Regulation 13. Application to vary 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 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not provided by the applicant within the period specified in the request, the application shall be deemed to have been withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.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.