
Regulation 21. Application for an apparatus assignment
Regulation 22. Conditions for an apparatus assignment
Regulation 23. Fees for an apparatus assignment
Regulation 24. Validity of an apparatus assignment
Regulation 25. Third party authorisation

PART VI - CLASS ASSIGNMENT

Regulation 26. Types of class assignment
Regulation 27. Fees for a class assignment
Regulation 28. Validity of a class assignment

PART VII - COMPULSORY ACQUISITION

Regulation 29. Compulsory acquisition
Regulation 30. Procedures for compulsory acquisition
Regulation 31. Staggering of acquisition
Regulation 32. Effect of compulsory acquisition

PART VIII - GENERAL

Regulation 33. Radiocommunications propagation path
Regulation 34. Spectrum interference
Regulation 35. Form
Regulation 36. Fees
Regulation 37. Register of assignments, etc.
Regulation 38. Record of authorisations, etc.
Regulation 39. Distress calls
Regulation 40. Indemnity
Regulation 41. General penalty
Regulation 42. Extension of time
Regulation 43. Certified true copy of assignment
Regulation 44. Transitional and savings
Regulation 45. Revocation

FIRST SCHEDULE
SECOND SCHEDULE

LIST OF AMENDMENTS

Preamble
In exercise of the powers conferred by sections 16 and 158 of the Communications and Multimedia Act
1998 [Act 588], the Minister makes the following regulations:

PART I
PRELIMINARY

1. Citation and commencement.
(1) These regulations may be cited as the Communications and Multimedia (Spectrum)

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

2. Interpretation.
In these Regulations, unless the context otherwise requires –
"apparatus" includes –

(a) any transmitter or receiver or a combination of both including any accessory equipment;
(b) any other device or equipment which either alone or together with one or more other

devices or equipment is capable of interfering with or being subject to interference by
electromagnetic radiation; or
(c) any device which can be used for the purposes of radiocommunications-based network
facilities, network services or applications services;
"apparatus assignment holder" means a person who is issued with an apparatus assignment under
section 164 of the Act;
"applicant" means a person who applies for an assignment or a variation of an assignment under these
Regulations, as the case may be;
"applicant information package" means the applicant information package prepared by the Commission
under regulation 8;
"armed forces" has the meaning assigned to it by the Armed Forces Act 1972 [Act 77];
"assignment" means a spectrum assignment or an apparatus assignment;
"assignment holder" means a spectrum assignment holder or an apparatus assignment holder;
"bandwidth" means the width of a frequency band;
"certified apparatus" means an apparatus which has been certified under the Communications and
Multimedia (Technical Standards) Regulations 2000 [P. U. (A) 124/2000];

[Am. P.U.(A) 277/2001]
"certified true copy", in relation to an assignment, means a certified true copy of the assignment under
regulation 43;

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

"geographic area" means –

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

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

(c) a low density area which has a population density of less than 50 people per square
kilometre;

"geographic unit", in relation to an assignment or transfer, means a geographically bounded area within
which the signal strength may be above a specified limit;

"harmful interference" means interference which endangers or seriously degrades, obstructs or
repeatedly interrupts the functioning of a radionavigation service or one or more safety services
operating in accordance with these Regulations;

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

"International Convention for the Safety of Life at Sea" means the International Convention concluded
in London in 1974 concerning the safety of life at sea, and includes any subsequent convention, to
which the Government is a party; and if any amendment of the Convention comes into operation with
respect to Malaysia, references in these Regulations shall, unless the context otherwise requires, be
construed as references to the Convention as amended;

"International Telecommunication Convention" means the Constitution and Telecommunication Union
Convention of the International Telecommunication Union signed in Geneva in 1992 relating to
telecommunications, and includes any subsequent Constitution and Convention, to which the
Government is a party and it extends to any radiocommunications regulations made under the
Constitution and Convention; and if any amendment of the Constitution and Convention comes into
operation with respect to Malaysia, reference in these Regulations shall, unless the context otherwise
requires, be construed as references to the Constitution and the Convention as amended;

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

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

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

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

"radio-sensitive radiocommunications device" means any device, equipment or machinery, other than
a station, the use or function of which is or can be adversely affected by electromagnetic emissions
from any station;

"receiver" means any station designed or intended for the purpose of radiocommunications reception
including any device designed to be used together with or ancillary to or in association with such a
receiver;

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

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

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

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

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

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

"transmitter" means any station designed or intended for the purpose of radiocommunications
transmission within a defined spectrum channel including any device designed to be used together with
or ancillary to or in association with such a transmitter.

PART II
SPECTRUM PLANNING

3. Spectrum plan.

(1) The table of frequency allocations which is developed under the repealed Telecommunications Act
1950 [Act 20] shall be deemed to be a spectrum plan under these Regulations until a spectrum plan is
developed under section 172 of the Act.

(2) If a spectrum plan is developed by the Commission under the Act the table of frequency allocations
under subregulation (1) shall cease to be deemed as a spectrum plan.

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

(a) be divided into such number of frequency bands as the Commission thinks appropriate for
the purpose of regulating radiocommunications under these Regulations;

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

(c) specify the general purpose for which any other band may be used including the reservation
of any band (whether for present or future use) for public or community purposes or for the
prevention or control of interference;

(d) provide for one or more purposes for which any part of a band (including any particular
frequency or frequency channel) may be used whether with regard to a specified
geographic area or period or otherwise; and

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

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

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

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

(2) Where the Commission has developed a new spectrum plan under subregulation 3(4) or has

revised, varied or revoked any existing spectrum plan under subregulation (1), the new spectrum plan
or the revised, varied or revoked spectrum plan shall supersede the existing spectrum plan or to the
extent of the revision, variation or revocation, as the case may be.

5. Preparation of a marketing plan or conversion plan.

[Am. P.U.(A) 111/2007:2]

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

[Am. P.U.(A) 111/2007:2]

6. Marketing plan.

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

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

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

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

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

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

(2) The marketing plan and any material modification of it shall be made available to the public for
comment and any comments which are received within the reasonable period specified by the
Commission shall be considered by the Commission before issuing an assignment.

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

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

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

(a) the method of determining the price;

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

(c) the advertisement of the proposed assignment.

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

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

(b) the congestion caused by intensity of demand;

(c) the extent of spectrum usage;

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

(e) qualitative factors such as –

(i)band quality;
(ii)flexibility of band usage;
(iii)availability of equipment for use in the band; and
(iv)ranges of band; and
(f) any other matters as the Commission may deem necessary.
(7) The Commission may modify or vary the marketing plan as it deems fit.

7. Conversion plan.

(1) The conversion plan prepared by the Commission under regulation 5 may set out the procedures
and timetable for issuing new spectrum assignments to replace existing apparatus assignments which
are affected by the conversion plan.

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

8. Applicant information package.

(1) The Commission shall prepare an applicant information package that sets out relevant information
to assist an eligible person to comply with the procedures for applying for an assignment by auction or
tender.

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

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

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

(c) the type of auctions or tenders;

(d) the advertising of auctions and tenders;

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

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

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

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

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

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

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

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

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

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

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

PART III
ASSIGNMENT

9. Issue of an assignment.

An assignment may –

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

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

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

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

10. Standard conditions for an assignment.

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

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

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

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

(d) the assignment holder shall submit a commissioning report in a format and containing any
information as may be specified by the Commission before a certified apparatus authorised
by the assignment may be placed into commercial operation;

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

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

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

(h) the assignment holder shall ensure that all apparatus causing major interference or
harmful interference to cease operation until such time when the major interference or
harmful interference has been eliminated;

(i) the assignment holder shall ensure that no apparatus used or operated in that spectrum
shall exceed the specified output powers, emission parameters or coverage area approved
for the assignment without the prior written approval of the Commission;

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

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

(l) the assignment holder shall observe the provisions of the International Telecommunication
Convention and the International Convention for the Safety of Life at Sea.

11. Decision on an application.

(1) If the Commission approves an application for an assignment, the Commission shall inform the
applicant by written notice of its decision and provide a copy of the assignment to the applicant.

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

(3) In this regulation, the Commission shall inform the applicant by written notice of its decision, as soon
as practicable, after making the decision to approve or to reject the application.

12. Suspension or cancellation of an assignment.

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

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

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

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

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

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

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

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

(3) The assignment holder shall within thirty days from the date of issuance of the written notice provide
a written submission to the Commission stating the reasons for not suspending or cancelling the
assignment.

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

(5) If a suspension or cancellation of an assignment affects members of the public, the Commission
shall give due consideration to any submission made by the members of the public before making a
decision to suspend or cancel the assignment.

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

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

(a) the assignment holder shall, unless otherwise authorised by the Commission, cease all
operation within the scope of the affected assignment within thirty days from the date of
cancellation of the assignment; and

(b) the cancellation shall not prejudice or affect the rights of the Commission or the
Government to recover any money due to them or obtain any remedy arising from or in
relation to any breach of any condition of the assignment or the failure to implement or
comply with the Act or any subsidiary legislation made under the Act by the assignment
holder.

13. Application to vary an assignment.

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

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

(a) the particulars of the assignment holder;

(b) the conditions imposed on the assignment;

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

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

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

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

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

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

(5) If any information or document required under subregulation (4) is not provided by the applicant
within the period specified in the request, the application shall be deemed to have been withdrawn and
shall not be further proceeded with, but without affecting the right of the applicant to make a fresh
application.

(6) The Commission shall, within a period of thirty days from the date of receipt of the application or all
relevant information as may have been requested under subregulation (4) as the case may be, decide
whether to approve, in whole or in part, or reject the application.

(7) If the Commission neither approves nor rejects the application in accordance with subregulation (6),
the Commission is deemed to have rejected the entire application unless the applicant receives a written
notice approving the application after the period referred to in that subregulation.

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

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

(b) vary the assignment accordingly;

(c) if the variation relates to the spectrum and the approval will cause changes to the fees
which are payable, vary the fees; and
[Ins. P.U.(A) 277/2001]

(d) give one copy of the assignment which has been varied to the applicant.
[Ins. P.U.(A) 277/2001]

(9) If the Commission rejects an application, or a part of it, the Commission shall give the applicant a
written notice of its decision and the reasons for the rejection.
(10) The variation made to the assignment shall continue to have effect until its expiry.
(11) In this regulation, "vary" in relation to a spectrum assignment includes splitting or aggregating the
spectrum.

PART IV
SPECTRUM ASSIGNMENT

14. Application for a spectrum assignment.
(1) No application for a spectrum assignment shall be submitted to the Commission unless an invitation
has been issued by the Commission in accordance with regulation 8.
(2) If an invitation has been extended to a person, the application for a spectrum assignment shall be
made in compliance with the procedures set out in the applicant information package and accompanied
by an application fee as prescribed in the Second Schedule.

15. Conditions for a spectrum assignment.
In addition to the standard conditions under regulation 10, the following conditions may be imposed by
the Commission on a spectrum assignment:

(a) the spectrum assignment holder shall submit a list of the sites at which it intends to install
its apparatus at least one month before the scheduled installation of each apparatus and
the list shall include the following information:
[Am. P.U.(A) 277/2001]

(i) the purpose of the site and proposed geographic target market;
(ii) the site name, short code designator, if any, and location;
(iii) the apparatus to be utilised;

(iv) the frequencies to be utilised;

(v) the radio emission parameters;

(vi) the antenna types, antenna pointing directions and heights; and
[Am. P.U.(A) 277/2001]

(vii) the proposed commissioning date of the site; and
(viii) such other conditions as stated in the applicant information package, marketing plan

or conversion plan.

16. Fees for a spectrum assignment.

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

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

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

17. Validity of a spectrum assignment.

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

18. Suspension or cancellation of a spectrum assignment.

(1) If the suspension or cancellation of a spectrum assignment under regulation 12 has taken effect, the
Commission shall, as soon as practicable, cause the suspension or cancellation notice to be published
in at least one national language and one English language national daily newspaper for at least three
consecutive days.

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

19. Transfer or dealing with a spectrum assignment.

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

(a) the conditions of the spectrum assignment;

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

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

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

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

(2) The conditions which a spectrum assignment holder may be subjected to under subregulation (1),
may result in the right of the spectrum assignment holder to transfer or otherwise deal with the spectrum
assignment in the following manner:

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

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

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

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

(3) If a spectrum assignment for a geographic area is permitted to be transferred or otherwise dealt
with, the spectrum assignment shall explicitly state the method of calculation of the boundaries of the
geographic unit.

(4) The boundaries of a geographic unit referred to under subregulation (3) shall be stated in terms of
coordinate points or lines of longitude and latitude.
(5) If a spectrum bandwidth is permitted to be transferred or otherwise dealt with –

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

(b) any condition and obligation associated with a spectrum assignment shall be transferred
with the associated units of the assignment, and where appropriate on a pro rata basis.

PART V
APPARATUS ASSIGNMENT

20. Types of apparatus to be assigned.
No person shall use or operate any apparatus which is of the type specified in the First Schedule except
with an apparatus assignment being duly assigned in accordance with these Regulations.

21. Application for an apparatus assignment.
(1) A person who intends to apply for an apparatus assignment may use the same form for one or
more apparatus of the same type of station, under the same designated frequency band and the same
location.

[Subs. P.U.(A) 277/2001]
(2) An application for an apparatus assignment shall be accompanied by –

(a) an application fee as prescribed in the Second Schedule; and
(b) such information or document as may be specified in the marketing plan or an

administrative guideline issued by the Commission.
(3) The Commission may at any time request the applicant to provide within the period specified in the
request, such further information or document.
(4) In deciding whether or not to grant an apparatus assignment, the Commission shall consider the
following matters:

(a) the impact of interference with regard to the safety of the public;
(b) the threat to safety of the incorrect use of an apparatus;

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

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

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

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

(g) compliance with technical standard requirements;

(h) the spectrum plan; and

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

(5) The grant of an apparatus assignment shall not be construed as conferring upon the apparatus
assignment holder a monopoly of the use of the frequency or a right of continued tenure in respect of
the frequency.

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

22. Conditions for an apparatus assignment.

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

(a) any apparatus and the operation, location and arrangement of it shall conform to the
requirements, specifications, standards, plans and procedures as approved by the
Commission;

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

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

(d) an antenna which crosses above or is liable to fall upon or to be blown on to an overhead
telephone, telegraph, power wire or apparatus shall be guarded to the reasonable
satisfaction of the owner of the overhead telephone, telegraph, power wire or apparatus;

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

(f) the Commission may require from the apparatus assignment holder any report, analysis
or other information regarding an apparatus or the use of the spectrum.

23. Fees for an apparatus assignment.

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

24. Validity of an apparatus assignment.

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

(2) The apparatus assignment holder may, not less than sixty days before the expiry of the apparatus
assignment, make a fresh application to the Commission for an apparatus assignment and regulation
21 shall apply mutatis mutandis for the application.

25. Third party authorisation.

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

(a) the authorisation is in writing;

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

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

(2) The apparatus assignment holder shall notify the Commission of its intention to authorise a third
party to operate its network facility, not less than sixty days before the authorisation date, except where
otherwise agreed by the Commission.
(3) The grant of an authorisation by an apparatus assignment holder to a third party shall not prevent
or preclude the apparatus assignment holder from using the assignment, simultaneously or otherwise,
in accordance with the conditions of the apparatus assignment.
(4) The third party authorised to operate the network facility shall retain a copy of the authorisation.
(5) The apparatus assignment holder shall notify the authorised third party of any material matters
affecting the assignment within fourteen days after the apparatus assignment holder is given notice of
the matter.
(6) The apparatus assignment holder shall be responsible for the conduct of the duly authorised third
party.

PART VI
CLASS ASSIGNMENT

26. Types of class assignment.
In deciding the types of class assignment that may be issued under section 169 of the Act, the
Commission shall consider the following matters:

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

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

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

(d) whether the apparatus requires specific frequencies;

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

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

27. Fees for a class assignment.
No fee shall be payable for a class assignment.

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

(2) Before the cancellation of a class assignment, the Commission shall cause a statement to be
published in at least one national language and one English language national daily newspaper for at
least three consecutive days notifying the public of the cancellation and the date the cancellation is to
take effect.

29. Compulsory acquisition.

The Minister may direct the Commission under subsection 178(3) of the Act to acquire compulsorily an
assignment, wholly or partly.

[Am. P.U.(A) 111/2007:3]

PART VII
COMPULSORY ACQUISITION

30. Procedures for compulsory acquisition.

(1) The Commission may develop compulsory acquisition procedures within a determined spectrum
and in developing the procedures the Commission shall have regard to the following matters:

(a) the Commission shall satisfy the Minister that the compulsory acquisition of spectrum is
the last available method to achieve the particular objective under the Act;

(b) a copy of the planned compulsory acquisition of spectrum is made available to the public
at least a year in advance for comments before undertaking the compulsory acquisition
and the Commission shall have due regard to the comments made by the public when
undertaking the compulsory acquisition;

(c) the procedures by which all assignment holders and third parties including third parties
who have been duly authorised under sections 163 and 167 of the Act to operate network
facilities in the spectrum affected by the Minister's direction under subsection 178(1) of the
Act shall be notified of the proposed acquisition;

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

(e) offers of alternative assignments;

(f) the review of any decision based on an economic business model taking into account the
business model of a network facilities provider, network service provider, applications
service provider and content applications service provider and consumer costs;

(g) the basis on which the compensation, including interest payable to the affected parties,
would be calculated and the circumstances in which an independent valuer may be
appointed;

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

(i) other matters as the Commission may decide.

(2) The procedures for compulsory acquisition developed by the Commission shall be made available
to the public for a period of sixty days for comments and the Commission shall have due regard to the
comments provided by the public before issuing the formal procedures.

31. Staggering of acquisition.

Subject to regulation 29, the Commission may stagger the acquisition of spectrum to best suit the
anticipated dates for which the compulsorily acquired spectrum may be beneficially utilised.

32. Effect of compulsory acquisition.

(1) Notwithstanding regulation 31, if the whole spectrum assignment is compulsorily acquired, the
spectrum assignment ceases to have effect on the day specified in the notice of the compulsory
acquisition.

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

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

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

PART VIII
GENERAL

33. Radiocommunications propagation path.

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

(2) The Commission may, in consultation with the relevant authorities, cause any such obstruction to
be dismantled or removed at the cost and expense of the person who planned, designed or constructed
the structure or physical object.

(3) Any person who contravenes or fails to comply with subregulation (1) commits an offence and shall,
on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a
term not exceeding one year or to both.

34. Spectrum interference.

(1) The Commission shall not be responsible for any minor interference, major interference and harmful
interference caused by any part of the spectrum assigned by it.

(2) If an apparatus is believed by the Commission to be causing major interference or harmful
interference to a radio-sensitive radiocommunications device, the owner or user of the apparatus or
radio-sensitive radiocommunications device shall allow the Commission to inspect the apparatus or
radio-sensitive radiocommunications device for the purposes of ascertaining whether the apparatus is
causing such major interference or harmful interference.

(3) If an apparatus causes major interference or harmful interference, the Commission may direct the
owner or user of the apparatus to take, at his own expense, such measures as are necessary to
eliminate or reduce the interference to the satisfaction of the Commission.

(4) If it is necessary to modify or alter an apparatus under subregulation (2) , the modification or
alteration shall be made within such reasonable time and upon the terms and conditions specified by
the Commission.

(5) A person who –

(a) transmits superfluous signals;

(b) conducts a trial or test or operates any apparatus except in circumstances where the
possibility of major interference or harmful interference is precluded and the possibility of
minor interference minimised; or

(c) wilfully uses any apparatus in such a manner as to cause minor interference, major
interference or harmful interference, commits an offence and shall, on conviction, be liable
to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not
exceeding three years or to both.

35. Form.

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

36. Fees.

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

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

37. Register of assignment, etc.

The Commission shall maintain a register of all assignments and any variation made to the assignment,
third party authorisations and third party transfers under these Regulations in accordance with section
81 of the Act, unless the Commission is satisfied that such matters should not be disclosed in the
national interest.

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

38. Record of authorisations, etc.

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

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

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

39. Distress calls.

A person using or operating an apparatus shall accept with absolute priority a distress call or message
regardless of its origin and reply or take immediate action in respect of the call or message and without
unnecessary delay, retransmit it to the appropriate authority.

40. Indemnity.

Neither the Government nor the Commission shall be responsible for an infringement of any law arising
in connection with an apparatus assigned under the Act or these Regulations or occasioned by the use
of the apparatus and the relevant assignment holder shall indemnify the Government and the
Commission against any action, claim or demand for loss or damage arising out of any infringement of
laws as a result of the usage of the apparatus by the assignment holder.

41. General penalty.

Any person who contravenes or fails to comply with any provision of these Regulations commits an
offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to a
term of imprisonment not exceeding six months or to both.

42. Extension of time.

Notwithstanding anything contained in these Regulations, where a time period is specified for an act to
be done or a condition to be fulfilled, the person affected may request for an extension of time in writing
and the Commission may grant such extension of time as it deems fit.

Regulation 43. Certified true copy of assignments.

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

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

44. Transitional and savings.

(1) All valid station licences issued under the Radiocommunications Regulations 1995 [P. U. (A)
224/95], except those apparatus which are subject to a class assignment, shall be deemed to be
apparatus assignments under equivalent conditions of the Act and these Regulations until their expiry.

(2) All certificates, approvals and actions issued, done or taken under the Radiocommunications
Regulations 1995 shall be as valid and effective as if issued, done or taken under these Regulations,
in so far as they are consistent with the Act and these Regulations and for all intents and purposes shall
be deemed to have been issued, done or taken under these Regulations until expiry or revoked.

45. Revocation.

(1) The Radiocommunications (Exemption) Order 1994 [P. U. (A) 167/94] is revoked.

(2) The Radiocommunication (Specific Services) Order 1993 [P. U. (A) 291/93] is revoked.

(3) The relevant provisions of the Radiocommunications Regulations 1995 [P. U. (A) 224/95] in so far
as they relate to the matters which are provided for in these Regulations are revoked.

FIRST SCHEDULE
(Regulation 23)

TABLE A

FEES FOR APPARATUS ASSIGNMENT

Fixed Fees

Nature of Service as Type of Apparatus Annual Fees
Per Spectrum Plan (RM)

FIXED Earth Station (less than 2.4 meters) 120.00

Earth Station (2.4 meters and above) 1,200.00

Land Station (less than 30 MHz) 60.00

Land Station (30 MHz up to 3 GHz) 120.00

Land Station (more than 3 GHz) 240.00

Experimental Station 60.00

Press Receiving Station 360.00

Fixed Station 120.00
[Subs. P.U.(A) 277/2001]

RADIODETERMINATION Radiolocation Station 120.00

Radionavigation Station 120.00

Radiodetermination Station 1,200.00

SPACE Space Station 120.00

Amateur-Satellite Station 120.00

Broadcasting Satellite Station 1,200.00

Fixed-Satellite Station 1,200.00

MOBILE Mobile Station 60.00

Land Mobile Station 60.00

Aeronautical Mobile Station 60.00

Mobile Earth Station 60.00

Maritime Mobile Earth Station cx 60.00

Aeronautical Mobile Earth Station 60.00

Experimental Station 60.00

Ship Station 60.00

Remote Controlled Station 60.00

BROADCASTING Private Use Station 240.00
AMATEUR Paging Base Station 120.00
Cellular Radio Base Station 120.00
Leased Channel Radio Base Station 120.00
Trunked Radio Base Station 120.00
Cordless Base Station 120.00
Coast Station 120.00
Wireless Alarm Station 60.00
Aircraft Station 60.00
Aeronautical Fixed Station 120.00
Broadcasting Transmitter Station 1200.00
Broadcasting Repeater Station 120.00
Amateur Station (Class A) 36.00
Amateur Station (Class B) 24.00
Amateur Repeater Station 60.00
[Subs. P.U.(A) 277/2001]

TABLE B

FEES FOR APPARATUS ASSIGNMENT

Variable Fees

Bandwidth (per channel) * Annual fees with respect to bands
(kHz)
per apparatus (RM)
0.000 - 5.000
5.001 - 12.000 Less than 30 30 MHz up to More than 3 GHz
12.001 - 25.000
25.001 - 100.000 MHz 3GHz
100.001 - 200.000
200.001 - 1000.000 42.00 90.00 60.00
1000.001 - 3500.000
3500.001 - 7000.000 52.00 110.00 70.00
7000.001 - 14000.000
14000.001 - 28000.000 62.00 130.00 90.00
28000.001 - 36000.000
36000.001 - 54000.000 113.00 230.00 130.00
54000.001 or greater
186.00 380.00 200.00

264.00 520.00 280.00

342.00 680.00 360.00

420.00 840.00 440.00

498.00 1000.00 510.00

576.00 1160.00 590.00

654.00 1300.00 670.00

732.00 1470.00 750.00

810.00 1620.00 830.00

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

Note:

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

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

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

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

(c) all fees may be pro-rated based on the period of use (for short term use, three months
being the minimum term) or may be pro-rated to an expiry date;
[Am. P.U.(A) 277/2001]

(d) the total fees payable for an apparatus assignment is the fee calculated using the fixed
fee plus the variable fees for an assignment. An apparatus assignment may have fixed
fees charges for the existence of the apparatus only or plus the variable fees for the various
frequencies and bandwidth employed depending on the nature of the service being
provided;
[Subs. P.U.(A) 277/2001]

(e) or fixed apparatus communicating with other fixed apparatus or space apparatus, as in the
case of point-to-point systems, the fee is calculated relative to the number of transmit and
receive frequencies and the bandwidth for each frequency;

(f) for any fixed apparatus communicating with mobile apparatus such as an aircraft, ship and
land mobile, the fee is calculated relative to the number of transmit and receive frequencies
and the bandwidth for each frequency employed;
[Am. P.U.(A) 277/2001]

(g) for fixed apparatus communicating with other fixed apparatus or mobile apparatus on the
same frequency, for example, an automatic repeater, one fee will be charged for
communications with the fixed apparatus and one fee with the mobile apparatus as in the
case of a leased channel radio base station and trunked radio base station;

(h) for communications via a fixed apparatus with other apparatus, whether fixed or mobile on
the same paired or single frequency, for example, via a repeater or fixed base station, the
fee will be charged on a single repeater or base station basis and for the channel bandwidth
occupied for each distinct channel as in Table B; and

(i) for fixed apparatus using only one frequency to communicate with any number of mobiles
applications, whether aircraft, ship or land mobiles, the fee shall be based on the single use
of that frequency and bandwidth.

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

(2) In this Schedule:

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

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

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

"aeronautical mobile service" means a mobile service between an aeronautical station and aircraft
station, or between aircraft stations in which a survival craft station may participate or in which an
emergency position indicating radio beacon may also participate on designated distress and emergency
frequencies;

"aircraft" includes any aeroplane, airship, hot air balloon and any other man-made flying machine which
is propelled through the air whether by natural or mechanical means and that has radiocommunications
equipment installed;

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

"amateur radio service" means a radiocommunications service in which a station is used for the purpose
of self-training, intercommunication and technical investigations carried out by amateurs, that is, by duly
authorised persons who are interested in radio technique solely with a personal aim and without any
pecuniary interest;

"amateur repeater station" means a station that is used for the reception of radiocommunications from
a transmitter and for the automatic relaying of radiocommunications to receivers;

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

"amateur-satellite service" means a radiocommunications service using a space station on earth
satellites for the same purposes as those of the amateur radio service;

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

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

"bandwidth" means the width of a frequency band;

"broadcasting repeater station" means a station that is used for the reception of radiocommunications
from a transmitter and for the automatic relaying of radiocommunications to receivers;

"broadcasting satellite service" means a radiocommunications service in which signals transmitted or
retransmitted by space stations are intended for direct reception by the general public or a section of
the general public;

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

"broadcasting service" means a content applications service in which content is transmitted by means
of radiocommunications and intended for direct reception by the general public or a section of the
general public;

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

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

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

"cellular mobile access device" means a device communicating with a cellular radio base station
provided by a licensee in the designated frequency bands;

[Subs. P.U.(A) 111/2007:4]

"cellular radio base station" means a fixed station used to provide a network service to subscribers and

which is used as the link between any cellular mobile access device and network facilities or between
any cellular mobile access device and other cellular mobile access devices;
"coast station" means a land station in the maritime mobile service;

"cordless base station" means a fixed station used to provide a network service to subscribers and
which is used as the link between any cordless telephone access device and network facilities or
between any cordless telephone access device and other cordless telephone access device;

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

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

(a) with one or more space stations; or

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

"emergency position indicating radiobeacon" means a radiolocation station, the emissions of which are
intended to facilitate search and rescue operations;

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

"fixed-satellite service" means a radiocommunications service between earth stations at a given
position, and when one or more satellites are used, the given position may be a specified fixed point or
any fixed point within a specified area and includes satellite-to-satellite links which may also be operated
in the inter-satellite service and feeder links for other space services;

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

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

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

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

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

"land mobile station" means a mobile station in the mobile service operating on land capable of having
surface movement within geographical limits of a country or continent;

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

"leased channel radio access device" means a device communicating with a leased channel radio base
station provided by a licensee linking a single radio frequency channel to a person or group of persons
in the designated frequency bands;

[Subs. P.U.(A) 111/2007:4]

"leased channel radio base station" means a fixed station providing leased channel
radiocommunications and used as a link between a fixed station and a leased channel radio access
devices;

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

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

between ship stations, or between associated on-board stations and includes a survival craft station
and emergency position indicating radiobeacon stations;
"maritime mobile-satellite service" means a mobile-satellite service in which mobile earth stations are
located on board vessels and includes a survival craft station and emergency position indicating
radiobeacon stations;

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

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

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

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

"mobile satellite service" means a radiocommunications service –

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

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

and includes feeder links which are necessary for its operation;

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

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

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

"private use station" means a station operating on a specific frequency or frequencies used for private
purposes by a person or group of persons or company for communicating with authorised base stations
or mobile stations;

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

"radiocommunications" means communications by means of radio waves;

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

"radiodetermination" means the determination of the position, velocity, direction and other
characteristics of an object or for obtaining information relating to the object by means of the spectrum;

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

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

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

"radiolocation station" means a radiodetermination station used in the radiolocation service for purposes
other than radio- navigation services;

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

"radionavigation station" means a radiodetermination station used for the purpose of radionavigation
service;
"remote controlled station" means a fixed station or mobile station controlled by radiocommunications
signal from a remote site;

"safety service" means any radiocommunications service whether permanent or temporary, with the
ability to meet emergency relief communications requirements for the safeguarding of human life
and/or property;

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

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

"space service" means a radiocommunications service using a space station or any other stations
located beyond, or intended to go beyond, or which has been beyond, the major portion of the Earth's
atmosphere;

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

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

"trunked radio access device" means a device communicating with a trunked radio base station
provided by a licensee in which the communications traffic may pass through any of the channels
automatically assigned by the trunked radio system from a trunked group of channels served by a
trunked radio base station in the designated frequency bands;

[Subs. P.U.(A) 111/2007:4]

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

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

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

"wireless alarm station" means a station providing the security alarm system by use of
radiocommunications.

SECOND SCHEDULE
[Regulations 8, 13, 36 and 43]

APPLICATION FEES

Matter Fee
Application for a spectrum assignment not exceeding RM5,000.00 per application

Application for an apparatus assignment RM60.00 per application form
[Am. P.U.(A) 277/2001]
Application for variation of a spectrum
assignment not exceeding RM500.00 per application

Application for variation of an apparatus RM20.00 per application
assignment

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

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

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

Amending law LIST OF AMENDMENTS In force from
P.U.(A) 277/2001  13-9-2001
Short title
P.U.(A) 111/2007 15-3-2007
Communications and Multimedia
(Spectrum) (Amendment) Regulation 2001

Communications and Multimedia
(Spectrum) (Amendment) Regulation 2007