Malaysian Communications And Multimedia Commission (MCMC) | Suruhanjaya Komunikasi dan Multimedia Malaysia (SKMM)

Clarification on the Implementation of Ministerial Direction
Access List 2009 and Mandatory Standard on Access 2009
Determination on Access List (1 of 2005) and MS on Access (2 of 2005)
Clarification on MS on Access and Registration of Access Agreements
Clarification on the Implementation of Mandatory Standard on Access Pricing 2012

Who is required to provide the facilities and services on the Access List?
Access List Items : Who is required to provide the facilities and services on the Access List Determination?
Access Reference Document (ARD) : Should companies in the same Group prepare separate ARD or only one to represent the Group?
What is the effective date of the new price?
1.Can the pricing for Transmission Service include a tail and port?
2.Can an Access Provider impose installation charges for Transmission Service on a commercial basis as it is not specified in the Mandatory Standard on Access Pricing?
Which services are covered by the Ministerial Direction?
Who should sign the Access Agreement : Should separate Access Agreements be signed with separate entities from the same Group?
What triggers an Access Provider’s obligation to provide the facilities and services on the Access List Determination?
What triggers an Access Provider’s obligation to provide the facilities and services on the Access List?
Who has rights to seek access to the facilities and services on the Access List?
Who has rights to seek access to the facilities and services on the Access List Determination?
Can one licensed entity be appointed to sign an Access Agreement on behalf of the other licensed entities within the same group of companies?
Is the price applicable to message communications?
3.What does the port charge per year for Wholesale Local Leased Circuit Service mean?
4.What is the difference between the price bands for “Through-connection” and “Above 0 to 5 km” for Transmission Service and Wholesale Local Leased Circuit Service?
Will the 5 sen per minute rate apply to Fixed Origination/Termination for local, single tandem, double tandem and double tandem with submarine cable?
Registration of Access Agreement : Should Interconnect Agreements (ICA) which are not based on the Access Regime under the Communications and Multimedia Act 1998 (CMA) be registered?
Are Access Providers obliged to provide all forms of Access to Network Elements?
Can Access Seekers separately acquire domestic connectivity services to connect to submarine cables and satellite earth stations?
What are the services in the Access List which may be relevant to the CASPs?
What is the difference between Bitstream with Network Service and the Bistream without Network Service?
Who should register the Access Agreements?
Will the 5 sen per minute rate apply to Mobile Origination/Termination for local, national and national with submarine cable?
5.Can we clarify on the pricing of Interconnect Link Service?
Should the rate of 5 sen per minute be applied on a weighted average basis?
When is the Final Date of submission to the MCMC for the purpose of registration?
How are the Bitstream Services different from DSL Resale Service?
What are the services in the Access List Determination which may be relevant to the ISPs?
Does the Digital Terrestrial Broadcasting Multiplexing Service support television and radio, or only television?
Can Access Seekers separately acquire domestic connectivity services to connect to submarine cables and satellite earth stations?
What alternative action does Access Seekers have if the Access Agreement could not be concluded before 30 April 2004 due to non compliance with the MSA and unreasonable terms?
Can the service providers negotiate and agree on a different rate?
What about prices of other services previously regulated by the Mandatory Standard on Access Pricing (MSAP)?
Non-Discriminatory and Non-Access List Items : Can Access Agreements which contain non-Access List items be registered?
What are the services in the Access List Determination which may be relevant to the CASPs?
Can wireless broadband operators (‘last milers’) acquire a service to connect their base stations to one central location?
Is Interconnect Link Service meant only for in-span interconnection?
What are the services in the Access List Determination which may be relevant to the IASPs?
Is an Access Provider or an Access Seeker permitted to exclude the obligation for equitable and non-discrimination provisions under section 149 (2) (b) of the CMAfor facilities and services not on the Access List?
How does the MCMC view the equitable and non-discriminatory provision of Access pursuant to section 149 (2) (b) of the CMA?
Does the DTB Multiplexing Service support television and radio, or only television?
Are Freephone 1800 number services and 1300 number services and other similar services included under the Fixed Network Origination Service?
Can VoIP operators obtain access and interconnection with the fixed and mobile networks?
Can wireless broadband operators (‘last milers’) acquire a service to connect their base stations to one central location?
Definition of Services in the Access List and Charging Principle : What is the definition of "end user" as used in defining Private Circuit Completion Service [section 5 (7)(a)] of the Access List?
Does the Access List limit an Access Seeker from providing the PCCS to third parties licensed to provide communications services?
Is Interconnect Link Service meant only for in-span interconnection?
What is the charging principle for Freephone 1800 and 1300 number services?
What price will VoIP operators pay for access to the fixed and mobile networks?
Are Freephone 1800 number services and 1300 number services and other similar services included under the Fixed Network Origination Service?
Are Freephone 1800 number services and 1300 number services and other similar services included under the Fixed Network Origination Service?
What is the charging principle for Freephone 1800 number services and 1300 number services?
What is the charging principle for Freephone 1800 and 1300 number services and Equal Access (PSTN) Service?
What is the definition of "end user" as used in defining Private Circuit Completion Service and Wholesale Local Leased Circuit Service in paragraphs 6(7) and 6(7A) respectively of the Access List?
Does the Access List limit an Access Seeker from providing the Private Circuit Completion Service and Wholesale Local Leased Circuit Service to third parties licensed to provide communications services?
Can VoIP operators obtain access and interconnection with the fixed and mobile networks?
Are Emergency, Operator Assisted (including Reverse Charge Call), International Inbound, Network Call Transit and Directory Assistance services considered as Access List items?
Are Emergency, Operator Assisted (including Reverse Charge Call) and Directory Assistance services considered as fixed network termination service?
What price will VoIP operators pay for access to the fixed and mobile networks?
In relation to Network Co-Location and Infrastructure Sharing:
Can a 2G Operator that is not providing 3G services decline to provide access to 3G-2G Inter-Operator Roaming Service on the ground that it is not providing the service to itself?
Can an Access Provider refuse to negotiate with an Access Seeker on the grounds that the Access Provider’s new Access Agreement submitted to the Commission has yet to be registered?
What is the charging principle used in Emergency, Operator Assisted and Directory Assistance services?
Is the provision of equal access service prohibited within a Closed Number Area?
What is the definition of "end user" as used in defining Private Circuit Completion Service paragraph 6 (7) of the Access List?
Are Access Providers obliged to provide Full Access Service, Line Sharing Service and Sub-loop Service?
Are Access Providers obliged to provide Full Access Service, Line Sharing Service and Sub-loop Service during the transitional period in the areas where HSBB Network will be deployed?
Does the Access List limit an Access Seeker from providing the PCCS to third parties licensed to provide communications services?
Forecasting, Ordering and Provisioning : Can an Access Provider require a compensation formula for cancelled orders and over forecasting or impose a penalty clause for early cancellation.
Can an Access Provider impose minimum charges over and above mitigation and resource charges as part of the penalty for cancellation orders?
In relation to Network Co-Location and Infrastructure Sharing:
What is the difference between Bitstream with Network Service and the Bistream without Network Service?
How are the Bitstream Services different from Digital Subscriber Line Resale Service?
Can a 2G Operator that is not providing 3G services decline to provide access to 3G-2G Inter-Operator Roaming Service on the ground that it is not providing the service to itself?
Can an Access Provider impose a non refundable processing fee upon submission of a new service requested by the Access Seeker during the forecast submission?
Can forecast be requested for a period beyond one year?
Are the following instruments still valid?
Are Bitstream Services and Digital Subscriber Line Resale Service made available during the transitional period in areas where HSBB Network will be deployed?
What happens to Bitstream Services and Digital Subscriber Line Resale Service once the HSBB Network is deployed in the area?
Access Reference Documents (ARDs) : Who has the obligation to prepare ARDs?
Once forecast is confirmed by both parties, can the Access Provider insist that the Access Seeker pay the Access Provider in advance for the services forecasted irrespective of use?
Can parties agree that in cases of constrained capacity, the Access Seeker shall be allowed to take up capacity unwanted by another Access Seeker?
Should companies in the same Group prepare separate ARD or only one to represent the Group?
What is the difference between HSBB Network Service with QoS and HSBB Network Service without QoS?
What is the difference between HSBB Network Services and Bitstream Services?
Can the ARDs be prepared on a staggered basis? What is the timeframe for the preparation of the ARDs?
Are parties to the agreement required to provide queuing policies?
Termination and Suspension : Must approval be sought prior to any termination and/or suspension of an Access Agreement by an Access Provider?
Are NFPs and NSPs required to include the following services in their ARDs: DTB Multiplexing Service, Inter-Operator MNP Service, Full Access Service, Line Sharing Service and Sub-Loop Service?
How is it possible for an Access Seeker to provide a naked DSL service to its customers?
What is the difference between Wholesale Local Leased Circuit Service and Private Circuit Completion Service?
When must a new NFP and NSP licensee who provides facilities and services listed on the Access List prepare an ARD?
Can the Access Provider still charge the fixed charges even after suspension of a service?
Can the Access Provider outright terminate an Access Agreement prior to the MCMC’ approval after notifying MCMC of the intention to terminate the agreement with the Access Seeker?
Access Agreements : With the coming into force of Access List Determination and MSA:
What is the difference between Domestic Network Transmission Service, Broadcasting Transmission Service, the backhaul transmission service of Domestic Connectivity to International Services with Transmission Service?
What is the effect of the removal of Equal Access (PSTN) Service, Internet Access Call Origination Service, Inter-Operator Mobile Number Portability Support Services and Network Signalling Service from the Access List?
For commercial agreements signed prior to 1st July 2005:
Must the Access Provider refund any sum to the Access Seeker on any payment made in advance if the Access Agreement is terminated with MCMC approval?
Confidentiality Information : Can an Access Seeker impose an obligation to an Access Provider to maintain confidentiality of the Access Seeker’s customers’ information?
Could unregistered access agreements be enforced under section 150(2) of the CMA 1998?
Are 3G-2G Domestic Inter-Operator Roaming Service and Internet Interconnection Service still on the Access List?
Are the following instruments still valid?
What is the timeline for negotiation for the Access Agreements?
Invoice Settlement : In the event of non-payment by an Access Seeker, can service tax be offset or deducted from the invoice?
Security Requirement : Is security deposit a necessary requirement under the MSA?
When must a new NFP and NSP licensee who provides facilities and services listed on the Access List execute their Access Agreements?
Access Reference Documents (ARDs) : What are ARDs?
What rates are applicable for each of the facilities and services in the ARD?
Should separate Access Agreements be signed with separate entities from the same Group?
Is the Access Provider allowed to deduct the security deposit sum if the Access Seeker fails to meet payment apart from liquidation?
Technical Standard : Is there a need to incorporate adherence by Access Provider to Determination No. 4 2003 on Quality of Services on digital lease lines services in the Access Agreement?
Can one licensed entity be appointed to sign an Access Agreement on behalf of the other licensed entities within the same group of companies?
Who has the obligation to prepare ARDs?
Should companies in the same Group prepare separate ARD or only one to represent the Group?
Who should register the Access Agreements?
Mandatory Standards On Access Pricing : Is cost based pricing still applicable to services listed in the Mandatory Standards on Access Pricing?
Who is eligible for Access Prices?
Can Access Agreements which contain non-Access List items be registered?
Can the ARDs be prepared on a staggered basis? What is the timeframe for the preparation of the ARDs?
Are NFPs and NSPs required to include the following services in their ARDs: Digital Terrestrial Broadcasting Multiplexing Service, HSBB Network Service with QoS and HSBB Network Service without QoS?
Is it a pre-requisite for an Access Seeker to have a prior approval from the Commission for number allocation and spectrum assignment for an access negotiation to commence?
Non-Discrimination Provisions : Is an Access Provider or an Access Seeker permitted to exclude the obligation for equitable and non-discrimination provisions under section 149 (2) (b) of the CMA for facilities and services not on the Access List?
When must a new NFP and NSP licensee who provides facilities and services listed on the Access List prepare an ARD?
Access Agreements : With the coming into force of Variation to Access List 2009 and Variation to the MSA 2009 on 2 February 2009:
How does the MCMC view the equitable and non-discriminatory provision of Access pursuant to section 149 (2) (b) of the CMA?
Forecasting, Ordering and Provisioning : Can an Access Provider require a compensation formula for cancelled orders and over forecasting or impose a penalty clause for early cancellation?
For commercial agreements signed prior to 2 February 2009:
Could unregistered access agreements be enforced under section 150(2) of the CMA 1998?
Can an Access Provider impose minimum charges over and above mitigation and resource charges as part of the penalty for cancellation orders?
Can forecast be requested for a period beyond one year?
What is the timeline for negotiation for the Access Agreements?
When must a new NFP and NSP licensee who provides facilities and services listed on the Access List execute their Access Agreements?
Once forecast is confirmed by both parties, can the Access Provider insist that the Access Seeker pay the Access Provider in advance for the services forecasted irrespective of use?
Can parties agree that in cases of constrained capacity, the Access Seeker shall be allowed to take up capacity unwanted by another Access Seeker?
Should separate Access Agreements be signed with separate entities from the same Group?
Can one licensed entity be appointed to sign an Access Agreement on behalf of the other licensed entities within the same group of companies?
Are parties to the agreement required to provide queuing policies?
Termination and Suspension : Must approval be sought prior to any termination and/or suspension of an Access Agreement by an Access Provider?
Who should register the Access Agreements?
Can Access Agreements which contain non-Access List items be registered?
Can the Access Provider still charge the fixed charges even after suspension of a service?
Can the Access Provider outright terminate an Access Agreement prior to the MCMC’ approval after notifying MCMC of the intention to terminate the agreement with the Access Seeker?
Is it a pre-requisite for an Access Seeker to have a prior approval from the SKMM for number allocation and spectrum assignment for an access negotiation to commence?
Can an Access Provider refuse to negotiate with an Access Seeker on the grounds that the Access Provider’s new Access Agreement submitted to the SKMM has yet to be registered?
Must the Access Provider refund any sum to the Access Seeker on any payment made in advance if the Access Agreement is terminated with MCMC approval?
Confidentiality Information : Can an Access Seeker impose an obligation to an Access Provider to maintain confidentiality of the Access Seeker’s customers’ information?
Non-Discrimination Provisions : Is an Access Provider or an Access Seeker permitted to exclude the obligation for equitable and non-discrimination provisions under section 149 (2)(b) of the CMA for facilities and services not on the Access List?
How does the SKMM view the equitable and non-discriminatory provision of Access pursuant to section 149 (2) (b) of the CMA?
Invoice Settlement : In the event of non-payment by an Access Seeker, can service tax be offset or deducted from the invoice?
Security Requirement : Is security deposit a necessary requirement under the MSA?
Forecasting, Ordering and Provisioning : Can an Access Provider require a compensation formula for cancelled orders and over forecasting or impose a penalty clause for early cancellation?
Can an Access Provider impose minimum charges over and above mitigation and resource charges as part of the penalty for cancellation orders?
Is the Access Provider allowed to deduct the security deposit sum if the Access Seeker fails to meet payment apart from liquidation?
Fast Track Process : What is the Fast Track Application Process (FTAP)?
Can an Access Provider impose a non refundable processing fee upon submission of a new service requested by the Access Seeker during the forecast submission?
Can forecast be requested for a period beyond one year?
Once forecast is confirmed by both parties, can the Access Provider insist that the Access Seeker pay the Access Provider in advance for the services forecasted irrespective of use?
Can parties agree that in cases of constrained capacity, the Access Seeker shall be allowed to take up capacity unwanted by another Access Seeker?
Are parties to the agreement required to provide queuing policies?
Network Conditioning Obligations : Should the Access Provider activate the code or number range for the Access Seeker where the code or number range is not allocated to the Access Seeker, such as due to number portability or where the number is allocated to a MVNO?
Termination and Suspension : Must approval be sought prior to any termination and/or suspension of an Access Agreement by an Access Provider?
Can the Access Provider still charge the fixed charges even after suspension of a service?
Can the Access Provider outright terminate an Access Agreement prior to the SKMM’ approval after notifying SKMM of the intention to terminate the agreement with the Access Seeker?
Must the Access Provider refund any sum to the Access Seeker on any payment made in advance if the Access Agreement is terminated with SKMM approval?
Confidentiality Information : Can an Access Seeker impose an obligation to an Access Provider to maintain confidentiality of the Access Seeker’s customers’ information?
Invoice Settlement : In the event of non-payment by an Access Seeker, can service tax be offset or deducted from the invoice?
Security Requirement : Is security deposit a necessary requirement under the MSA?
Is the Access Provider allowed to deduct the security deposit sum if the Access Seeker fails to meet payment apart from liquidation?
Fast Track Process : What is the Fast Track Application Process (FTAP)?

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Related Content

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