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LEGISLATIVE PROVISIONS
MCMC has the mandate to ensure network interoperability
and the safety of consumers. The Communications
and Multimedia Act 1998 (CMA 98) provides the legal
framework for these responsibilities.
Under section 182 of CMA 98, the use of any
technical equipment or systems which hinder network
interoperability is an offence. Additionally, under section
183 of CMA 98, the use of any technical equipment
or systems which compromise public safety is also an
offence.
To achieve these objectives MCMC may designate
an industry body to be a forum for technical standards
(section 184 of CMA 98). The technical codes prepared
by MCMC or the technical standards forum shall include
the requirements for network interoperability and safety
(section 185 of CMA 98) and MCMC may register certifying
agencies for the purpose of certifying compliance with
codes or standards (section 186 of CMA 98).
The Communications and Multimedia (Technical
Standards) Regulations 2000 (Technical Standards
Regulations) further define the legislative rules that
regulate the communications devices certification
programme. Under regulation 14 of Technical Standards
Regulations, all communications equipment are required
to be certified.
Regulation 22 (a) stipulates that a supplier of
communications equipment shall ensure that all certified
communications equipment bears a certification mark or
label approved by MCMC or a registered certifying agency,
to indicate that it complies with the standards.
Regulation 15 covers the design, installation, operation,
maintenance or modification of communications
equipment that are contrary to standards or likely to cause
interoperability, interference or affect safety. Regulation 16
prevents the use, offer for sale or sale of communications
equipment that are contrary to standards, not certified
or no longer complies with standards. Regulation 17
stipulates that the affixing of certification marks or
labels to non-certified communications equipment or any
misleading act is illegal.
There are penalties for non-compliance with the
Technical Standards Regulations. Offenders can be
fined RM100,000 and/or receive jail sentences of up to 6
months for breaches of regulations 16 and 17. A breach of
regulation 15 may result in a fine of RM300,000 and/or a
jail term of 3 years.
It is the responsibility of the manufacturer or importer
of the communications equipment or an authorised
agent of the manufacturer or importer to ensure that
their communications product is certified and carries the
MCMC certification label.
STANDARDS
Device certification starts with the standardisation
process. A certified device is usually verified to comply
with a standard or specification. Standards are the
applicable technical standards including processes and
procedures established for the purpose of ensuring the
safety, non-interference, performance and interoperability
of any communications equipment and network facilities.
Communication devices
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