Malaysian Communications and Multimedia Commission publishes Updated Licensing Guidebook
30 April 2025
The Malaysian Communications and Multimedia Commission (“MCMC”) has published the latest edition of its Licensing Guidebook on its official website (“Updated Guidebook”), updated as of 15th April 2025. Below is a summary of the key takeaways:
New Annexure for Provision of Satellite-Based Services
The Updated Guidebook includes a new Annexure 1 which states that applicants who wish to provide satellite-based services in Malaysia must: (i) hold the appropriate licences (which, depending on the business model, may include a Network Facilities Provider (“NFP”) individual licence, Network Service Provider (“NSP”) individual licence, and Applications Service Provider (“ASP”) class licence); and (ii) ensure the infrastructure involved in provisioning satellite-based services for customers in Malaysia (i.e. the earth stations and satellite hubs) are established in Malaysia.
Annexure 1 also outlines the following two scenarios as examples of permissible service deployment structures for satellite-based services:
| (i) |
“Satellite service provisioning via default scenario where end to end service provisioning is undertaken in Malaysia”; and |
| (ii) |
“Satellite service provisioning via foreign satellite, with the ground segment infrastructure (i.e., earth stations and satellite hubs) located in Malaysia.” |
Eligibility of Foreign Entities to Hold a Class Licence
The Updated Guidebook states that the Minister of Communications (“
Minister”) may, for good cause or as the public interest may require, permit foreign entities/individuals to be registered as class licensees, provided they fulfil any requirements set by the MCMC (the specific requirements that may be set are not specified). The Updated Guidebook advises foreign entities/individuals who are interested in a class licence to consult with the Licensing Department of the MCMC and also includes separate checklists for local and foreign class licence applicants (Annexures 8 and 9 respectively).
Pursuant to the Communications and Multimedia Licensing Regulations 2000 (“
Licensing Regulations”), the Minister has the power to permit foreign entities/individuals to be registered as class licensees. The inclusion of a new specific checklist for foreign class licence applicants and specific wording advising foreign entities/individuals who are interested in a class licence to consult with the Licensing Department of MCMC indicates that MCMC is now formally open to accepting applications from foreign entities/individuals for class licences.
Changes Reflecting the Recent Amendments to the Licensing Regulations
The Updated Guidebook reflects the recent amendments made to Licensing Regulations
1 which came into force on 15 April 2025:
- Individual Licence Duration & Fees - The Updated Guidebook now specifies the new duration of individual licences and the new fees payable upon approval of the licence.
- Additional Licensable Activities for Class Licences - In line with recent amendments to the Licensing Regulations, the Updated Guidebook now states that “internet messaging services” and “social media services” are licensable activities requiring an ASP class licence.
Class Licence Conditions
The Updated Guidebook now provides links to the standard conditions attached to each type of class licence.
Administrative/Procedural Changes
The Updated Guidebook also includes a number of procedural/administrative changes, as follows:
- Super Form – References to the “Super Form” under the Companies Act 2016 (“CA”) have been removed. Instead, the Updated Guidebook references the form under the specific sections of the CA.
- Renewal – In line with recent changes to our Communications and Multimedia Act 1998 (“CMA”) the Updated Guidebook states that individual licensee may apply for renewal of an individual licence no later than six months before its expiry. The Updated Guidebook also states that, whilst awaiting renewal, individual licensees are entitled to continue providing their facility or service as if the individual licence has not expired, upon providing proof to MCMC that they have submitted the renewal application, and that the application is pending determination by the Minister.
- Notification of non-renewal – The Updated Guidebook states that if the Minister has no intention of renewing an individual licence, MCMC will publish a notice specifying this, at least 30 days before the expiry of the individual licence, in at least one national language daily newspaper for at least three consecutive days.
- Assignment/transfer of individual licence – The transferor/assignor must ensure that it does not have any outstanding regulatory compliance issues (e.g., outstanding licence fees/ USP fund contribution, compounds/ enforcement action by MCMC) at the time it submits an application for assignment/transfer to the MCMC.
- Surrenders of individual licences – In the event an individual licensee intends to surrender its individual licence and such licence has been lost or destroyed, the licensee must lodge a police report of the loss or destruction and submit the police report to the MCMC to surrender the individual licence. Additionally, a board of directors’ resolution on the company’s decision to surrender the licence must be provided with the written notice of surrender.
The Updated Guidebook can be accessed
here.
For further information, please contact Charmayne Ong (Partner), Natalie Lim (Partner) and Jillian Chia (Partner) of the Technology, Media and Telecommunications Practice of Skrine.
1 See our Alert
here for details of the amendments.
This article/alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.