GUIDELINE FOR APPARATUS ASSIGNMENT - Part 4

5.2 THIRD PARTY AUTHORISATION 

Under  Section 167 (1), Act 588 of the CMA and  Regulation 25 of the Communications and Multimedia (Spectrum) Regulations 2000, provide that an apparatus assignment holder may authorise a third party to operate its network facility. 

5.2.1 Criteria for the third party authorisation. 

The criteria for the third party authorisation are specified below:

a)  The Apparatus Assignment holder must possess a valid Apparatus Assignment certificate; 

b)  The third party must possess a Network Facility Provider licence or is exempted from holding NFP licence as specified under Order 3 of  Communication and Multimedia (Licensing)(Exemption) Order 2000; 

c)  The third party never have had its third party authorization revoked in the last two years; and 

d)  The third party never had its apparatus assignment  revoked in the last two years. 

5.2.2 Processes 

In accordance with  Regulation 25(2), the AA holder shall notify the Commission in writing of its intention to authorize the third party and submit relevant documents specified in  paragraph 5.2.3 to SKMM not less than 

sixty (60) days before the authorization date. The AA holder is required to return the original AA to SKMM for variation. The process specified in paragraph 5.3 applies. A fee is payable by the AA holder for the variation 14 of the AA certificate. During this period, a certified true copy is required to be displayed at the site until the new AA is issue by SKMM.

5.2.3 Documents required 

The AA holder is required to submit documents specified below: 

a)  The agreement or authorisation between the AA holder and the third party which shall state the duration of the agreement or authorisation, undertaking by the third party to comply with the AA conditions, imposed by SKMM in paragraph 5.2.4; 

b)  A copy of the Network Facility Provider licence unless the third party is exempted from holding a NFP licence; 

c)  A declaration from the third party that never has had its apparatus assignment and/or its third party authorisation revoked within the last two years;  

d)  The original AA certificate; and 

e)  Any other information required by SKMM to be provided within the period specified.

5.2.4 Standard conditions for TPA 

The conditions to be imposed by SKMM under Regulation 25(1)(c) are as follows: 

a)  The third party undertakes to comply with the conditions of the apparatus assignment as if the third party were the apparatus assignment holder; 

b)  The grant of an authorisation by an apparatus assignment holder to a third party shall not prevent or preclude the apparatus assignment holder from using the assignment, simultaneously or otherwise, in accordance with the conditions of the apparatus assignment; 

c)  The third party authorised to operate the network facility shall retain a copy of the authorisation; 

d)  The apparatus assignment holder shall notify the authorised third party of any material matters affecting the assignment within fourteen days after the apparatus assignment holder is given notice of the matter; 

e)  The apparatus assignment holder shall be responsible for the conduct of the duly authorized third party; 

f)  The assignment holder shall revoke the third party authorisation if the third party fails to comply with the conditions of the AA; 

g)  The validity of the third party authorisation must be less or equal to the validity of the AA; 

h)  The third party undertakes to comply with the provisions of the Spectrum Regulations 2000; and 

i)  Any other conditions that SKMM may impose. 

5.2.5 Fee payable 

A fee of RM20 will be payable for the variation of the apparatus assignment. 

5.2.6 Issuance of Apparatus Assignment 

SKMM shall issue new AA certificate to the AA holder that shall incorporate the information on the third party authorisation and the conditions imposed by SKMM for the authorisation. 

5.3 Apparatus Assignment variation  

Apparatus assignment variation means the request by apparatus assignment holder to vary or change the existing apparatus assignment.  

Applicants can apply for variation of an apparatus assignment by sending a request in the form of a letter or using the standard application forms provided. The letter should clearly state the proposed variations as well as information such as name, address, contact number and current apparatus assignment number. 

All apparatus assignment variation can be made directly to SKMM Headquarters or any of its regional offices. However, apparatus assignment variation for licensee (apparatus used by licensee to provide service to the public) for example, cellular radio base stations, trunked radio base stations can be made only at SKMM Headquarters. Applicants are allowed to vary an apparatus assignment anytime during the validity period of the apparatus assignment.