Chapter 1 — Individual Licence
Application for an individual licence
Open ↗(1) Subject to subsection (2), a person may apply, in writing, to the Commission for an individual licence in respect of any matter requiring an individual licence under this Act.
(2) For the purposes of subsection (1), the Minister may set out in the regulations made under section 16 the persons or classes of persons who are not eligible to apply for an individual licence.
(3) An application under this section may be withdrawn at any time before it is granted or refused.
Further information
Open ↗(1) The Commission may at any time after the application for an individual licence is made, request the applicant to give the Commission, within the period specified in the request, further information on the application.
(2) If any additional information or document required under subsection (1) is not provided by the applicant within the time specified in the request or any extension of time granted by the Commission, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.
Recommendation by the Commission
Open ↗The Commission shall, within sixty days of receiving an application for an individual licence under this Part or such other period as may be specified by the Minister, provide a written recommendation to the Minister specifying—
(a) whether the individual licence should be granted to the applicant;
(b) any special or additional conditions which the individual licence should be subject to, if the Commission recommends the granting of the individual licence; and
(c) the reasons for its recommendation.
Grant of an individual licence
Open ↗(1) The Minister shall have due regard to the recommendation of the Commission given under section 29 before making a decision.
(2) The Minister may, acting on the recommendation of the Commission, by written notice—
(a) grant an individual licence in accordance with the provisions of this Part; and
(b) declare that an individual licence granted under this Part be subject to special or additional conditions.
(3) If the Minister grants an individual licence under subsection
(2), the Commission shall inform the applicant by written notice—
(a) that the individual licence has been granted; and
(b) of any special or additional conditions, which are declared by the Minister under section 13.
(4) Notwithstanding subsection (2), all individual licences shall be deemed to include the relevant standard licence conditions specified in the Schedule.
(5) The individual licence granted under subsection (2) is subject to any other approvals of the relevant authorities, including the State Authority, for the placing, laying or maintenance of any network facilities on, through, under, or across any land.
(6) If the Minister refuses to grant an individual licence to an applicant, the Minister shall give the applicant a written notice informing him—
(a) that the application has been refused; and
(b) the reasons for the refusal.
(7) For the purposes of this section, the Minister shall inform the applicant by written notice of his decision, as soon as practicable, after making the decision to approve or refuse the application.
(8) If the Minister neither grants, nor refuses to grant, an individual licence within thirty days from the receipt of the recommendation by the Commission, the Minister is deemed, at the end of the period, to have refused to grant the individual licence unless the applicant receives a written notice approving the application for an individual licence after the period.
(9) An approval fee, to be decided upon by the Minister, shall be payable upon the approval of the application.
Restriction on the grant of an individual licence
Open ↗The Minister may not grant an individual licence to a person if that person is operating under an existing class licence in respect of the same service or activity.
Compliance with the conditions of an individual licence
Open ↗An individual licensee shall comply with—
(a) the relevant standard conditions of the individual licence as set out in the Schedule; and
(b) any special or additional conditions of the individual licence as declared by the Minister and included in the individual licence.
Modification, variation or revocation of individual licence conditions
Open ↗(1) The Minister may, at any time, by declaration in accordance with section 13—
(a) modify or vary the special or additional conditions of an existing individual licence;
(b) revoke the special or additional conditions of an existing individual licence; or
(c) impose further special or additional conditions to an existing individual licence.
(2) The procedures set out in section 13 shall apply mutatis mutandis to the modification, variation, or revocation of a licence condition under this section.
Renewal of an individual licence
Open ↗(1) The licensee may apply for the renewal of an individual licence not later than sixty days before its expiry.
(2) The renewal fee, to be decided upon by the Minister, shall be payable upon approval of the application.
(3) The application for the renewal of an individual licence shall be granted by the Minister unless the Minister, on the recommendation of the Commission, determines that the licensee—
(a) has failed to comply with the terms and conditions of the individual licence;
(b) has failed to comply with the provisions of this Act; or
(c) has failed to comply with any instrument issued, made or given by the Minister or the Commission.
(4) If the Minister has no intention of renewing the individual licence, the Commission shall—
(a) inform the licensee by written notice, as soon as practicable, of his refusal to renew the individual licence; and
(b) notify and publish, at least thirty days before the expiry of the individual licence, such intention in at least one national language and one English language national daily newspapers for at least three consecutive days.
(5) The affected licensee shall be given a reasonable opportunity to make written submissions to the Minister within a time period specified in the notice and such time period shall not be less than fourteen days.
(6) The affected licensee may, within the time period specified in the notice, submit a written submission and the Minister shall consider the submission.
Surrender of an individual licence
Open ↗(1) A licensee may, by written notice, surrender his individual licence to the Minister—
(a) at any time; or
(b) in accordance with the requirements set out in the individual licence.
(2) The surrender shall take effect on the date the Commission receives the individual licence and the notice under subsection (1), or where a later date is specified in the notice, on that date.
(3) The surrender of an individual licence shall be irrevocable unless it is expressed to take effect on a later date and before that date the Commission, by notice in writing to the licensee, allows the surrender to be withdrawn.
Transfer of an individual licence or change of ownership
Open ↗(1) The grant of an individual licence shall be personal to the licensee and the individual licence shall not be assigned or transferred to any other party unless the prior written approval of the Minister has been granted.
(2) The Minister may seek the advice of the Commission before granting an approval under subsection (1).
Recommendation for the suspension or cancellation of an individual licence
Open ↗The Minister may, on the recommendation of the Commission, by declaration in accordance with section 13, suspend or cancel an individual licence granted under this Act in any of the following circumstances:
(a) the licensee has failed to pay any amount required by this Act or the individual licence;
(b) the licensee has failed to comply with the provisions of this Act or the terms and conditions of the individual licence;
(c) the licensee has contravened the provisions of any other written law relevant to the communications and multimedia industry;
(d) the licensee has failed to comply with any instrument issued, made or given by the Minister or the Commission; or
(e) the suspension or cancellation is in the public interest.
Suspension or cancellation of an individual licence by the Minister
Open ↗(1) The Minister may, by declaration in accordance with section 13, suspend or cancel an individual licence granted under this Part in any one of the circumstances set out in section 37.
(2) The procedures set out in section 13 shall apply mutatis mutandis to the suspension or cancellation of an individual licence under this section.
Effective date of suspension or cancellation of an individual licence
Open ↗The suspension or cancellation of an individual licence shall take effect on the expiration of fourteen days from the date on which the notice of suspension or cancellation is served on the licensee.
Publication on suspension or cancellation of an individual licence
Open ↗(1) Where the suspension or cancellation of an individual licence has taken effect, the Commission shall, as soon as practicable, cause the suspension or cancellation to be published in at least one national language and one English language national daily newspapers for at least three consecutive days.
(2) Any delay or failure to publish the notice of suspension or cancellation shall not in any manner affect the validity of the suspension or cancellation.
Effect of suspension, cancellation, surrender or expiry of an individual licence
Open ↗(1) Where the suspension or cancellation of an individual licence under section 37, or the surrender of an individual licence under section 35, has taken effect, or where the individual licence has expired, the licensee shall immediately cease to provide any facility or service in respect of which the individual licence was granted.
(2) Notwithstanding subsection (1), the Minister may, on the recommendation of the Commission, authorize the licensee in writing to carry on providing any facility or service for such duration as the Minister may specify in the authorization for the purpose of winding up the licensee’s affairs.
(3) Notwithstanding subsection (1), the licensee whose individual licence has expired shall be entitled to carry on providing a facility or service as if his individual licence had not expired upon proof being submitted to the Commission that the licensee has applied for the renewal of the individual licence in accordance with section 34 and that such application is pending determination by the Minister.
(4) Subject to subsections (2) and (3), a person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
Register of individual licences
Open ↗(1) The Minister shall provide a copy to the Commission of—
(a) any individual licence granted under this Part;
(b) any special or additional conditions specified in the individual licence;
(c) any written notice varying, revoking or imposing any special or additional conditions specified in the individual licence;
(d) any written notice by the licensee surrendering his individual licence;
(e) any written notice by the Minister suspending or cancelling the individual licence; and
(f) any written notice approving the transfer of an individual licence or a change in beneficial ownership of the individual licence.
(2) The Commission shall maintain a register, which shall be made available to the public, of all individual licences which have been granted under this Part.
(3) The Commission shall maintain a separate register, which shall be made available to the public, of all the matters listed in paragraphs (1)(b) to (f).
(4) The Commission shall maintain the registers in accordance with Chapter 6 of Part V.
Rights and obligations attached to an individual licence
Open ↗(1) The grant of certain individual licences may be conditional on the registration of undertakings by a prospective licensee.
(2) In granting individual licences, the Minister may declare specified benefits only for licensees who have current registered undertakings under this section.
(3) The Minister may make regulations on the types of matters which may be included in an undertaking by a prospective licensee and the commensurate benefits for which the licensee shall be eligible in respect of such matters.
(4) The regulations made by the Minister under section 16 and this section may provide for any or all specified benefits to have effect when a licensee meets any one or more of the terms of his undertakings under subsection (1), as the Minister deems fit.
(5) A licence fee shall be payable by a licensee to the Commission under this section, subject to such terms as may be provided in the regulations made, and as required in the individual licence granted, under this Part.
Chapter 2 — Class Licence
Minister may grant class licence
Open ↗(1) The Minister may grant a class licence in respect of any matter requiring a licence under this Act.
(2) A class licence granted under subsection (1) may include the relevant standard conditions as set out in the Schedule and/or such other standard conditions as may be declared by the Minister from time to time.
(3) The Minister shall give a copy of all class licences to the Commission as soon as practicable and the Commission shall register them.
Application for registration
Open ↗(1) A person who intends to operate under a class licence shall register with the Commission by submitting a registration notice to the Commission.
(2) A registration fee, to be prescribed by the Minister by notification in the Gazette, shall be payable by the person to the Commission upon the registration of that person.
Requirement for registration
Open ↗Subject to the exceptions provided in this Act, no person shall operate under any class licence unless the person is duly registered by the Commission.
Recommendation by the Commission
Open ↗The Commission may make a written recommendation to the Minister that the person subject to a class licence under this Part be de-registered in any of the following circumstances:
(a) the person has failed to pay any amount required by this Act or the licence;
(b) the person has failed to comply with the provisions of this Act or the terms and conditions of the licence;
(c) the person has contravened the provisions of any written law relevant to the communications and multimedia industry;
(d) the person has failed to comply with any instrument issued, made or given by the Minister or the Commission; or
(e) the de-registration is in the public interest.
Cancellation of registration by the Minister
Open ↗(1) The Minister may, by declaration in accordance with section 13, cancel the registration of a person under this Part according to the recommendation of the Commission made under section 47.
(2) The person whose registration has been cancelled shall cease the activity to which the registration applied until such time as the Commission, with the prior express direction of the Minister, has agreed to reregister the person.
Register of class licences
Open ↗The Commission shall maintain a separate register, which shall be made available to the public, of—
(a) all class licences;
(b) all declarations by the Minister varying or revoking conditions, or imposing other standard conditions as specified in the licence; and
(c) all written notices by the Minister cancelling any registration.
Register of registration notices
Open ↗The Commission shall maintain a register of all registration notices approved and registered under this Act, in accordance with Chapter 6 of Part V.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
