P.U.(A) 129/2000
COMMUNICATIONS AND MULTIMEDIA (LICENSING) REGULATIONS 2000
PART I - PRELIMINARY
Regulation 2. Interpretation.
In these Regulations, unless the context otherwise requires -
"amount spent" [Deleted by P.U.(A) 298/2001]
"applicable annual licence fee" means the standard annual licence fee less the applicable rebates referred to in column 3 of Table B in the First Schedule provided that the applicable annual licence fee shall not be less than 0. 15% of the gross turnover of the preceding financial year of the licensee or fifty thousand ringgit, whichever is the greater;
"applications service provider class licensee" means a person who is registered with the Commission to provide an applications service in accordance with the Act and these Regulations;
"applications service provider individual licence" [Deleted by P.U.(A) 144/2005];
"ATM" means Asynchronous Transfer Mode;
"audiotext hosting service " means an applications service which enables a caller by dialling a '600' short code or such other codes or numbers as may be decided by the Commission from time to time for the purposes of receiving a recorded message or interacting with a programme for the purposes of receiving information;
"bandwidth service" means a managed network service which enables the transmission of units of information over a link within a particular unit of time;
"broadcasting distribution service" means a network service that distributes television programmes or radio programmes to persons having equipment appropriate for receiving that network service regardless of the means of distribution but does not include -
(a) a service (including a teletext service) that provides only data or text; or
(b) a service that makes programmes available on demand on a point-to-point basis, including a dial-up service;
"cellular mobile service" means a network service where -
(a) an end-user can use a network service while moving continuously between places;
(b) the cellular mobile access device used for or in relation to the supply of the network service is not in physical contact with any part of the network facility by means of which the network service is supplied; and
(c) the network service is supplied by use of a network facility that has intercell hand-over functions;
"content applications service provider" means a person who provides a content applications service;
"content applications service provider class licensee" means a person who is registered with the Commission to provide a content applications service in accordance with the Act and these Regulations;
"content applications service provider individual licensee" means an individual licence granted to a content applications service provider in accordance with the provisions of the Act and these Regulations;
"customer access service" [Deleted by P.U.(A) 298/2001]
"directory assistance service" means an applications service enabling a person, by dialling a code or number, to obtain the telephone number of a customer which is sought by such person through operator assistance or automatic means;
"directory service" means an applications service enabling a person to obtain the telephone number and limited information about a customer which is sought by such person and includes a directory assistance service or published directory service;
[Am. P.U.(A) 298/2001]
"distance learning purposes" means a purpose performed by an organisation or educational institution duly accredited or recognised under the Education Act 1996 [Act 550], the Universities and University Colleges Act 1971 [Act 30], the Universiti Teknologi Mara Act 1976 [Act 173] or the Private Higher Educational Institutions Act 1996 [Act 555];
[Ins. P.U.(A) 144/2005]
"earth station" means an apparatus located either on the earth's surface, or within the major portion of the earth's atmosphere and intended for communication -
(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;
"fixed link and cable" means a network facility to enable communication between two stations, channels or adjacent nodes of a network and is part of a communications system;
"gateway" means a device or programme in a communications network which interfaces that network with an international
communications networks;
[Ins. P.U.(A) 144/2005]
"gateway services" means a network service which provides interconnection between a domestic gateway and an international
gateway;
[Ins. P.U.(A) 144/2005]
"gross turnover" means the gross turnover of the licensed activities of an individual licensee during its financial year;
"industry development expenditure" means any expenditure which is in relation to -
(a) capital and operating expenditure incurred in industry research and development activities;
(b) investments in training and training facilities;
(c) procurement from Malaysian SMI;
[Am. P.U.(A) 298/2001]
(d) investment in a non-controlling interest in Malaysian SMI; and
[Am. P.U.(A) 298/2001]
(e) investment in local broadcasting programme content and expenditure in the procurement and commissioning of local productions,
as defined by the Minister, from time to time, for the purposes of these Regulations;
"International Telecommunication Convention" means the Constitution and Telecommunication Union Convention of the International Telecommunications Union signed in Geneva in 1992 in relation to telecommunications, and includes any subsequent Constitution and Convention, to which the Government is a party and it extends to any radiocommunication regulations made under to the Constitution and Convention; and if any amendment of the Constitution and Convention comes into operation with respect to Malaysia, references in these Regulations shall, unless the context otherwise requires, be construed as the Constitution and the Convention as amended;
"Internet access service" means an applications service whereby a person is able to access Internet services and applications in conjunction with either a dial-up connection or a direct connection;
"IP telephony" means an application service involving a multi-stage call set-up that involves a circuit switched to a packet switched interface;
[Subs. P.U.(A) 144/2005]
"ISDN" means Integrated Services Digital Network;
"low impact network facilities" [Deleted by P.U.(A) 298/2001]
"Malaysian value added procurement" in relation to Table B of the First Schedule and in respect of products and services, means the supply price of those products and services less the amount spent on imported products and services (including, without limitation, all components, embedded software and design, manufacturing, assembly and supply services) that are used for the supply of those products and services;
"messaging service" means an applications service which involves the storage or forwarding of a message in multimedia form whereby the message is first routed through a central management centre before it is forwarded to the addressee;
[Subs. P.U.(A) 144/2005]
"mobile satellite service" [Deleted by P.U.(A) 298/2001]"net turnover " [Deleted by P.U.(A) 298/2001]
"network facilities provider class licensee" means a person who is registered with the Commission to own or provide a network facility in accordance with the Act and these Regulations;
[Am. P.U.(A) 298/2001]
"network facilities provider individual licence" means an individual licence granted to a person who owns or provides any network facilities in accordance with the provisions of the Act and these Regulations;
[Am. P.U.(A) 298/2001]
"network service provider class licensee" means a person who is registered with the Commission to own or provide a network service in accordance with the Act and these Regulations;
[Am. P.U.(A) 298/2001]
"network service provider individual licence" means an individual licence granted to a network service provider in accordance with the provisions of the Act and these Regulations;
"niche connection service" shall have the meaning as provided for in subregulation 29(2);
"niche customer access service" shall have the meaning as provided for in subregulation 29(2) ;
"niche or limited purpose network facility" shall have the meaning as provided for in subregulation 28(2);
"nominated network facility" [Deleted by P.U.(A) 298/2001]
"private payphone service" [Deleted by P.U.(A) 298/2001]
"PSTN" means Public Switched Telephone Network which is an applications service involving a public circuit switched voice grade interface for the delivery of voice and data communications;
[Am. P.U.(A) 298/2001]
"public cellular services" means an applications service involving a network of base stations or cells for the delivery of voice and data communications;
[Ins. P.U.(A) 298/2001]
"public payphone facility" [ Deleted P.U.(A) 144/2005] ;
"public payphone service" means an applications service that is provided in places to which the general public has access that can only be used for communication (other than a free call or a call made with operator assistance) if the user, immediately prior to its use, makes or arranges to make a payment for that particular call but does not include a rented payphone;
[Subs. P.U.(A) 298/2001]
"public switched data service" means an applications service for non-voice services that involves switching of data emanating from one specific network facility to another, including telegram services, telex, ISDN and ATM;
[Am. P.U.(A) 298/2001]
"radiocommunications transmitter and link" means -
(a) a transmitter and link designed or intended to be used for the purpose of radiocommunications; or
(b) anything designed or intended to be ancillary to, or associated with, such transmitter and link for the purposes of radiocommunications;
"registration notice" means a registration notice submitted under section 45 of the Act;
"rented payphone" means a telephone installed on a subscriber's premises which is rented from an applications service provider or owned by the subscriber for the purpose of transmission and reception of telecommunication messages for which the subscriber requires sums of money to be paid in the coin collecting box provided;
[Ins. P.U.(A) 298/2001]
"repealed Acts" means the repealed Telecommunications Act 1950 [Act 20] and the Broadcasting Act 1988 [Act 338];
"restricted geographical area" means a precise or specific area including but not limited to—
(a) a housing development as defined in the Housing Development (Control & Licensing) Act 1966 [Act 118];
(b) a campus as defined in the Universities and University Colleges Act 1971 or a branch campus as defined in the Private Higher Educational Institutions Act 1996; or
(c) shopping complex;
[Ins. P.U.(A) 144/2005]
"satellite broadcasting" means a content applications service distributed by means of satellite;
"satellite control station" means an earth station that performs the function of telemetry, telecommand and control of the operation of a space station;
[Ins. P.U.(A) 298/2001]
"satellite hub" means a satellite ground station functioning as a network management facility and/or gateway;
"SMI" means Small and Medium Industry ;
[Subs. P.U.(A) 298/2001]
"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;
[Ins. P.U.(A) 298/2001]
"space station" means a station used or intended for use in the space service;
[Ins. P.U.(A) 298/2001]
"access applications service" means a network service which enables a customer to access an applications service provided over a network;
[Ins. P.U.(A) 298/2001]
"standard annual licence fee" is equal to 0. 5% of the gross turnover;
[Am. P.U.(A) 298/2001]
"submarine cable landing centre" means a network facility where submarine cables are terminated;
[Ins. P.U.(A) 298/2001]
"subscription broadcasting" means a content applications service whereby programme content is made available to the general public only upon the payment of a subscription fee;
"switching centre" means a network facility that terminates many circuits and which can interconnect or route traffic between
and among circuits;
[Ins. P.U.(A) 298/2001]
'"switching services" means a network services that—
(a) terminate many circuits; or
(b) interconnect or route traffic between and among circuits;
including without limitation through the use of frame relay, router internetworking, multi protocol label switching, internet protocol
switching, switching centres, points of presence or nodes;
[Ins.P.U.(A) 144/2005]
"telegram service" means an applications service whereby written matter is transmitted by teletypewriters for delivery to the addressee;
"telex facility and service" [Deleted by P.U.(A) 298/2001]
"terrestrial free to air TV" means a content applications service utilising UHF/VHF frequency bands;
"terrestrial radio broadcasting" means a content applications service by means of radio waves that provides radio programmes -
[Am. P.U.(A) 298/2001]
(a) are intended to appeal to the general public;
(b) are able to be received by commonly available equipment; and
(c) are made available free to the general public.
