Regulation 12. Suspension or cancellation of an assignment. (COMMUNICATIONS AND MULTIMEDIA (SPECTRUM) REGULATIONS 2000

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Malaysia Legislation

P.U.(A) 128/2000
COMMUNICATIONS AND MULTIMEDIA (SPECTRUM) REGULATIONS 2000
PART III - ASSIGNMENT

Regulation 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.