Regulation 16. Revocation of designation of designated universal service provider. (COMMUNICATIONS AND MULTIMEDIA (UNIVERSAL SERVICE PROVISION) REGULATIONS 2002

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Malaysia Legislation

P.U.(A) 419/2002
COMMUNICATIONS AND MULTIMEDIA (UNIVERSAL SERVICE PROVISION) REGULATIONS 2002
PART IV - IMPLEMENTATION OF THE UNIVERSAL SERVICE PLAN

Regulation 16. Revocation of designation of designated universal service provider.

(1) The Commission may, revoke the designation of the designated universal service provider in any of the following circumstances:

(a)

the designated universal service provider has failed to comply with the approved universal service plan;

(b)

a receiver or liquidator has been appointed for the designated universal service provider;

(c)

a petition for the winding up of the designated universal service provider has been presented against the universal service provider in a court of competent jurisdiction or a resolution for its voluntary winding up has been passed;

(d)

the designated universal service provider ceases to carry on its business; or

(e)

the revocation is in the public interest.

(2) Before revoking the designation of a designated universal service provider, the Commission shall notify the designated universal service provider in writing of its intention.

(3) The designated universal service provider shall within thirty days from the date of issuance of the written notice provide a written submission to the Commission stating the reasons why the designation should not be revoked.

(4) The Commission shall consider the submission made by the designated universal service provider before revoking the designation.

(5) The revocation of designation of the designated universal service provider shall take effect on the expiry of fourteen days from the date on which the notice of revocation is served on the designated universal service provider.

(6) If the designation of a designated universal service provider is revoked under subregulation (1)—

(a)

the designated universal service provider shall, unless otherwise authorized by the Commission, cease to implement the approved universal service plan from the date the revocation takes effect; and

(b)

the revocation shall not prejudice or affect the rights of the Commission to recover any money paid to the designated universal service provider or obtain any remedy arising from or in relation to any non-compliance of the approved universal service plan.

(7) Upon revocation of the designation of the designated universal service provider under subregulation (1), the Commission may designate another licensee as the new designated universal service provider to complete the approved universal service plan.

(8) Notwithstanding subregulation (7), the designated universal service provider revoked under subregulation (1) shall be paid all cost and expenses incurred as set out in the approved universal service plan less any advance payment made up to the date it ceased to be the designated universal service provider.