MALAYSIA Law and Practice Contributed by: Janet Toh, Irene Yong, Krystle Lui and Boo Cheng Xuan, Shearn Delamore & Co.
• Network facilities refer to physical infra - structure used principally for, or in connec - tion with, the provision of network services, excluding customer equipment. Examples of network facilities are fixed links and cables, radio communications transmitters and links, submarine cable landing centres, etc. These represent the fundamental building blocks of the convergence model upon which network, applications and content services are pro - vided. Network services involve the transmis - sion of communications by means of guided and/or unguided electromagnetic radiation, including bandwidth services, broadcasting distribution services, cellular mobile services and switching services. Network services pro - vide the basic connectivity and bandwidth to support a variety of applications. • Applications services are services provided by means of, but not solely by means of, one or more network services. They include public cellular services, IP telephony, messaging services, internet messaging services and social media services. Applications services are essentially the functions or capabilities which are delivered to end-users. These are retail services. • Content applications services are applica - tions services which provide content, such as satellite broadcasting, and services such as online publishing (currently exempt from licensing requirements). Under the CMA, there are two types of licences. • An individual licence requires a high degree of regulatory control for a specified person to conduct a specified activity and may include special licence conditions. The MCMC also has the power to modify, vary, revoke or impose further special or additional condi - tions at any time.
• A class licence is a “light-handed” form of regulation designed to promote industry growth and development with easy market access. Unlike an individual licence, a class licence requires merely registration with the MCMC, which is an administrative process. A provider will have to assess whether its provi - sion of facilities or services falls within any of the categories of licensable activities above, and thereafter determine, based on the Licens - ing Regulations, if an individual or class licence is required for the specific facilities or services it provides. It may also be the case that its provi - sion of facilities or services is exempted from the licensing requirements by virtue of the Com - munications and Multimedia (Licensing) (Exemp - tion) Order 2000 (the “Exemption Order”). Exam - ples of exempted activities include the provision of Internet content applications services and web hosting services. Certification of Communications Equipment The Technical Standards Regulations provide for certain matters concerning communications equipment, such as the certification of commu - nications equipment, and standards applicable to such equipment. Some aspects of the Techni - cal Standards Regulations have been discussed in 4. Internet of Things . “Communications equipment” means any net - work facilities, customer equipment or radio - communications equipment, and would include equipment or device using wireless technologies such as laptop or tablet. Regulation 14 of the Technical Standards Regulations states that all communications equipment which is required to be certified under the Regulations shall so be certified. Therefore, to the extent the provision of telecommunications products and services would involve any communications equipment
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