This Access Reference is made by ABTN Sdn Bhd (Company No: 190730-W), a company incorporated under the laws of Malaysia and having its registered office at Aras B-01, Wisma YPJ Holdings, No 5, Jalan Sri Perkasa 1/3, Taman Tampoi Utama, 81200 Johor Bahru, Johor Darul Takzim on 30th June 2017 pursuant to section 5.3.3 of the Commission Determination on the Mandatory Standard on Access, Determination No. 3 of 2016, which came into effect on 1st January 2017 (“MSA Determinations”) .
Pursuant to Commission Determination on the Access List, Determination No. 2 of 2015 which came into effect 1st September 2015 and pursuant to section 5.3.3 of the MSA Determination, ABTN Sdn Bhd (“ABTN”) is pleased to prepare and maintain an Reference Access Offer ("RAO”) in relation to network facilities or network services on the Access List Determination which ABTN provides to itself or third parties and which: (a) contains terms and conditions which are consistent with the rights and obligations set out in the MSA Determination; and (b) does not include terms and conditions which are inconsistent with the rights and obligations set out in the MSA Determination.
This RAO is set out as follows:
Following the issuance of the Ministerial Direction on Access Pricing, Direction No. 1 of 2005 and Commission Determination on the Mandatory Standard on Access, Determination No. 1 of 2017 and in exercise of the powers conferred by sections 55, 56, 104(2) and 106 of the Act, the Malaysian Communications and Multimedia Commission (“Commission”) issued the MSA Determination which came into operation on 1 January 2018.
MSA Determination Obligations
The MSA Determination deals with access to network
facilities and network services listed in the Access List
Determination and sets out obligations that apply to
Operators concerning various access issues which include:
The role of Standard Access Obligations
Pursuant to sections 55 and 145 of the Act, the Commission may determine the list of network facilities and network services, which may be listed in the access list. Accordingly, the Commission has issued the Access List Determination. Pursuant to section 149 of the Act, an Access Provider is required to comply with the standard access obligations in providing the network facilities and network services that are listed in the Access List Determination.
The standard access obligations facilitate the provision of access to the network facilities and network services listed in the Access List Determination by Access Seekers in order that Access Providers can provide network facilities, network services, and other facilities and/or services which facilitate the provision of network services or applications services, including content applications services.
Section 149 of the Act specifies the terms and conditions
upon which the Access Provider must comply with the standard
access obligations. Section 149(2) provides that the access
provided by the Access Provider shall be:
The paraphrasing of any statutory provisions in this ABTN’s RAO does not amount to any party agreeing to waive any of their rights under the paraphrased provisions and those statutory provisions continue to apply in full.
ABTN is a licensed individual network facilities and network services provider under the Act. Pursuant to these licenses.
Pursuant to Section 5.3.3 of the MSA Determination, ABTN is obliged to prepare and maintain an RAO in relation to network facilities or network services on the Access List Determination which ABTN provides to itself or third parties.
Where relevant, the rights and obligations set out in the MSA Determination shall be applicable to ABTN’s RAO.
ABTN considers ABTN’s RAO to be consistent with:
For the purposes of clarification, the terms and conditions of ABTN’s RAO is applicable to the Facilities or Services and which is relevant to the provisioning of facilities and services within ABTN’s licenses only. If the Access Seeker requests network facilities or network services outside ABTN’s RAO, the terms and conditions for the provision of such network facilities or network services shall remain outside the scope of ABTN’s RAO.
If an Access Seeker requests ABTN to provide it with
Facilities or Services other than on the terms and
conditions contained in ABTN’s RAO, ABTN and the Access
ABTN’s RAO contains terms and conditions for the following
facilities and services which ABTN may offer singly or
simultaneously at any one time:
In addition, the Operators are free to consider ABTN’s RAO when negotiating the terms and conditions for the supply of other network facilities or network services that are not listed in the Access List Determination.
Commencement and Duration of ABTN’s RAO
ABTN’s RAO comes into force and takes effect immediately
from the date referred to in Section 1.1 and continues until
the earlier to occur of:
ABTN’s RAO has no effect on contractual arrangements for the supply of Facilities and Services by ABTN to an Access Seeker prior to the Commencement Date unless such contractual arrangement is subsequently renegotiated and agreed between the Operators.
Amendment to ABTN ’s RAO
ABTN shall, no less than twenty (20) Business Days of making
any amendment to ABTN’s RAO, provide a copy of the
amendments, or an amended copy of ABTN’s RAO to:
Notice of Withdrawal, Replacement and Variation of ABTN ’s RAO
If subject to Section 56 of the Act, the Commission revokes, varies or replaces the Access List Determination relating to the Facilities or Services, ABTN may, by giving written notice to all Access Seekers to whom it is supplying Facilities or Services under ABTN’s RAO, withdraw or replace ABTN’s RAO with effect from a date no earlier than the effective date of the Commission’s revocation.
ABTN shall comply with Sections 6.4.2 and 6.4.3 of the MSA Determination where it withdraws or varies ABTN’s RAO pursuant to Section 126.96.36.199.
In addition to Section 188.8.131.52 above, ABTN may give the
Access Seekers to whom it is supplying Facilities and
Services under ABTN’s RAO a notice of a variation or
replacement of ABTN’s RAO to affect such variations that are
necessary or appropriate in the event of:
Notwithstanding Sections 184.108.40.206, 220.127.116.11 and 18.104.22.168 above, ABTN may subject to Section 1.5.2 above, replace ABTN’s RAO at any time.
Subject to Section 22.214.171.124, ABTN’s RAO shall be made
available to an Access Seeker:
Prior to the provision of ABTN’s RAO to the Access Seeker, the Access Seeker shall be required to enter into a confidentiality agreement with the Access Provider.
The following words have these meanings in this ABTN RAO unless the contrary intention appears: -“Act” means the Communications and Multimedia Act 1998.
“Access Agreement” or “AA” means an Access Agreement executed between Access Seeker and Access Provider for ABTN to provide requested Facilities and/or Services subject upon commercially negotiated terms and conditions and in accordance with the terms therein contained and registered with the Commission in accordance with Section 150 of the Act.; or
“Access List Determination” means Commission Determination on Access List, Determination No.2 of 2015 which contains List of Facilities and Services determined by the Commission under Chapter 3 of Part VI of the Act.
“RAO Term” means the period of three (3) years commencing from the date set out in Section 1.1.1 or such other period as may be specified by ABTN from time to time.
“Access Request” means a request made by the Access Seeker to ABTN for access to Facilities or Services and containing the information in Section 4.1.3.
“Access Seeker” means an Operator who:
“Access Service” means a service for the carriage of agreed Communication along ABTN’s Facilities and Services between the POIs/POPs.
“Bank Guarantee” means a guarantee, executed in favour of ABTN by a licensed bank in Malaysia approved by the ABTN pursuant to Section 4.3 on behalf of the Access Seeker.
“Billing Dispute” means the dispute of an invoice prepared by an Operator to the Other Operator which is made in good faith.
“Billing Period” means one (1) calendar month period over which the supply of Facilities and/or Services is measured for the purposes of billing unless otherwise agreed between the Operators.
“Business Day” means a day on which banks are open for general banking business in Kuala Lumpur, Wilayah Persekutuan, other than a Saturday and Sunday or a public holiday.
“Charges” means the sums payable by the Access Seeker to ABTN for accessing and/or being provided the Facilities and/or Services.
“Commencement Date” means the date on which the Operators enter into the Access Agreement or such other date as agreed between the Operators.
“Commission” means the Malaysian Communications and Multimedia Commission established under the Malaysian Communications and Multimedia Commission Act 1998.
“Communication” means any communication, whether between persons and persons, things and things, or persons and things in the form of sound, data, text, visual images, signals, or any other form or any combination of those forms and, where the context permits, includes and attempt to establish a communication.
“Communications Service” means the network facilities, network services, application services and/or content application services provided by the Operator, as the case may be, pursuant to its License(s).
“Confidentiality Agreement” means a Confidentiality agreement entered into between ABTN and the Access Seeker in accordance with Section 5.3.8 of the MSA Determination.
“Creditworthiness Information” means the information required by ABTN to assess the creditworthiness of the Access Seeker which are more particularly described in Section 4.2 of ABTN’s RAO and such other information as may be required from time to time.
“Customer” means in relation to an Operator, a person having a contractual relationship with the Operator for the provision of Communications Services.
“Determination” means any lawful determination made by the Commission and/or the Minister, pursuant to Chapter 2 of Part V of the Act.
“Direction” means any lawful direction made by the Commission pursuant to Chapter 1 of Part V of the Act.
“Effective Date” means the date on which the relevant portions of the Access Agreement requiring registration is duly registered with the Commission under Section 150 of the Act in its entirety (and such registration is notified by the Commission in writing to either of the Operators);
“End to End Transmission Services” has the meaning as described in paragraph 4(22) of the Access List Determination.
“Equipment” means any equipment (whether hardware or software), or device which is part of or within the Network.
“Facilities” means network facilities and/or other facilities which facilitate the provision of network services or applications services including content applications services which are listed in the Access List Determination and offered in ABTN’s RAO.
“Facilities Access” in relation to Facilities, means a service for the provision of access to network facilities and/or premises.
“ABTN” means ABTN Sendirian Berhad and in ABTN’s RAO, is the Access Provider unless otherwise stated.
“Instrument” means any lawful instrument which is issued by the Commission pursuant to the Act;
“Insurance Information” means the insurance information required by ABTN pursuant to Section 4.4.
“Interconnect Link” means a physical link connecting the Networks of two Operators
“Interconnection” means interconnection of the Operators’ Networks; for the purposes of ABTN providing Access Services to the Access Seeker in relation to a Communication via a POI/POP and using agreed interfaces and signaling systems.
“Interconnect Steering Group” or “ISG” means the inter-operator relations group established by the Operators.
“Invoice” means the invoice for amounts due in respect of the supply of requested Facilities or Services during a Billing Period.
“Legislative Event” means:
“License” means an individual license granted by the Minister pursuant to the Act for Communication Services.
“Manuals” means the Technical and Implementation Manual, the Operations and Maintenance Manual and other manuals which the Operators establish pursuant to the Access Agreement.
“Minimum Value” for the purposes of calculating the Security Sum means the total estimated value of access to the requested Facilities and Services provided (based on the most recent amounts invoiced for those requested Facilities and Services) or new facilities and/or services to be provided by ABTN to the Access Seeker for a ninety (90) day period.
“Minister” means the Minister of Communications and Multimedia or, if different, the Minister administering the Act.
“Model Access Agreement” means an agreement entered into pursuant to an Access Request made in accordance with Sections 4.1 to 4.9 (also referred to as “Access Agreement Template” or “AAT”) which contains the terms and conditions based on ABTN’s RAO.
“Network” means network facilities and/or network services comprising a system, or a series of systems within Malaysia, that carries or is capable of carrying communications by means of guided or unguided electromagnetic energy or both. In relation to an Operator, mean so much of the network as is owned and operated by the Operator.
“Network Capacity” means equipment and facilities required to be installed in ABTN’s Network for use in the provision of one or more Access Services but does not include Interconnect Link.
“Network Conditioning” means the conditioning, equipping and installation of facilities at ABTN’s network to enable the provision of one or more Access Services.
“Operators” means ABTN and the Access Seeker collectively.
“Other Operator” means either
“Point of Interconnect” or “POI” means any technically feasible point which demarcates the Network of ABTN and the Network of the Access Seeker collectively referred to as the “interconnecting networks”) and is a point at which a Communication is transferred between the interconnecting networks.
“Point of Presence” or “POP” means a point at which an Access Seeker has established itself for the purposes of obtaining access to Facilities or Services and is the point at which Communication is transferred between the Operators.
“Regulatory Event” means:
“Review” means a review of the MSA Determination and/or a review of the Mandatory Standard on Access Pricing.
“RM” means Ringgit Malaysia which shall be the monetary currency used in ABTN’ RAO unless otherwise provided.
“Security Sum” means the security:
“Services” means network services and/or other services which facilitate the provision of network services or applications services, including content applications services which are listed in the Access List Determination and offered in ABTN’s RAO.
“Service Ordering Procedures” means the procedures governing the forecasting, planning and ordering of relevant Facilities and Services as set out in the relevant Manuals.
“Standard Access Obligations” or “SAO” has the meaning prescribed in Section 149 of the Act.
“Technical Specifications” means any technical parameters, specifications and procedures applicable to Interconnection of the Operators’ Network and provision of Access Services documented in this RAO or any manuals referred to in the Access Agreement.
In ABTN’s RAO except where the contrary intention appears;
ABTN’s RAO sets out the terms and conditions upon which Access Seekers may access ABTN’s Facilities and/or Services.
Subject to Section 1.3.6, ABTN’s RAO applies only to the Facilities and/or Services.
The general terms for access to ABTN’s Facilities and Services listed in the Access List Determination are set out in the General Terms and Conditions of the Access Agreement Template.
The obligations on forecast, ordering and provisioning for ABTNs’ Facilities and Services listed in the Access List Determination are set out in Schedule A of the Access Agreement Template
The obligations on technical and network operational matters for ABTN’s Facilities and Services listed in the Access List Determination are set out in Schedule C of the Access Agreement Template.
The Annexures to the RAO are set out as follows:
ABTN may at its discretion and in a manner consistent with the License(s) granted (and the license rights accorded therein) by the Minister to the Access Seeker, determine on a case by case basis whether to provide the Access Seeker with access to Facilities and/or Services.
Consistent with Government policy and Determinations by the Commission (and its predecessor), an Access Seeker may only request for access to any or all of the Facilities and/or Services where the Access Seeker has been granted (i) an individual network facilities provider license and (ii) an individual network services provider license and (iii) an individual content applications services provider license, and such individual licenses are not limited or restricted from those detailed in the Communications and Multimedia (Licensing) Regulations 2000, as amended in any way:
An Access Seeker may not request for access to the Facilities and/or Services where the requested Facilities or Services are to be used in connection with an activity or activities in which the Access Seeker is not licensed to provide.
Consistent with Government policy and Determinations by the Commissions (and its predecessor), where ABTN provides the Access Seeker with access to the Facilities or Services pursuant to Section 3.2.1, the charges for the requested Facilities or Services shall be negotiated between the Operators subject to any mandatory standard on access pricing determined by the Commission.
Access Terms and Conditions
Subject to Sections 3.2, ABTN shall if requested to do so by an Access Seeker, supply a Facility and/or Services to the Access Seeker on nondiscriminatory basis subject to the reasonably and commercially negotiated terms and conditions.
Each party shall use all reasonable endeavours to resolve any disputes arising from or in connection with ABTN’s RAO.
If any disputes or difference of any kind shall arise between the parties in connection with or arising out of ABTN’s RAO, the Dispute Resolution Procedure in Annexure A of the MSA Determination shall be adhered to.
An Operator must protect from disclosure any confidentiality information provided by another Operator given in the course of negotiating an Access Agreement or during the term of ABTN’s RAO in accordance with the Confidentiality Agreement signed between the parties.
Where an Access Seeker makes a request to ABTN to supply Facilities or Services, the Access Seeker shall serve an Access Request on ABTN.
The purpose of such Access Request is to provide ABTN with sufficient information to assess the Access Seeker’s request for the supply of Facilities or Services under ABTN’s RAO.
The Access Request must:
The Creditworthiness Information that is required to accompany an Access Request include but shall not be limited to:
The Creditworthiness information shall commensurate with an estimated value of the access to the Facilities or Services to be provided by ABTN to the Access Seeker over a ninety (90) day period.
An Access Request shall be accompanied by a Security Sum. The security that may be given by the Access Seeker shall be in the form of a Bank Guarantee.
Subject to Section 4.4.2, An Access Request shall be accompanied by the following insurances:
For the purpose of clarification, the insurance provided by the Access Seeker pursuant to section 4.4.1 shall commensurate with the reasonable sum, which is to be agreed by ABTN
Acknowledgement of Receipt of Access Request
Subject to the additional information being received by ABTN within twenty (20) Business days from the date of request, ABTN shall reconsider the Access Request in accordance with this Section 4.5.1 upon receipt of such additional information.
In accordance with Section 5.7.28 of the MSA Determination ABTN may charge an Access Seeker a one-off non-refundable resources charge (including processing fees and additional and non-routine processing fees) to be determined by reference to the costs incurred by ABTN for the allocation of manpower and other resources to enable the Access Seeker to test and provide new Facilities and Services for the purposes of interconnection.
The one–off non-refundable resource charge shall also be inclusive of a non- refundable processing fee for undertaking the necessary administrative work to process the Access Request as ABTN is required to allocate manpower and resources for the same. Such non-refundable processing fee is only applicable to requested Facilities and Services that can be offered and made available by ABTN. The non-refundable processing fees for the respective Facilities and Services will be mutually agreed by the Operators from time to time. Notwithstanding the foregoing, in the event that additional and non- routine administrative work is required to process the Access Request where there is sufficient and/or erroneous information provided by the Access Seeker or where the Access Seeker varies or changes the information provided, ABTN shall be entitled to charge additional and non-routine processing fee for undertaking such additional and non-routine work as additional resources are required to do the same.
If the Access Seeker does not proceed with the Access Request accepted by ABTN, the processing fees will not be refunded to the Access seeker. However, if the Access Seeker proceeds with the Access Request accepted by ABTN, the processing fee will be set-off against the Charges for the requested Facilities and Services after acceptance of the Access Request by ABTN
Reason for Refusal
Determination of technical infeasibility
Determination of capacity constraints
Assessment of the Access Seeker’s ability to pay for supply
of relevant Facilities or Services listed in the Access List
Assessment of the Access Seeker’s ability to comply with terms and conditions applicable to the supply of relevant Facilities or Services listed in the Access List Determination.
Example of reasonable grounds for ABTN’s belief as mentioned in Section 4.6.1 (g) include repeated failures by the Access Seeker to comply with the terms and conditions on which the same or similar access to Facilities or Services have been provided (whether or not by ABTN).
Assessment of Creditworthiness
In determining the creditworthiness of the Access Seeker, ABTN may have registered to, but is not limited to the matters referred to in Section 4.2.
In determining the creditworthiness of the Access Seeker, ABTN shall not take into account amounts outstanding for Facilities or Services previously provided by ABTN to the Access Seeker where, in accordance with the terms and conditions governing the provision of such Facility or Service, the Access Seeker is not required to pay such amounts to ABTN to the extent that there is a bona fide dispute in relation to the amounts outstanding by the Access Seeker to ABTN and the Access Seeker is relying on such terms and conditions as basis for its non-payment.
Where ABTN rejects the Access Request, ABTN shall:
Where the Operators are unable to resolve their differences following the meeting held pursuant to Section 4.7(d), either Operator may request resolution of the dispute in accordance with dispute resolution procedures in Annexure A of the MSA Determination.
Where ABTN agrees to provide access to Facilities or Services to the Access Seeker in accordance with ABTN’s RAO, ABTN shall within ten (10) Business Days of such response under Section 4.5.1(b), provide the Access Seeker with two copies of the executed Model Access Agreement, for execution by the Access Seeker and one (1) copy of the executed confidentiality agreement returned by Access Seeker.
Where the Access Seeker wish to negotiate an Access Agreement, the Operators shall comply with the requirements in Sections 5.4.1, 5.4.2, 5.4.3, and 5.4.4 of the MSA Determination in negotiating and concluding an Access Agreement.
ABTN will not be taken to have agreed to provide, and the Access Seeker will not be taken to have agreed to acquire the requested Facility or Service until:
Pursuant to Section 4.8.2, where the Access Seeker wish to negotiate an Access Agreement, ABTN will set out in its response to the Access Seeker:
ABTN will not be taken to have agreed to provide, and the Access Seeker will not be taken to have agreed to acquire the requested Facility or Service until a Model Access Agreement has been executed between the Operators and the Model Access Agreement is registered with the Commission in accordance with section 150 of the Act.
Any communications in respect of ABTN’s RAO should be made in writing to:
Fixed Network Origination Service
The prices below for Fixed Network Origination Service shall be applied for the carriage of voice communications only.
Fixed Network Termination Service
The prices below for Fixed Network Termination Service shall be applied for the carriage of voice communications only.
Mobile Network Origination Service
The prices below for Mobile Network Origination Service shall be applied for the carriage of voice communications only.
Mobile Network Termination Service
The prices below for Mobile Network Termination Service shall be applied for the carriage of voice communications only.
Interconnect Link Service
The prices below for Mobile Network Termination Service shall be applied for the carriage of voice communications only.
Wholesale Local Leased Circuit Service
Domestic Connectivity to International Services
The prices below for Domestic Connectivity to International Services shall be applied for connection services between the Access Seeker's equipment to the submarine cable system.
Digital Terrestrial Broadcasting Multiplexing Service
Duct and Manhole Access
The prices below for Duct and Manhole Access shall be applied to lead-in ducts, mainline ducts and their associated manholes.
Layer 2 HSBB Network Service with Quality of Service
Trunk Transmission Service
Layer 3 HSBB Network Service
End-to-End Transmission Service