Regulation 2. Interpretation. (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 I - PRELIMINARY

Regulation 2. Interpretation.

In these Regulations, unless the context otherwise requires—

"minimum revenue threshold" means—

(a) up to 31 December 2003, a minimum amount of five hundred thousand ringgit; and

(b) from 1 January 2004, a minimum amount of two million ringgit;

[Ins. P.U.(A) 402/2003]

"individual access" means access to applications services by any person in a universal service target and for which such person would be responsible for all charges including rental;

[Ins. P.U.(A) 402/2003]

"collective access" means access to applications services by members of the community in a universal service target and for which the members of the community do not pay any rental or other charges other than call charges for telephony and Internet access service charge;

[Ins. P.U.(A) 402/2003]

"weightage factor" means a multiplication factor applied to revenue derived from a designated service for calculating the contribution to the USP Fund as specified in regulation 28;

[Am. P.U.(A) 402/2003]

"net revenue" means gross revenue less outpayment settlements to other licensees such as interconnect charges and in respect of international calls, payment to other foreign network facilities providers, foreign network service providers or foreign applications service providers;

[Ins. P.U.(A) 402/2003]

"weighted net revenue" means net revenue multiplied by the weightage factor;

[Subs. P.U.(A) 402/2003]

"gross revenue" means payments received by the licensee for the services provided to the customer less any discounts given;

[Ins. P.U.(A) 402/2003]

"national penetration rate" means the percentage of the total number of PSTN subscribers in Malaysia divided by the total population as projected based on the latest Population and Housing Census of Malaysia conducted by the Statistics Department;

[Subs. P.U.(A) 402/2003]

"area" has the same meaning as the word "district" as defined in the National Land Code 1965 [Act 56/1965];

"underserved area" means—

(a) an area where the penetration rate for PSTN subscribers in Malaysia is twenty per cent below the national penetration rate; or

(b) any locality where, in the opinion of the Commission, applications services are not sufficiently available to the community at large;

[Subs. P.U.(A) 402/2003]

"net USP cost" means the loss incurred, if any, by a universal service provider from providing network facilities, network services
or applications services to a universal service target in the course of implementing the universal service plan and is arrived at by
applying the formula of avoidable cost less the revenue foregone and less any advance payment made pursuant to regulation 12;

[Ins. P.U.(A) 402/2003]

"underserved group within the community" means a group of people linked by similar characteristics from a socio-cultural or economic perspective, within a served area, who do not have collective and/or individual access.

[Am. P.U.(A) 402/2003]

"USP Fund" means the fund established under section 204 of the Act;

"international call" means an effective call made between two exchange lines connected through switching centres in Malaysia with any switching centres outside Malaysia;

"operator assisted call" means any call connected with an assistance in making a call whether the assistance of an applications service provider's operator or through automated means;

"national call" means an effective call between two exchange lines connected through switching centres which are not within the same charge district and not within the charge districts which are adjacent to each other;

"local call" means an effective call between two exchange lines which are—

(a)

connected to the same switching centre;

(b)

connected to switching centres within the same charge area; or

(c)

connected to switching centres which are in adjacent charge areas;

"universal service provider " means a licensee designated pursuant to regulation 9 or 10;

[Am. P.U.(A) 402/2003]

"licensee" means any person who—

(a) holds an individual licence; or

(b) undertakes activities which are subject to a class licence,

but does not include any person who holds only a content applications service provider licence;

[Ins. P.U.(A) 402/2003]

"cellular mobile access device" means an access device to access a radio network in one of the cellular bands;

"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;

"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;

"freephone service" means a service in which all call charges are borne by the party being called;

"call termination service to a foreign network facilities provider, foreign network services provider and/or foreign applications service provider" means a service in which a foreign network facilities provider, foreign network services provider and/or foreign applications service provider is allowed to terminate its outbound international calls destined for Malaysia through a licensee;

"international roaming service" means a service in which a person is able to use his cellular mobile access device to access a cellular mobile service in a country other than the country from which he subscribes the cellular mobile service;

"audiotext hosting service" means an applications service which enables a caller to dail 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;

" basic telephony service " means an applications service for the delivery of voice and data communications excluding Internet;

[Ins. P.U.(A) 402/2003]

"public payphone service" - [Deleted by P.U.(A) 402/2003]

"designated service" means any of the services listed in column (1) of Table C of the Schedule;

[Subs. P.U.(A) 402/2003]

"individual access point " means a location in the relevant universal service target where individual access is to be provided under a universal service plan;

[Ins. P.U.(A) 402/2003]

"collective access point " means a location in the relevant universal service target where collective access is to be provided under a universal service plan;

[Ins. P.U.(A) 402/2003]

"ISDN" means Integrated Services Digital Network;

"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;

"universal service plan" means a plan as specified under regulation 6;

"universal service target" means an underserved area and/or an underserved group within the community;

"contribution" means the amount payable by a licensee to the USP Fund under regulation 27;

"leased line" means any facility which connects two or more premises to an exchange without using a switch;

"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;

"IP telephony" means a public Internet Protocol telephony which is an applications service involving a multi-stage call set-up that involves a circuit switched to a packet switched interface.