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The Communications and Multimedia Act 1998 establishes a framework for the economic
regulation of the communications and multimedia industry. The purpose of such a framework
is to promote consumer markets which offer choice, quality and affordability, any-to-any
connectivity, competition in markets and investments as well as innovation in the
sector.
The Act contains provisions on licensing, general competition practices and regulation
of access to services.
Competition Practices
The sections of the Communications and Multimedia Act 1998 dealing with general
competition practices prohibit:
- any conduct by any licensee which has
the purpose of substantially lessening competition in a communication market;
- arrangements and practices which provides
for rate fixing, market-sharing and boycott of a supplier or competitor; and
- mandatory tying or linking arrangements
regarding the provision or supply of products and services.
The Malaysian Communications and Multimedia
Commission has, to date, published guidelines which clarify the meaning of "substantial
lessening of competition" and "dominant position".
Access to Facilities
and Services
The purpose of an access regime is to ensure that all network facilities providers,
network service providers and applications service providers can gain access to the
necessary facilities and services on reasonable terms and conditions. This is to
encourage downstream activities to flourish, thus creating a more robust market environment,
one that is able to offer consumers more choice and value-for-money services.
To date, the Malaysian Communications and Multimedia Commission has determined an Access List which sets out the type of facilities and/or services subject to the access obligations
under the Communications and Multimedia Act 1998.
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